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[ Doc. ITo. 123. ] Hb. of Reps,

Executive

f*l: / 1 <■" . * ^ , •

FliOK TKS 1 ‘

PRESIDENT CP THE UNITED STATES,

Transmitting copies of Treaties which have lately been rat fed between
- the United States and the Choctaw Indians , and between the United
■ States and the confederated tribes of the Sacs and Foxes, and other

tribes.

* ..

. March 2, 1831.

Read, and laid upon the table.

March 1, 1331.

To the House of Representatives:,

I- transmit herewith, f« r the e of t) 2 3 :ji. ted thei

ties, which have beer, Aieiy p -led, ben er: . .. Unifeift States ana ...
Choctaw Indian; . da ewe or. me United Flics ww .... confederated tribe*
vof the Sacs and R oxes, and other tribes.

.. / - t

hU’Lt'- ■■

21st Congress,,
2d Session.

ANDREW JACKSON.

■ TREATY WITH THE CHOCTAWS.
•Whereas a treaty between the United States of America.

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J the ini EC-
entered in-
nber, in the
if the inde-
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chiefs, cap¬
tion; which
i words fol-

•ed into by
vernment
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extended
.-red limits
Lt he cannot
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JiF §20 3 US~ ? /9d3

U.S. PEACE TREATIES WITH THE INDIANS

Treaty with The Delawares 1778 (Sept. 17)

Treaty with the Six Nations 1784 (Cot. 22)

Treaty with the Wyandot s f etc. 1785 (Jan. 21)

(Wiandot, Delaware, Chippewa and Ottawa Nations)

Treaty with the Cherokees 1785 (Nov. 28)

Treaty with the Choctaws 1786 (Jan. 3)

Treaty with the Chickasaws 1786 (Jan. 10)

Treaty with the Shawnees, 1786 (Jan. 31)

Treaty with the Six Nations. 1789 (Jan. 9)

(Mohawks. Oneidas, Onandagas, Tuscaroras ,Cayugas and
Semekas) ???

Treaty with the Creeks 1790 (Aug. 7)

Treaty with the Cherokees 1791 (July 1) ???

Treaty with the Wyandots . etc. 1795 (July 3)

(Wyandots, Delawares, Shawnees, Ottawas., Chippewas,
Petawatimes, Miamis, Eel River, Weea*s Klckapoos,
Piawkashaws and Kaskaskias)

Treaty with the Sacs and Foxes 1804 (Nov. 3)

Treaty with the Wyandots » etc. 1814 (July 22)

(Wyandots, Delawares, Shawaneese, Senecas, Miamis)

Treaty with the Creeks 1814 (Aug. 9)

Treaty with the Pothwatomies 18 15 (July 18) (Minor)

Treaty with the P lan kas haws 1815 (July 18) (Minor)

Treaty with the Teetons 1815 (July 19) (Minor)

Treaty with the Sioux of the Lakes 1815 (July 19) (Minor)

Treaty with the Sioux of St. Peter *s River 18 15 (July 20) (Minor)

Treaty with the Yancton Sioux 1815 (Julyl9) (Minor)

Treaty with the Mamas 1815 (July 20) (Minor)

Treaty with the Kickapoos I8I5 (Sept. 2) (Minor)

Treaty with the Wyandots , etc. 1815 (Sept. 8)

Treaty with the Osages 1815 (Sept. 12) (Minor)

Treaty with the Foxes 1815 (Sept. 14) (Minor)

U.S. PEACE TREATIES WITH THE INDIA MS (continued)

Treaty

with

the

Treaty

with

the

Treaty

with

the

Treaty

with

the

Treaty

with

the

Treaty

with

the

Treaty

with

the

Treaty

with

the

Treaty

with

the

Treaty

with

the

Treaty

with

the

Treaty

with

the

Treaty

with

the

Treaty

with

the

Treaty

with

the

Treaty

with

the

Treaty

with

the

Treaty

with

the

J owas 1815 (Sept. 16) (Minor)

Kansas 1815 (Oct. 25) (Minor)

Sacs 1815 (May 13)

Sioux 1816 (June 1)

Wlnnebaaoes 1816 (June 3)

Menomonees 1817 (Mar. 30) (Minor)

Otoes 181? (June 24)

Poncas 1817 (June 25 >

Grand Pawnees 1818 (June 18) (Minor)

Noisy Pawnees 1818 (June 19) (Minor)

Pawnee Republic 1818 (June 20) (Minor)

Pawnee Marhars 1818 (June 22) (Minor)

Florida Tribes of Indians 1823
(cession of Florida) Sept. 18)

Rlcara Tribe 1825 (July 18)

Belatse-Etoa or Mlnnetsarfe Tribe 1825 (July 30)
Mandan Tribe 1825 (July 30)

Sauk and Foxes 1832 (Sept. 21)

Comanche, etc. 1835 (Aug. 24)

57th Congress, )

SENATE.

j Document

1st Session . \

] No. 452.

INDIAN AFFAIRS.

LAWS AND TREATIES.

Vol. II.

(TREATIES.)

COMPILED AND EDITED

CHARLES J. KAPPLER, LL. B., LL. M.,

Clerk to the Senate Committee on
Indian Affairs.

WASHINGTON:

GOVERNMENT PRINTING OFFICE.
1903.

Indian Conference
Carl Catalog, 1913

TREATIES.

TREATY WITH THE DELAWARES, 1778.

Articles of agreement and confederation , made and entered into by
Andrew and Thomas Lewis , Esquires, Commissioners for, and in
Behalf of the United States of North- America of the one Part, and
Capt. White Eyes, Capt. John Kill Buck, Junior, and Capt. Pipe ,
Deputies and Chief Men of the Delaware Nation of the other Part .

Article I.

That all offences or acts of hostilities by one, or either of the con¬
tracting parties against the other, be mutually forgiven, and buried
in the depth of oblivion, never more to be had in remembrance.

Article II.

That a perpetual peace and friendship shall from henceforth take
place, and subsist between the contracting parties aforesaid, through
all succeeding generations: and if either of the parties are engaged in
a just and necessary war with any other nation or nations, that then
each shall assist the other in due proportion to their abilities, till their
enemies are brought to reasonable terms of. accommodation: and that
if either of them shall discover any hostile designs forming against the
other, they shall give the earliest notice thereof, that timeous meas¬
ures may be taken to prevent their ill effect.

Article HI.

And whereas the United States are engaged in a just and necessary
war, in defence and support of life, liberty and independence, against
the King of England and his adherents, and as said King is yet pos¬
sessed of several posts and forts on the lakes and other places, the
reduction of which is of great importance to the peace and security of
the contracting parties, and as the most practicable way for the troops
of the United States to some of. the posts and forts is by passing through
the country of the Delaware nation, the aforesaid deputies, on behalf
of themselves and their nation, do hereby stipulate and agree to give a
free passage through their country to the troops aforesaid, and the
same to conduct by the nearest and best ways to the posts, forts or
towns of the enemies of the United States, affording to said troops
such supplies of corn, meat, horses, or whatever maybe in their power
for the accommodation of such troops, on the commanding officer’s, &c.
paying, or engageing to pay, the full value of whatever they can sup¬
ply them with. And the said deputies, on the behalf of their nation,
engage to join the troops of the U nited States aforesaid, with such a
number of their best and most expert warriors as they can spare, con¬
sistent with their own safety, and act in concert with them; and for

S. Doc. 452- - 1

Sept. 17, 1778.

7 Stat., 13.

All offenses mutu¬
ally forgiven.

Peace and friend¬
ship perpetual.

In case of war, each
party to assist the
other.

United States to
have free passage to
forts or towns of their
enemies.

Such warriors as can
he spared, to join the
troops of the United
States.

TREATY WITH THE DELAWARES, 3778.

the better security of the old men, women and children of the afore¬
said nation, whilst their warriors are engaged against the common
enemy, it is agreed on the part of the United States, that a fort of suf¬
ficient strength and capacity be built at the expense of the said States,
with such assistance as it may be in the power of the said Delaware
Nation to give, in the most convenient place, and advantageous situa¬
tion, as shall be agreed on by the commanding officer of thfe troops
aforesaid, with the advice and concurrence of the deputies of the afore¬
said Delaware Nation, which fort shall be garrisoned by such a number
of the troops of the United States, as the commanding officer can spare
for the present, and hereafter by such numbers, as the wise men of
the United States in council, shall think most conducive to the com¬
mon good.

Article IY.

fli^puSshmentwith- For the better security of the peace and friendship now entered into
out an impartial trial, by the contracting parties, against all infractions of the same by the
citizens of either party, to the prejudice of the other, neither party
shall proceed to the infliction of punishments on the citizens of the
other, otherwise than by securing the offender or offenders by impris¬
onment, or any other competent means, till a fair and impartial trial
can be had by judges or juries of both parties, as near as can be to the
laws, customs and usages of the contracting parties and natural justice:
The mode of such trials to be hereafter fixed by the wise men of the
United States in Congress assembled, with the assistance of such depu¬
ties of the Delaware nation, as may be appointed to act in concert
niifugFtivSltc™111' ttiem in adjusting this matter to their mutual liking. And it is
further agreed between the parties aforesaid, that neither shall enter¬
tain or give countenance to the enemies of the other, or protect in
their respective states, criminal fugitives, servants or slaves, but the
same to apprehend, and secure and deliver to the State or States, to
which such enemies, criminals, servants or slaves respectively belong.

Article Y.

pointed" bytheUnitetf Whereas the confederation entered into by the Delaware nation and
states to trade with the United States, renders the first dependent on the latter for all the
the Delaware Nation. arftc],es Gf dothing, utensils and implements of war, and it is judged
not only reasonable, but indispensably necessary, that the aforesaid
Nation be supplied with such articles from time to time, as far as the
United States may have it in their power, by a well-regulated trade,
under the conduct of an intelligent, candid agent, with an adequate
salary, one more influenced by the love of his country, and a constant
attention to the duties of his department by promoting the common
interest, than the sinister purposes of converting and binding all the
duties of his office to his private emolument: Convinced of the neces¬
sity of such measures, the Commissioners of the United States, at the
earnest solicitation of the deputies aforesaid, have engaged in behalf
of the United States, that such a trade shall be afforded said nation,
conducted on such principles of mutual interest as the wisdom of the
United States in Congress assembled shall think most conducive to
adopt for their mutual convenience.

Article YI.

united states guar- Whereas the enemies of the United States have endeavored, by
territorial rights as every artifice in their power, to possess the Indians in general with
treaties4 by former an opinion, that it is the design of the States aforesaid, to extirpate
the Indians and take possession of their country: to obviate such false
suggestion, the United States do engage to guarantee to the aforesaid

TREATY WITH THE SIX NATIONS, 1784.

nation of Delawares, and their heirs, all their territorial rights in the
fullest and most ample manner, as it hath been bounded by former
treaties, as long as they the said Delaware nation shall abide by, and
hold fast the chain of friendship now entered into. And it is further
agreed on between the contracting parties should it for the future be
found conducive for the mutual interest of both parties to invite any
other tribes who have been friends to the interest of the Units d States,
to join the present confederation, and to form a state whereof the
Delaware nation shall be the head, and have a representation in Con- sentatkm fn congress
gress: Provided, nothing contained in this article to be considered as on certain conditions,
conclusive until it meets with the approbation of Congress. And it is
also the intent and meaning of this article, that no protection or coun¬
tenance shall be afforded to any who are at present our enemies, by
which they might escape the punishment they deserve.

TREATY WITH THE SIX NATIONS, 1784.

Articles concluded at Fort Stanwix, on the twenty-second day of October , . oct. 22, 1784.
one thousand seven hundred and eighty-four , between Oliver Wolcott , 7 stat., 15.

Richard Butler , and Arthur Lee , Commissioners Plenipotentiary
from the United States , in Congress assembled , on the one Part, and
the Sachems and Warriors of the Six Nations, on the other.

The United States of America give peace to the Senecas, Mohawks,

Onondagas and Cayugas, and receive them into their protection upon
the following conditions:

Article I.

Six hostages shall be immediately delivered to the commissioners by Hostages to be given

,1 . -1 p. . . J /» ,1 -r-r «i i n, i r till prisoners are deli-v-

the said nations, to remain in possession of the United States, till all eredup,
the prisoners, white and black, which were taken by the said Senecas,

Mohawks, Onondagas and Cayugas, or by any of them, in the late war,
from among the people of the United States, shall be delivered up.

Article II.

The Oneida and Tuscarora nations shall be secured in the possession Possession of lands
of the lands on which they are settled. secured.

Article III.

A line shall be drawn, beginning at the mouth of a creek about four Boundaries,
miles east of Niagara, called Oyonwayea, or Johnston’s Landing-Place,
upon the lake named by the Indians Oswego, and by us Ontario; from
thence southerly in a direction always four miles east of the carrying-
path, between Lake Erie and Ontario, to the mouth of Tehoseroron or
Buff aloe Creek on Lake Erie; thence south to the north boundary of
the state of Pennsylvania; thence west to the end of the said north
boundary; thence south along the west boundary of the said state, to
the river Ohio; the said line from the mouth of the Oyonwayea to the
Ohio, shall be the western boundary of the lands of the Six Nations,
so that the Six Nations shall and do yield to the United States, all claims
to the country west of the said boundary, and then they shall be secured
in the peaceful possession of the lands they inhabit east and north of
the same, reserving only six miles square round the fort of Oswego,
to the United States, for the support of the same.

4 TREATY WITH THE WYANDOTS, ETC., 1785.

Article IV.

Indians. given The Commissioners of the United States, in consideration of the

present circumstances of the Six Nations, and in execution of the
humane and liberal views of the United States upon the signing of
the above articles, will order goods to be delivered to the said Six
Nations for their use and comfort.

TREATY WITH THE WYANDOTS, ETC., 1785.

— - — — - Articles of a treaty co'ncluded at Fort AV Intosh, the twenty-first day

of January , one thousand seven hwidred and eighty-five , between the
Commissioners Plenipotentiary of the United States of America, of
the one Part, and the Sachems a/nd Warriors of the Wiandot, Dela¬
ware, Chippawa and Ottawa Nations of the other.

The Commissioners Plenipotentiary of the United States in Con¬
gress assembled, give peace to the Wiandot, Delaware, Chippewa,
and Ottawa nations of Indians, on the following conditions:

Article I.

tin°pSSfeSbar?Vre- Tbree chiefs, one from among the Wiandot, and two from among
stored. the Delaware nations, shall be delivered up to the Commissioners of

the United States, to be by them retained till all the prisoners, white
and black, taken by the said nations, or any of them, shall be restored.

Article II.

edge1 prote^t&n Wof The said Indian nations do acknowledge themselves and all their
united states. tribes to be under the protection of the United States and of no other
sovereign whatsoever.

Article III.

Boundaries. The boundary line between the United States and the Wiandot and

Delaware nations, shall begin at the mouth of the river Cayahoga, and
run thence up the said river to the portage between that and the Tus¬
carawas branch of Meskingum; then down the said branch to the forks
at the crossing place above Fort Lawrence; then westerly to the portage
of the Big Miami, which runs into the Ohio, at the mouth of which
branch the fort stood which was taken by the French in one thousand
seven hundred and fifty-two; then along the said portage to the Great
Miami or Ome river, and down the south-east side of the same to its
mouth; thence along the south shore of lake Erie, to the mouth of
Cayahoga where it began.

Article IY.

Reserves. XLe United States allot all the lands contained within the said lines

to the Wiandot and Delaware nations, to live and to hunt on, and to
such of the Ottawa nation as now live thereon; saving and reserving
for the establishment of trading posts, six miles square at the mouth of
Miami or Ome river, and the same at the portage on that branch of
the Big Miami which runs into the Ohio, and the same on the lake of
Sanduske where the fort formerly stood, and also two miles square on
each side of the lower rapids of Sanduske river, which posts and the
lands annexed to them, shall be to the use and under the government
of the United States.

TREATY WITH THE WYANDOTS, ETC., 1785.

Article Y.

If any citizen of the United States, or other person not being an
Indian, shall attempt to settle on any of the lands allotted to the
Wiandot and Delaware nations in this treaty, except on the lands
reserved to the United States in the preceding article, such person
shall forfeit the protection of the United States, and the Indians may
punish him as they please.

Article VI.

The Indians who sign this treaty, as well in behalf of all their tribes
as of themselves, do acknowledge the lands east, south and west of the
lines described in the third article, so far as the said Indians formerly
claimed the same, to belong to the United States; and none of their
tribes shall presume to settle upon the same, or any part of it.

Article VII.

The post of Detroit, with a district beginning at the mouth of the
river Rosine, on the west end of lake Erie, and running west six miles
up the southern bank of the said river, thence northerly and always
six miles west of the strait, till it strikes the lake St. Clair, shall be
also reserved to the sole use of the United States.

Article VIII.

In the same manner the post of Michillimachenac with its dependen¬
cies, and twelve miles square about the same, shall be reserved to the
use of the United States.

Article IX.

If any Indian or Indians shall commit a robbery or murder on any
citizen of the United States, the tribe to which such offenders may
belong, shall be bound to deliver them up at the nearest post, to be
punished according to the ordinances of the United States.

Article X.

The Commissioners of the United States, in pursuance of the humane
and liberal views of Congress, upon this treaty’s being signed, will
direct goods to be distributed among the different tribes for their use
and comfort.

Separate Article.

It is agreed that the Delaware chiefs, Kelelamand or lieutenant-
colonel Henry, Hengue Pushees or the Big Cat, Wicocalind or Captain
White Eyes, who took up the hatchet for the United States, and their
families, shall be received into the Delaware nation, in the same
situation and rank as before the war, and enjoy their due portions of
the lands given to the Wiandot and Delaware nations in this treaty, as
fully as if they had not taken part with America, or as any other per¬
son or persons in the said nations.

No citizen of United
States to settle on In¬
dian lands.

Indians recognize
title of United States
to certain described
lands.

Post at Detroit re¬
served.

Post at Michilli-
machenac reserved.

Robbers and mur¬
derers to be delivered
to United States.

Goods to be dis¬
tributed.

Provision for cer¬
tain Indians.

TREATY WITH THE CHEROKEES, 1785.

— -No-vi-28,_i785. _ Articles concluded at Hopewell, on the Ueowee , between Benjamin

7stat-’18- Hawkins, Andrew Pickens , Joseph Martin, and Lachlan McIntosh,

Commissioners Plenipotentiary of the United States of America, of
the one Part, and the Head-Men and Warriors of all the Cherokees
of the other .

The Commissioners Plenipotentiary of the United States, in Congress
assembled, give peace to all the Cherokees, and receive them into thy
favor and protection of the United States of America, on the followinq-
conditions:

Article I.

anprisonSer?eteestore The Head-Men and Warriors of all the Cherokees shall restore all
the prisoners, citizens of the United States, or subjects of their allies,
to their entire liberty : They shall also restore all the Negroes, and all
other property taken during the late war from the citizens, to such
person, and at such time and place, as the Commissioners shall appoint.

Article II.

The Commissioners of the United States in Congress assembled,
shall restore all the prisoners taken from the Indians, during the late
war, to the Head-Men and Warriors of the Cherokees, as early as is
practicable.

Article III.

edgeerprotection°Wof The said. Indians for themselves and their respective tribes and towns

United states. do acknowledge all the Cherokees to be under the protection of the
United States of America, and of no other sovereign whosoever.

Article IY.

Boundaries. The boundary allotted to the Cherokees for their hunting grounds,

between the said Indians and the citizens of the United States, within
the limits of the United States of America, is, and shall be the follow¬
ing, viz. Beginning at the mouth of Duck river, on the Tennessee;
thence running north-east to the ridge dividing the waters running into
Cumberland from those running into the Tennessee; thence eastwardly
along the said ridge to a north-east line to be run, which shall strike
the river Cumberland forty miles above Nashville; thence along the
said line to the river; thence up the said river to the ford where the
Kentucky road crosses the river; thence to Campbell’s line, near Cum¬
berland gap; thence to the mouth of Claud’s creek on Holstein; thence
to the Chimney -top mountain; thence to Camp-creek, near the mouth
of Big Limestone, on Nolichuckey ; thence a southerly course six miles
to a mountain; thence south to the North- Carolina line; thence to the
South -Carolina Indian boundary, and along the same south-west over
the top of the Oconee mountain till it shall strike Tugaloo river; thence
a direct line to the top of the Currohee mountain; thence to the head
of the south fork of Oconee river.

Article Y.

Steteftoseme^n?- ^ any citizen of the United States, or other person not being an

diaif lands. e on n’ Indian, "shall attempt to settle on any of the lands westward or south¬
ward of the said boundary which are hereby allotted to the Indians for
their hunting grounds, or having already settled and will not remove
from the same within six months after the ratification of this treaty,
such person shall forfeit the protection of the United States, and the

United States to re¬
store all prisoners.

TEEATY WITH THE OHEEOKEES, 1785.

Indians may punish him or not as they please: Provided nevertheless,

That this article shall not extend to the people settled between the fork
of French Broad and Holstein rivers, whose particular situation shall
be transmitted to the United States in Congress assembled for their
decision thereon, which the Indians agree to abide by.

Article VI.

If any Indian or Indians, or person residing among them, or who UpcKnais. dellver
shall take refuge in their nation, shall commit a robbery, or murder, or
other capital crime, on any citizen of the United States, or person
under their protection, the nation, or the tribe to which such offender
or offenders may belong, shall be bound to deliver him or them up to
be punished according to the ordinances of the United States; Pro¬
vided, that the punishment shall not be greater than if the robbery or
murder, or other capital crime had been committed by a citizen on a
citizen.

Article VII.

If any citizen of the United States, or person under their protection, gS^commutiSg
shall commit a robbery or murder, or other capital crime, on any Indian, crimes against in-
such offender or offenders shall be punished in the same manner as if dianst0 bepmus ed-
the murder or robbery, or other capital crime, had been committed on
a citizen of the United States; and the punishment shall be in presence
of some of the Cherokees, if any shall attend at the time and place,
and that they may have an opportunity so to do, due notice of the time
of such intended punishment shall be sent to some one of the tribes.

Article VIII.

It is understood that the punishment of the innocent under the idea .^Retaliation prohib-
of retaliation, is unjust, and shall not be practiced on either side, except
where there is a manifest violation of this treaty; and then it shall be
preceded first by a demand of justice, and if refused, then by a decla¬
ration of hostilities.

Article IX.

For the benefit and comfort of the Indians, and for the prevention united states to reg-
of injuries or oppressions on the part of the citizens or Indians, the uatetra e-
United States in Congress assembled shall have the sole and exclusive
right of regulating the trade with the Indians, and managing all their
affairs in such manner as they think proper.

Article X.

Until the pleasure of Congress be known, respecting the ninth fecial provision for
article, all traders, citizens of the United States, shall have liberty to ra e'
go to any of the tribes or towns of the Cherokees to trade with them,
and they shall be protected in their persons and property, and kindly
treated.

Article XI.

The said Indians shall give notice to the citizens of the United States, tice of designsgagainst
of any designs which they may know or suspect to be formed in any united states,
neighboring tribe, or by any person whosoever, against the peace,
trade or interest of the United States.

Article XII.

That the Indians may have full confidence in the justice of the Indians may send
United States, respecting their interests, they shall have the right to depu 7 to Congress-
send a deputy of their choice, whenever they think fit, to Congress.

TREATY WITH THE CHOCTAWS, 1786.
Article XIII.

up^ipetuai. en ' The hatchet shall be forever buried, and the peace given by the
L nited States, and friendship re-established between the said states on
the one part, and all the Cherokees on the other, shall be universal;
and the contracting parties shall use their utmost endeavors to main¬
tain the peace given as aforesaid, and friendship re-established.

TREATY WITH THE CHOCTAWS, 1786.

Articles of a treaty concluded at Hopewell , on the Keowee , near Seneca
Old Town, between Benjamin Hawkins , Andrew Pickens and Joseph
Martin, Commissioners Plenipotentiary of the United States of
America, of the one part; and Yockonahoma , great Medal Chief of
Soonacoha; Yockehoopoie , leading Chief of Bugtoogoloo ; Mingo-
hoopoie, leading Chief of Hashooqua; Tobocoh , great Medal Chief
of' Congetoo ; Pooshemastvbie , Gorget Captain of Senayazo; and
thirteen, small Medal Chiefs of the first Class, twelve Medal and
Gorget Captains, Commissioners Plenipotentiary of oil the Choctaw
Nation, of the other part.

The Commissioners Plenipotentiary of the United States of Amer¬
ica give peace to all the Choctaw nation, and receive them into the
favor and protection of the United States of America, on the follow¬
ing conditions:

Article I.

The Commissioners Plenipotentiary of all the Choctaw nation, shall
restore all the prisoners, citizens of the United States, or subjects of
their allies, to their entire liberty, if any there be in the Choctaw
nation. They shall also restore all the negroes, and all other property
taken during the late war, from the citizens, to such person, and at
such time and place as the Commissioners of the United States of
America shall appoint, if any there be in the Choctaw nation.

Article II.

theh pyr of The Commissioners Plenipotentiary of all the Choctaw nation, do
united states. hereby acknowledge the tribes and towns of the said uation, and the
lands within the boundary allotted to the said Indians to live and hunt
on, as mentioned in the third article, to be under the protection of the
United States of America, and of no other sovereign whosoever.

Article III.

Boundaries. The boundary of the lands hereby allotted to the Choctaw nation to

live and hunt on, within the limits of the United States of America, is
and shall be the following, viz. Beginning at a point on the thirty-
first degree of north latitude, where the Eastern boundary of the
Natches district shall touch the same; thence east along the said
thirty -first degree of north latitude, being the southern boundary of
the United States of America, until it shall strike the eastern bound¬
ary of the lands on which the Indians of the said nation did live and
hunt on the twenty-ninth of November, one thousand seven hundred
and eighty -two, while they were under the protection of the King of
Great- Britain; thence northerly along the said eastern boundary, until
it shall meet the northern boundary of the said lands; thence westerly
along the said northern boundary, until it shall meet the western

TREATY WITH THE CHOCTAWS, 1786.

boundary thereof; thence southerly along the same to the beginning:
saving and reserving for the establishment of trading posts, three
tracts or parcels of land of six miles square each, at such places as the
United [States] in Congress assembled shall think proper; which posts,
and the lands annexed to them, shall be to the use and under the gov¬
ernment of the United States of America.

Article IV.

If any citizen of the United States, or other person not being an
Indian, shall attempt to settle on any of the lands hereby allotted to
the Indians to live and hunt on, such person shall forfeit the protection
of the United States of America, and the Indians may punish him or
not as they please.

Article V.

If any Indian or Indians, or persons, residing among them, or who
shall take refuge in their nation, shall commit a robbery or murder or
other capital crime on any citizen of the United States of America, or
person under their protection, the tribe to which such offender may
belong, or the nation, shall be bound to deliver him or them up to be
punished according to the ordinances of the United States in Congress
assembled: Provided, that the punishment shall not be greater than if
the robbery or murder, or other capital crime, had been committed by
a citizen on a citizen.

Article VI.

If any citizen of the United States of America, or person under their
protection, shall commit a robbery or murder, or other capital crime,
on any Indian, such offender or offenders shall be punished in the same
manner as if the robbery or murder, or other capital crime, had been
committed on a citizen of the United States of America; and the pun¬
ishment shall be in presence of some of the Choctaws, if any will attend
at the time and place; and that they may have an opportunity so to do,
due notice, if practicable, of the time of such intended punishment,
shall be sent to some one of the tribes.

Article VII.

It is understood that the punishment of the innocent, under the idea
of retaliation, is unjust, and shall not be practiced on either side, except
where there is a manifest violation of this treaty; and then it shall be
preceded, first by a demand of justice, and if refused, then by a declara¬
tion of hostilities.

Article VIII.

For the benefit and comfort of the Indians, and for the prevention
of injuries or oppressions on the part of the citizens or Indians, the
United States in Congress assembled, shall have the sole and exclusive
right of regulating the trade with the Indians, and managing all their
affairs in such manner as they think proper.

Article IX.

Until the pleasure of Congress be known, respecting the eighth
article, all traders, citizens of the United States of America, shall have
liberty to go to any of the tribes or towns of the Choctaws, to trade
with them, and they shall be protected in their persons and propertv
and kindly treated.

No citizen of United
States shall settle on
Indian lands.

Indians to deliver
up criminals.

Citizens of United
States committing
crimes against In¬
dians to be punished.

Retaliation re¬
strained.

United States to reg¬
ulate trade.

Special provision
for trade.

TREATY WITH THE CHICKASAWS, 1786.
Article X.

tice of desigTofagajjist The said Indians shall give notice to the citizens of the United States
United states. 0f America, of any designs which they may know or suspect to be
formed in any neighboring tribe, or by any person whosoever, against
the peace, trade or interest of the United States of America.

Article XI.

Peace and friend¬
ship perpetual.

The hatchet shall be forever buried, and the peace given by the
United States of America, and friendship re-established between the
said states on the one part, and all the Choctaw nation on the other
part, shall be universal; and the contracting parties shall use their
utmost endeavors to maintain the peace given as aforesaid, and friend¬
ship re-established.

TREATY WITH THE CHICKASAWS, 1786.

. Articles of a treaty, concluded at Hopewell, on the Keowee, near Seneca
Old Town , between Benjam in Hawkins , Andrew Pickens , and Joseph
Martin , Commissioners Plenipotentiary of the United States of
America , of the one Part; and Piomingo , Head Warrior and First
Minister of the Chickasaw Nation; Mingatushka , one of the leading
Chiefs; and Latopoia , first beloved Man of the said Nation , Com¬
missioners Plenipotentiary of all the Chickasaws , of the other Part.

The Commissioners Plenipotentiary of the United States of America
give peace to the Chickasaw Nation, and receive them into the favor
and protection of the said States, on the following conditions:

prisoners and prop- The Commissioners Plenipotentiary of the Chickasaw nation, shall
erty* restore all the prisoners, citizens of the United States, to their entire

liberty, if any there be in the Chickasaw nation. The}" shall also
restore all the negroes, and all other property taken during the late
war, from the citizens, if any there be in the Chickasaw nation, to
such. person, and at such time and place, as the Commissioners of the
United States of America shall appoint.

Article II.

tettkfn^f^cnited The Commissioners Plenipotentiary of the Chickasaws, do hereby
states. acknowledge the tribes and the towns of the Chickasaw nation, to be

under the protection of the United States of America, and of no other
sovereign whosoever.

Article III.

Boundaries. The boundary of the lands hereby allotted to the Chickasaw nation

to live and hunt on, within the limits of the United States of America,
is, and shall be the following, viz. Beginning on the ridge that divides
the waters running into the Cumberland, from those running into the
Tenessee, at a point in a line to be run north-east, which shall strike
the Tenessee, at the mouth of Duck river; thence running westerly
along the said ridge, till it shall strike the Ohio; thence down the
southern banks thereof to the Missisippi; thence down the same, to
the Choctaw line or Natches district; thence along the said line, or the
line of the district eastwardly as far as the Chickasaws claimed, and
lived and hunted on, the twenty-ninth of November, one thousand

TRE4TY WITH THE CHICKASAWS, 1786.

seven hundred and eighty-two. Thence the said boundary, eastwardly,
shall be the lands allotted to the Choctaws and Cherokees to live and
hunt on, and the lands at present in the possession of the Creeks;
saving and reserving for the establishment of a trading post, a tract
or parcel of land to be laid out at the lower port of the Muscle shoals,
at the mouth of Ocochappo, in a circle, the diameter of which shall
be five miles on the® river, which post, and the lands annexed

thereto, shall be to the use and under the government of the United
States of America.

Article IV.

If any citizen of the United States, or other person not being an
Indian, shall attempt to settle on any of the lands hereby allotted to
the Chickasaws to live and hunt on, such person shall forfeit the pro¬
tection of the United States of America, and the Chickasaws may
punish him or not as they please.

Article V.

If any Indian or Indians, or persons residing among them, or who
shall take refuge in their nation, shall commit a robbery or murder,
or other capital crime, on any citizen of the United States, or person
under their protection, the tribe to which such offender or offenders
may belong, or the nation, shall be bound to deliver him or them up
to be punished according to the ordinances of the United States in
Congress assembled: Provided, that the punishment shall not be
greater, than if the robbery or murder, or other capital crime, had
been committed by a citizen on a citizen.

Article VI.

If any citizen of the United States of America, or person under
their protection, shall commit a robbery or murder, or other capital
crime, on any Indian, such offender or offenders shall be punished
in the same manner as if the robbery or murder or other capital
crime had been committed on a citizen of the United States of Amer¬
ica; and the punishment shall be in presence of some of the Chicka¬
saws, if any will attend at the time and place, and that they may have
an opportunity so to do, due notice, if practicable, of such intended
punishment, shall be sent to some one of the tribes.

Article VII.

It is understood that the punishment of the innocent under the idea
of retaliation is unjust, and shall not be practiced on either side, except
where there is a manifest violation of this treaty; and then it shall be
preceded, first by a demand of justice, and if refused, then by a decla¬
ration of hostilities.

Article VIII.

For the benefit and comfort of the Indians, and for the prevention
of injuries or oppressions on the part of the citizens or Indians, the
United States in Congress assembled shall have the sole and exclusive
right of regulating the trade with the Indians, and managing all their
affairs in such manner as they think proper.

No citizen of United
States shall settle on
Indian lands.

Indians to deliver
up criminals.

Citizens of United
States committing
crimes against In¬
dians to he punished.

Retaliation re¬
strained.

United States to reg¬
ulate trade.

a The name of the river is not in the original.

Special provision
for trade.

Indians to give
notice of designs
against United States.

Peace and friend¬
ship perpetual.

Jan. SI, 1786.

7 Stat.,26.

Hostages delivered
till prisoners axe re¬
stored.

Indians acknowl¬
edge the right of
United States to terri¬
tory ceded by Great
Britain.

To deliver up crim¬
inals.

TREATY WITH THE SHAWNEES, 1786.

Article IX.

Until the pleasure of Congress be known respecting the eighth
article, all traders, citizens of the United States, shall have liberty to
go to any of the tribes or towns of the Chickasaws to trade with them,
and they shall be protected in their persons and property, and kindly
treated.

Article X.

The said Indians shall give notice to the citizens of the United States
of America, of any designs which they may know or suspect to be
formed in any neighboring tribe, or by any person whosoever, against
the peace, trade or interests of the United States of America.

Article XI.

The hatchet shall be forever buried, and the peace given by the
United States of America, and friendship re-established between the
said States on the one part, and the Chickasaw nation on the other
part, shall be universal; and the contracting parties shall use their
utmost endeavors to maintain the peace given as aforesaid, and friend¬
ship re-established.

TREATY WITH THE SHAWNEES, 1786.

Articles of a Treaty concluded at the Mouth of the Great Miami , on the
North-western Bank of the Ohio, the thirty-first day of January, one
thousand seven hundred and eighty-six , between the Commissioners
Plenipotentiary of the United States of America, of the one Part ,
and the Chiefs and Warriors of the Shawanoe Nation, of the other
Part.

Article I.

Three hostages shall be immediately delivered to the Commissioners,
to remain in the possession of the United States until all the prisoners,
white and black, taken in the late war from among the citizens of the
United States, by the Shawanoe nation, or by any other Indian or
Indians residing in their towns, shall be restored.

Article II.

The Shawanoe nation do acknowledge the United States to be the
sole and absolute sovereigns of all the territory ceded to them by a
treaty of peace, made between them and the King of Great Britain,
the fourteenth day of January, one thousand seven hundred and
eighty-four.

Article III.

If any Indian or Indians of the Shawanoe nation, or any other Indian
or Indians residing in their towns, shall commit murder or robbery on,
or do any injury to the citizens of the United States, or any of them,
that nation shall deliver such offender or offenders to the officer com¬
manding the nearest post of the United States, to be punished accord¬
ing to the ordinances of Congress; and in like manner, any citizen of
the United States, who shall do an injury to any Indian of the Shawa¬
noe nation, or to any other Indian or Indians residing in their towns,
and under their protection, shall be punished according to the laws of
the United States.

TREATY WITH THE WYANDOTS, ETC., 1189.

Article IV.

The Shawanoe nation having knowledge of the intention of any Si^,0sgagiFnstlciMS
nation or body of Indians to make war on the citizens of the United states.

States, or of their counselling together for that purpose, and neglecting
to give information thereof to the commanding officer of the nearest
post of the United States, shall be considered as parties in such war,
and be punished accordingly: and the United States shall in like man¬
ner inform the Shawanoes of any injury designed against them.

Article V.

The United States do grant peace to the Shawanoe nation, and do peacetotheshawfnoe
receive them into their friendship and protection. nation.

Article VI.

The United States do allot to the Shawanoe nation, lands within their tan?' laLlf. them cer*
territory to live and hunt upon, beginning at the south line of the lands
allotted to the Wiandots and Delaware nations, at the place where the
main branch of the Great Miami, which falls into the Ohio, intersects
said line; then down the river Miami, to the fork of that river, next
below the old fort which was taken by the French in one thousand seven
hundred and fifty -two; thence due west to the river de la Panse; then
down that river to the river Wabash, beyond which lines none of the
citizens of the United States shall settle, nor disturb the Shawanoes in
their settlement and possessions; and the Shawanoes do relinquish to
the United States, all title, or pretence of title, they ever had to the
lands east, west and south, of the east, west and south lines before
described.

Article VII.

If any citizen or citizens of the United States, shall presume to settle No citizen of united
upon the lands allotted to the Shawanoes by this treaty, he or they shall IianiandsettIe on In"
be put out of the protection of the United States.

TREATY WITH THE WYANDOTS, ETC., 1789.

Articles of a Treaty Made at Fort Narmar, between Arthur St. Clair , Jan- 9> 1789-

Governor of the Territory _ of the United States North- West of the r stat, 28.

River Ohio, and Commissioner Plenipotentiary of the United States pfesfdeS°of°Vhe
of America , for removing all Causes of Controversy , regulating united states,* stating
Trade , and settling Boundaries , with the Indian Nations in the fee n thdeu iy e rSitfed!
Northern Department , of the one Part; and the Sachems and War- sept. 27, i?89.
riors of the Wiandot, Delaware , Ottawa , Chippewa , Pattawatima
and Sac Nations , on the other Part.

Article I.

Whereas the United States in Congress assembled, did, by their two persons as hos-
Commissioners George Rogers Clark, Richard Butler, and Arthur Lee, bfunited staSuFtil
Esquires, duly appointed for that purpose, at a treaty holden with the Sored pnsoners are
Wiandot, Delaware, Ottawa and Chippewa nations, at Fort M’Intosh,
on the twenty -first day of January, in the year of our Lord one thou¬
sand seven hundred and eighty-five, conclude a peace with the Wyan-
dots, Delawares, Ottawas and Chippewas, and take them into their
friendship and protection: And whereas at the said treaty it was
stipulated that all prisoners that had been made by those nations, or

TREATY WITH THE WYANDOTS, ETC., 1789.

either of them, should he delivered up to the United States. And
whereas the said nations have now agreed to and with the aforesaid
Arthur St. Clair, to renew and confirm all the engagements they had
made 'with the United States of America, at the before mentioned
treaty, except so far as are altered by these presents. And there are
now in the possession of some individuals of these nations, certain
prisoners, who have been taken by others not in peace with the said
United States, or in violation of the treaties subsisting between the
United States and them; the said nations agree to deliver up all the
prisoners now in their hands (by what means soever they may have
come into their possession) to the said Governor St. Clair, at Fort
Harmar, or in his absence, to the officer commanding there, as soon
as conveniently may be; and for the true performance of this agree¬
ment, they do now agree to deliver into his hands, two persons of the
Wyandot Nation, to be retained in the hands of the United States as
hostages, until the said prisoners are restored; after which they shall
be sent back to their nation.

Article EL

meriynfixed renewed And whereas at the before mentioned treaty it was agreed between
and confirmed. e the United States and said nations, that a boundary line should be
fixed between the lands of those nations and the territory of the
United States; which boundary is as follows, viz. — Beginning at the
mouth of Cayahoga river, and running thence up the said river to the
portage between that and the Tuscarawa branch of Muskingum, then
down the said branch to the forks at the crossing-place above fort
Lawrence, thence westerly to the portage on that branch of the Big
Miami river which runs into the Ohio, at the mouth of which branch
the fort stood which was taken by the French in the year of our Lord
one thousand seven hundred and fifty-two, then along the said portage
to the Great Miami or Omie river, and down the south-east side of
the same to its mouth; thence along the southern shore of Lake Erie
to the mouth of Cayahoga, where it began. And the said Wyandot,
Delaware, Ottawa and Chippewa Nations, for and in consideration of
the peace then granted to them by the said United States, and the
presents they then received, as well as of a quantity of goods to the
value of six thousand dollars, now delivered to them by the said
Arthur St. Clair, the receipt whereof they do hereby acknowledge,
do by these presents renew and confirm the said boundary line; to
the end that the same may remain as a division line between the
lands of the United States of America, and the lands of said nations,
Lands ceded to forever. And the undersigned Indians do hereby in their own names,
united states. and the names of their respective nations and tribes, their heirs and
descendants, for the consideration above-mentioned, release, quit
claim, relinquish and cede to the said United States, all the land east,
south and west of the lines above described, so far as the said Indians
formerly claimed the same; for them the said United States to have
and to hold the same in true and absolute propriety forever.

Article III.

ciSmtoceitetoiands The United States of America do by these presents relinquish and
Indians not at liberty quitclaim to the said nations respectively, all the lands lying between
lands, Except ,°etc.a 1 ^ the limits above described, for them the said Indians to live and hunt
upon, and otherwise to occupy as they shall see fit: But the said nations,
or either of them, shall not be at liberty to sell or dispose of the same,
or any part thereof, to any sovereign power, except the United States;
nor to the subjects or citizens of any other sovereign power, nor to the
subjects or citizens of the United States.

TREATY WITH THE WYANDOTS, ETC., 1789

Article IV.

It is agreed between the said United States and the said nations, that Indians at liberty to
the individuals of said nations shall be at liberty to hunt within the ter- ed to united states6
ritory ceded to the United States, without hindrance or molestation,
so long as they demean themselves peaceably, and offer no injury or
annoyance to any of the subjects or citizens of the said United States.

Article V.

It is agreed that if any Indian or Indians of the nations before men- individuals of one
tioned, shall commit a murder or robbery on any of the citizens of the murder orCrobbery1on
United States, the nation or tribe to which the offender belongs, on ered0upefortriaidehv'
complaint being made, shall deliver up the person or persons complained
of, at the nearest post of the United States; to the end that he or they
may be tried, and if found guilty, punished according to the laws estab¬
lished in the territory of the United States north-west of the river Ohio,
for the punishment of such offences, if the same shall have been com¬
mitted within the said territory ; or according to the laws of the State
where the offence may have been committed, if the same has happened
in any of the United States. In like manner, if any subject or citizen
of the United States shall commit murder or lobbery on any Indian or
Indians of the said nations, upon complaint being made thereof, he or
they shall be arrested, tried and punished agreeable to the laws of the
state or of the territory wherein the offence was committed; that noth¬
ing may interrupt the peace and harmony now established between the
United States and said nations.

Article VI.

And whereas the practice of stealing horses has prevailed very much, Persons to be severe-
to the great disquiet of the citizens of the United States, and if per- ingpUhorsesd
sisted in, cannot fail to involve both the United States of America and plrtr^wlom
the Indians in endless animosity, it is agreed that it shall be put an theybeiong.
entire stop to on both sides; nevertheless, should some individuals, in
defiance of this agreement, and of the laws provided against such
offences, continue to make depredations of that nature, the person con¬
victed thereof shall be punished with the utmost severity the laws of
the respective states, or territory of the United States north-west of the
Ohio, where the offence may have been committed, will admit of: And
all horses so stolen, either by the Indians from the citizens or subjects
of the United States, or by the citizens or subjects of the United States
from any of the Indian nations, may be reclaimed, into whose posses¬
sion soever they may have passed, and, upon due proof, shall be restored;
any sales in market overt, notwithstanding. And the civil magis¬
trates in the United States respectively, and in the territory of the
United States north-west of the Ohio, shall give all necessary* aid and
protection to Indians claiming such stolen horses.

Article VII.

Trade shall be opened with the said nations, and they do hereby Trade to be opened
respectively engage to afford protection to the persons and property tJ

of such as may be duly licensed to reside among them for the purposes t^ose licensed .to re-
of trade, and to their agents, factors and servants; but no person shall “ ea“ong them-
be permitted to reside at their towns, or at their hunting camps, as a
trader, who is not furnished with a license for that purpose, under the
hand and seal of the Governor of the territory of the United States
north-west of the Ohio, for the time being, or under the hand and seal
of one of his deputies for the management of Indian affairs; to the end

TREATY WITH THE WYANDOTS, ETC., 1789.

Persons intruding
without license to be
apprehended and
given up.

Notice to be given
of war or harm known
to be meditated
against either party.

No .citizen of United
States shall settle on
Indian lands.

Reservations by
United States for trad¬
ing posts.

The post at Detroit,
etc., reserved.

The post at Michi-
limackinac, etc., re¬
served.

that they may not be imposed upon in their traffic. And if any per¬
son or persons shall intrude themselves without such licence, they
promise to apprehend him or them, and to bring them to the said Gov¬
ernor, or one of his deputies, for the purpose before mentioned, to be
dealt with according to law: And that they may be defended against
persons who might attempt to forge such licenses, they further engage
to give information to the said Governor, or one of his deputies, of
the names of all traders residing among them from time to time, and
at least once in every year.

Article VIII.

Should any nation of Indians meditate a war against the United
States, or either of them, and the same shall come to the knowledge of
the before mentioned nations, or either of them, they do hereby engage
to give immediate notice thereof to the Governor, or in his absence to
the officer commanding the troops of the United States at the nearest
post. And should any nation with hostile intentions against the United
States, or either of them, attempt to pass through their country, they
will endeavor to prevent the same, and in like manner give information
of such attempt to the said Governor or commanding officer, as soon
as possible, that all causes of mistrust and suspicion may be avoided
between them and the United States: In like manner the United States
shall give notice to the said Indian nations, of any harm that may be
meditated against them, or either of them, that shall come to their
knowledge; and do all in their power to hinder and prevent the same,
that the friendship between them may be uninterrupted.

Article IX.

If any person or persons, citizens or subjects of the United States,
or any other person not being an Indian, shall presume to settle upon
the lands confirmed to the said nations, he and they shall be out of the
protection of the United States; and the said nations may punish him
or them in such manner as they see fit.

Article X.

The United States renew the reservations heretofore made in the
before mentioned treaty at Fort M’Intosh, for the establishment of
trading posts, in manner and form following; that is to say: Six miles
square at the mouth of the Miami or Omie river; six miles square at the
portage upon that branch of the Miami which runs into the Ohio; six
miles square upon the lake Sanduslsy where the fort formerly stood;
and two miles square upon each side the Lower Rapids on Sandusky
river, which posts, and the lands annexed to them, shall be for the use
and under the government of the United States.

Article XI.

The post at Detroit, with a district of land beginning at the mouth
of the river Rosine, at the west end of lake Erie, and running up the
southern bank of said river six miles; thence northerly, ana always
six miles west of the strait, until it strikes the lake St. Clair, shall be
reserved for the use of the United States.

Article XII.

In like manner the post at Michilimackinac, with its dependencies,
and twelve miles square about the same, shall be reserved to the sole
use of the United States.

TREATY WITH THE WYANDOTS, ETC., 1789.

Article XIII.

The United States of America do hereby renew and confirm the
peace and friendship entered into with the said nations, at the treaty
before mentioned, held at Fort MTntosh; and the said nations again
acknowledge themselves, and all their tribes, to be under the protection
ox the said United States, and no other power whatever.

Article XIY.

The United States of America do also receive into their friendship
and protection, the nations of the Pattiwatimas and Sacs; and do hereby
establish a league of peace and amity between them respectively; and
all the articles of this treaty, so far as they apply to these nations, are
to be considered as made and concluded in all, and everv part, expressly
with them and each of them.

Article XY.

And whereas in describing the boundary before mentioned, the words,
if strictly constructed, would carry it from the portage on that branch
of the Miami, which runs into the Ohio, over to the river Au Glaize;
which was neither the intention of the Indians, nor of the Commis¬
sioners; it is hereby declared, that the line shall run from the said
portage directly to the first fork of the Miami river, which is to the
southward and eastward of the Miami village, thence down the main
branch of the Miami river to the said village, and thence down that
river to Lake Erie, and along the margin of the lake to the place of
beginning.

Be it remembered , That the Wyandots have laid claim to the lands
that were granted to the Shawanese, at the treaty held at the Miami,
and have declared, that as the Shawanese have been so restless, and
caused so much trouble, both to them and to the United States, if they
will not now be at peace, they will dispossess them, and take the coun¬
try into their own hands; for that the country is theirs of right, and
the Shawanese are only living upon it by tLeir permission. They
further lay claim to all the country west of the Miami boundary, from
the village to the lake Erie, and declare that it is now under their
management and direction.

Separate Article.

Whereas the Wyandots have represented, that within the reservation
from the river Rosine along the Strait, they have two villages from
which they cannot with any convenience remove; it is agreed, that
they shall remain in possession of the same, and shall not be in any
manner disturbed therein.

Separate Article.

Should a robbery or murder be committed by an Indian or Indians
of the said nations upon the citizens or subjects of the United States
or any of them, or by the citizens or subjects of the United States or
any of them, upon any Indian or Indians of the said nations, the
parties accused of the same shall be tried, and, if. found guilty, be
S. Doc. 452 - -2

Peace and friend¬
ship renewed and con¬
firmed.

The nations of Pot-
awatomies and Sacs
taten into protection
of United States.

Boundary line fur¬
ther explained.

Wyandots will dis¬
possess the Shawa¬
nese, if the latter will
not be at peace.

Two Wyandot vil¬
lages within the res¬
ervations not to he
disturbed.

In ease of robbery
or murder, the offend¬
er to be delivered up,
etc.

TREATY WITH THE SIX HATTONS, 1789.

Jan. 9, 1789.

7 Stat., 33.

Reference to t li e
treaty of fort Stanwix.

Renewal of engage¬
ments.

The Mohawks ex¬
cepted.

punished according to the laws of the state, or of the territory of the
United States, as the case may be, where the same was committed;
and should any horses be stolen, either by the Indians of the said
nations from the citizens or subjects of the United States or any of
them, or by any of the said citizens and subjects from any of the
said Indians, they may be reclaimed, into whose possession soever they
may have come; and, upon due proof, shall be restored, any sales in
open market notwithstanding. And the parties convicted shall be
punished with the utmost severity the laws will admit; and the said
nations engage to deliver the parties that may be accused of their
nations of either of the before-mentioned crimes, at the nearest post
of the United States, if the crime was committed within the territory
of the United States, or to the civil authoritv of the States, if it shall
have happened within any of the United States.

TREATY WITH THE SIX NATIONS, 1789.

Articles of a treaty made at fort-Harmar , the ninth day of January , in
the year of our Lord one thousand seven hundred and eighty-nine ,
between Arthur St. Clair , esquire , governor of the territory of the
United States of America , north-west of the river Ohio , and com¬
missioner plenipotentiary of the said United States, for removing all
causes of controversy, regulating trade , and settling boundaries ,
between the Indian 7iations in the northern department and the said
United States , of the one part , and the sachems and warriors of the
Six Nations , of the other part:

Art. 1. Whereas the United States, in congress assembled, did, by
their commissioners, Oliver Wolcott, Richard Butler, and Arthur Lee,
esquires, duly appointed for that purpose, at a treaty held with the
said Six Nations, viz: with the Mohawks, Oneidas, Onondagas, Tus-
caroras, Cayugas, and Senekas, at fort Stanwix, on the twenty -second
day of October, one thousand seven hundred and eighty-four, give
peace to the said nations, and receive them into their friendship and
protection: And whereas the said nations have now agreed to and with
the said Arthur St. Clair, to renew and confirm all the engagements
and stipulations entered into at the beforementioned treaty at fort
Stanwix: and whereas it was then and there agreed, between the
United States of America and the said Six Nations, that a boundary line
should be fixed between the lands of the said Six Nations and the terri¬
tory of the said United States, which boundary line is as follows, viz:
Beginning at the mouth of a creek, about four miles east of Niagara,
called Ononwayea, or Johnston’s Landing Place, upon the lake named
by the Indians Oswego, and by us Ontario; from thence southerly, in
a direction always four miles east of the carrying place, between lake
Erie and lake Ontario, to the mouth of Tehoseroton, or Buffalo creek,
upon lake Erie; thence south, to the northern boundary of the state of
Pennsylvania; thence west, to the end of the said north boundary;
thence south, along the west boundary of the said state to the river
Ohio. The said line, from the mouth of Ononwayea to the Ohio, shall
be the western boundary of the lands of the Six Nations, so that the
Six Nations shall and do yield to the United States, all claim to the
country west of the said boundary; and then they shall be secured in
the possession of the lands the}T inhabit east, north, and south of the
same, reserving only six miles square, round the fort of Oswego, for
the support of the same. The said Six Nations, except the Mohawks,
none of whom have attended at this time, for and in consideration of
the peace then granted to them, the presents they then received, as well
as in consideration of a quantity of goods, to the value of three thousand
dollars, now delivered to them by the said Arthur St. Clair, the receipt

TREATY WITH THE CREEKS, 1790.

whereof they do hereby acknowledge, do hereby renew and confirm
the said boundary line in the words beforementioned, to the end that
it may be and remain as a division line between the lands of the said
Six Nations and the territory of the United States, forever. And the
undersigned Indians, as well in their own names as in the name of their
respective tribes and nations, their heirs and descendants, for the con¬
siderations beforementioned, do release, quit claim, relinquish, and
cede, to the United States of America, all the lands west of the said
boundary or division line, and between the said line and the strait,
from the mouth of Ononwayea and Buffalo Creek, for them, the said
United States of America, to have and to hold the same, in true and
absolute propriety, forever.

Art. 2. The United States of America confirm to the Six Nations,
all the lands which they inhabit, lying east and north of the before-
mentioned boundary line, and relinquish and quit claim to the same
and every part thereof, excepting only six miles square round the
fort of Oswego, which six miles square round said fort is again
reserved to the United States by these presents.

Art. 3. The Oneida and Tuscarora nations, are also again secured
and confirmed in the possession of their respective lands.

Art. 4. The United States of America renew and confirm the peace
and friendship entered into with the Six Nations, (except the Mohawks),
at the treaty beforementionedyheld at fort Stanwix, declaring the same
to be perpetual. And if the Mohawks shall, within six months, declare
their assent to the same, they shall be considered as included.

Separate Article.

Should a robbery or murder be committed by an Indian or Indians
of the Six Nations, upon the citizens or subjects of the United States,
or by the citizens or subjects of the United States, or any of them,
upon any of the Indians of the said nations, the parties accused of the
same shall be tried, and if found guilty, be punished according to the
laws of the state, or of the territory of the United States, as the case
may be, where the same was committed. And should any horses be
stolen, either bj^ the Indians of the said nations, from the citizens or
subjects of the United States, or any of them, or by any of the said
citizens or subjects from any of the said Indians, they may be reclaimed
into whose possession soever they may have come; and, upon due
proof, shall be restored, any sale in open market notwithstanding; and
the persons convicted shall be punished with the utmost severity the
laws will admit. And the said nations engage to deliver the persons
that may be accused, of their nations, of either of the beforementioned
crimes, at the nearest post of the United States, if the crime was com¬
mitted within the territory of the United States ; or to the civil authority
of the state, if it shall have happened within any of the United States.

TREATY WITH THE CREEKS, 1790.

A Treaty of Peace and Friendship made and concluded between the
President of the United States of America, on the Part and BeJmlf
of the said States , and the undersigned Kings , Chiefs and Warriors
of the Creek Nation of Indians , on the Part and Behalf of the said
Nation.

The parties being desirous of establishing permanent peace and
friendship between the United States and the said Creek Nation, and
the citizens and members thereof, and to remove the causes of war bv

Old boundary con¬
firmed.

Lands west of said
line ceded forever to
United States.

Certain lands con¬
firmed to the Six Na¬
tions, except, etc.

Lands of Oneidas
and Tuscaroras con¬
firmed to them anew.

Peace and friend¬
ship renewed.

Mohawxs allowed
six months to assent.

Robberies and mur¬
ders to be punished
according to the law,
etc.

Stolen horses to be
restored.

Offenders to be de¬
livered up.

Aug. 7, 1790.

Proclamation, Aug
13, 1790.

7 Stat., 35.

TREATY WITH THE CREEKS, 1790.

ascertaining their limits, and making other necessary, just and friendly
arrangements: The President of the United States, by Henry Knox,
Secretary for the Department of War, whom he hath constituted with
full powers for these purposes, by and with the advice and consent of
the Senate of the United States, and the Creek Nation, by the under¬
signed Kings, Chiefs and Warriors, representing the said nation,
have agreed to the following articles.

Article I.

shiver etuai frienf1' There shall be perpetual peace and friendship between all the citi¬
zens of the United States of America, and all the individuals, towns
and tribes of the Upper, Middle and Lower Creeks and Semanolies
composing the Creek nation of Indians.

Article II.

Indians acknowi- The undersigned Kings, Chiefs and Warriors, for themselves and
United states.Uon °f all parts of the Creek Nation within the limits of the United States,
do acknowledge themselves, and the said parts of the Creek nation, to
be under the protection of the United States of America, and of no
other sovereign whosoever; and they also stipulate that the said Creek
Nation will not hold any treaty with an individual State, or with
individuals of any State.

Article III.

Prisoners to be re- The Creek Nation shall deliver as soon as practicable to the com-
stored- manding officer of the troops of the United States, stationed at the

Rock-Landing on the Oconee river, all citizens of the United States,
white inhabitants or negroes, who are now prisoners in any part of the
said nation. And if any such prisoners or negroes should not be so
delivered, on or before the first day of J une ensuing, the governor of
Georgia may empower three persons to repair to the said nation, in
order to claim and receive such prisoners and negroes.

Article IV.

Boundaries. The boundary between the citizens of the United States and the

Creek Nation is, and shall be, from where the old line strikes the river
Savannah ; thence up the said river to a place on the most northern
branch of the same, commonly called the Keowee, where a north east
line to be drawn from the top of the Occunna mountain shall intersect;
thence along the said line in a south-west direction to Tugelo river;
thence to the top of the Currahee mountain ; thence to the head or
source of the main south branch of the Oconee river, called the Appa-
lachee; thence down the middle of the said main south branch and river
Oconee, to its confluence with the Oakmulgee, which form the river
Altamaha; and thence down the middle of the said Altamaha to the old
line on the said river, and thence along the said old line to the river
St. Mary’s.

And in order to preclude forever all disputes relatively to the head or
source of the main south branch of the river Oconee, at the place where
it shall be intersected by the line aforesaid, from the Currahee moun¬
tain, the same shall be ascertained by an able surveyor on the part of
the United States, who shall be assisted by three old citizens of Georgia,
who may be appointed by the Governor of the said state, and three old
Creek chiefs, to be appointed by the said nation; and the said surveyor,
citizens and chiefs shall assemble for this purpose, on the first day of
October, one thousand seven hundred and ninety-one, at the Rock
Landing on the said river Oconee, and thence proceed to ascertain the

TREATY WITH THE CREEKS, 1790.

said head or source of the main south branch of the said river, at the
place where it shall be intersected by the line aforesaid, to be drawn
from the Currahee mountain. And in order that the said boundary
shall be rendered distinct and well known, it shall be marked by a line
of felled trees at least twenty feet wide, and the trees chopped on each
side from the said Currahee mountain, to the head or source of the said
main south branch of the Oconee river, and thence down the margin
of the said main south branch and river Oconee for the distance of
twenty miles, or as much farther as may be necessary to mark distinctly
the said boundary. And in order to extinguish forever all claims of
the Creek nation, or any part thereof, to any of the land lying to the
northward and eastward of the boundary herein described, it is hereby
agreed, in addition to the considerations heretofore made for the said
land, that the United States will cause certain valuable Indian goods
now in the state of Georgia, to be delivered to the said Creek nation;
and the said United States will also cause the sum of one thousand and
.five hundred dollars to be paid annually to the said Creek nation. And
the undersigned Kings, Chiefs and Warriors, do hereby for themselves
and the whole Creek nation, their heirs and descendants, for the con¬
siderations above-mentioned, release, quit claim, relinquish and cede,
all the land to the northward and eastward of the boundary herein
described.

Article Y.

The United States solemnly guarantee to the Creek Nation, all their Guarantee,
lands within the limits of the United States to the westward and south¬
ward of the boundary described in the preceding article.

Article VI.

If any citizen of the United States, or other person not being an No citizen of united
Indian, shall attempt to settle on any of the Creeks lands, such person dianiands6 e onIn"
shall forfeit the protection of the United States, and the Creeks may
punish him or not, as they please.

Article VII.

No citizen or inhabitant of the United States shall attempt to hunt Nor hunt on the
or destroy the game on the Creek lands: Nor shall any such citizen same'
or inhabitant go into the Creek country, without a passport first
obtained from the Governor of some one of the United States, or the
officer of the troops of the United States commanding at the nearest
military post on the frontiers, or such other person as the President
of the United States may, from time to time, authorize to grant the
same.

Article YIII.

If any Creek Indian or Indians, or person residing among them, or Indians to deliver
who shall take refuge in their nation, shall commit a robbery or mur- upcmnma s-
der, or other capital crime, on any of the citizens or inhabitants of
the United States, the Creek nation, or town, or tribe to which such
offender or offenders may belong, shall be bound to deliver him or them
up, to be punished according to the laws of the United States.

Article IX.

If any citizen or inhabitant of the United States, or of either of the citizens of united
territorial districts of the United States, shall go into any town, settle- erimls aJSSt^indf-
ment or territory belonging to the Creek nation of Indians, and shall ans t0 be punished-
there commit any crime upon, or trespass against the person or property

TREATY WITH THE CHEROKEES, 1791.

of any peaceable and friendly Indian or Indians, which if committed
within the jurisdiction of any state, or within the jurisdiction of either
of the said districts, against a citizen or white inhabitant thereof, would
be punishable by the laws of such state or district, such offender or
offenders shall be subject to the same punishment, and shall be pro¬
ceeded against in the same manner, as if the offence had been commit¬
ted within the jurisdiction of the state or district to which he or they
may belong, against a citizen or white inhabitant thereof.

Article X.

strained! * a 1 1 ° 11 re~ In cases of violence on the persons or property of the individuals of

either party, neither retaliation nor reprisal shall be committed by the
other, until satisfaction shall have been demanded of the party, of
which the aggressor is, and shall have been refused.

Article XI.

notice ^of 8 designs The Creeks shall give notice to the citizens of the United States of

against united states, any designs, which they ma}r know or suspect to be formed in any
neighboring tribe, or by any person whatever, against the peace and
interests of the United States.

Article XII.

makeiteprfsei!tsS to That the Creek nation may be led to a greater degree of civilization,
them. and to become herdsmen and cultivators, instead of remaining in a

state of hunters, the United States will from time to time furnish gra¬
tuitously the said nation with useful domestic animals and implements
of husbandry. And further to assist the said nation in so desirable a
pursuit, and at the same time to establish a certain mode of communi¬
cation, the United States will send such, and so many persons to reside
in said nation as they may judge proper, and not exceeding four in
number, who shall qualify themselves to act as interpreters. These
persons shall have lands assigned them by the Creeks for cultivation,
for themselves and their successors in office; but they shall be pre¬
cluded exercising any kind of traffic.

Article XIII.

ceie.imosities t0 All animosities for past grievances shall henceforth cease; and the
contracting parties will carry the foregoing treaty into full execution,
with all good faith and sincerity.

Article XIV.

Ratification This treaty shall take effect and be obligatory on the contracting

parties, as soon as the same shall have been ratified by the President
of the United States, with the advice and consent of the Senate of the
United States.

TREATY WITH THE CHEROKEES, 1791.

July 2, 1791. A Treaty of Peace and Friendship made and concluded between the

7 stat., 39. President of the United States of America , on the Part and

Proclamation, Feb. Behalf of the said States , and the undersigned Chiefs and War¬
riors of the Cherokee Nation of Indians , on the Part and Behalf
of the said Nation.

The parties being desirous of establishing permanent peace and
friendship between the United States and the said Cherokee Nation, and
the citizens and members thereof, and to remove the causes of war, by

TREATY WITH THE CHEROKEES, 1791.

ascertaining their limits and making other necessary, just and friendly
arrangements: The President of the United States, by William Blount,

Governor of the territory of the United States of America, south of
the river Ohio, and Superintendant of Indian affairs for the southern
district, who is vested with full powers for these purposes, by and
with the advice and consent of the Senate of the United States: And
the Cherokee Nation, by the undersigned Chiefs and Warriors repre¬
senting the said nation, have agreed to the following articles, namely:

Article I.

There shall be perpetual peace and friendship between all the citi- pCeerptSiai Mend'
zens of the United States of America, and all the individuals compos¬
ing the whole Cherokee nation of Indians.

Article II.

The undersigned Chiefs and Warriors, for themselves and all parts edgediaprotectionOWof
of the Cherokee nation, do acknowledge themselves and the said Cher- united states,
okee nation, to be under the protection of the said United States of
America, and of no other sovereign whosoever; and they also stipu¬
late that the said Cherokee nation will not hold any treaty with any
foreign power, individual state, or with individuals of any state.

Article III.

The Cherokee nation shall deliver to the Governor of the territory stored0ners to be re"
of the United States of America, south of the river Ohio, on or before
the first day of April next, at this place, all persons who are now pris¬
oners, captured by them from any part of the United States: And the
United States shall on or before the same day, and at the same place,
restore to the Cherokees, all the prisoners dow in captivity, which the
citizens of the United States have captured from them.

Article IV.

The boundary between the citizens of the United States and the Boundaries.
Cherokee nation, is and shall be as follows: Beginning at the top of the
Currahee mountain, where the Creek line passes it; thence a direct
line to Tugelo river; thence north east to the Occunna mountain, and
over the same along the South-Carolina Indian boundary to the North-
Carolina boundary; thence north to a point from which a line is to be
extended to the river Clinch, that shall pass the Holston at the ridge
which divides the waters running into Little River from those running
into the Tennessee; thence up the river Clinch to Campbell’s line, and
along the same to the top of Cumberland mountain; thence a direct
line to the Cumberland river where the Kentucky road crosses it;
thence down the Cumberland river to a point from which a south west
line will strike the ridge which divides the waters of Cumberland from
those of Duck river, forty miles above Nashville; thence down the said
ridge to a point from whence a south west line will strike the mouth of
Duck river.

And in order to preclude forever all disputes relative to the said
boundary, the same shall be ascertained, and marked plainly by three
persons appointed on the part of the United States, and three Chero¬
kees on the part of their nation.

And in order to extinguish forever all claims of the Cherokee nation,
or any part thereof, to any of the land lying to the right of the line
above described, beginning as aforesaid at the Currahee mountain, it
is hereby agreed, that in addition to the consideration heretofore made
for the said land, the United States will cause certain valuable goods,

TREATY WITH THE CHEROKEES, 1791.

Stipulation for a
road.

United States to reg¬
ulate trade.

Guarantee.

No citizen to settle
on Indian lands.

Nor hunt on the
same.

Indians to deliver
up criminals.

Citizens of United
States committing
crimes in Indian ter¬
ritory to be punished.

to be immediately delivered to the undersigned Chiefs and Warriors,
for the use of their nation; and the said United States will also cause
the sum of one thousand dollars to be paid annually to the said Chero¬
kee nation. And the undersigned Chiefs and Warriors, do hereby for
themselves and the whole Cherokee nation, their heirs and descendants,
for the considerations above-mentioned, release, quit-claim, relinquish
and cede, all the land to the right of the line described, and beginning
as aforesaid.

Article Y.

It is stipulated and agreed, that the citizens and inhabitants of the
United States, shall have a free and unmolested use of a road from
Washington district to Mero district, and of the navigation of the Ten¬
nessee river.

Article YI.

It is agreed on the part of the Cherokees, that the United States
shall have the sole and exclusive right of regulating their trade.

Article VII.

The United States solemnty guarantee to the Cherokee nation, all
their lands not hereby ceded.

Article VIII.

If any citizen of the United States, or other person not being an
Indian, shall settle on any of the Cherokees’ lands, such person shall
forfeit the protection of the United States, and the Cherokees may
punish him or not, as they please.

Article IX.

No citizen or inhabitant of the United States, shall attempt to hunt
or destroy the game on the lands of the Cherokees; nor shall any citi¬
zen or inhabitant go into the Cherokee country, without a passport
first obtained from the Governor of some one of the United States, or
territorial districts, or such other person as the President of the United
States may from time to time authorize to grant the same.

Article X.

If any Cherokee Indian or Indians, or person residing among them,
or who shall take refuge in their nation, shall steal a horse from, or
commit a robbery or murder, or other capital crime, on any citizens or
inhabitants of the United States, the Cherokee nation shall be bound
to deliver him or them up, to be punished according to the laws of the
United States.

Article XI.

If any citizen or inhabitant of the United States, or of either of the
territorial districts of the United States, shall go into any town, settle¬
ment or territory belonging to the Cherokees, and shall there commit
any crime upon, or trespass against the person or property of any
peaceable and friendly Indian or Indians, which if committed within
the jurisdiction of any state, or within the jurisdiction of either of the
said districts, against a citizen or white inhabitant thereof, would be
punishable by the laws of such state or district, such offender or offend¬
ers, shall be subject to the same punishment, and shall be proceeded
against in the same manner as if the offence had been committed within
the jurisdiction of the state or district to which he or they may belong,
against a citizen or white inhabitant thereof.

TREATY WITH THE CHEROKEES, 1791.
Article XII.

In case of violence on the persons or property of the individuals of Retaliation restram-
either party , neither retaliation or reprisal shall be committed by the ed‘
other, until satisfaction shall have been demanded of the party of which
the aggressor is, and shall have been refused.

Article XIII.

The Cherokees shall give notice to the citizens of the United States, no<Jjierokefesdto -give
of any designs which they may know, or suspect to be formed in any against united states8
neighboring tribe, or by any person whatever, against the peace and
interest of the United States.

Article XIV.

# That the Cherokee nation may be led to a greater degree of civiliza- united states to
tion, and to become herdsmen and cultivators, instead of remaining in make presents-
a state of hunters, the United States will from time to time furnish
gratuitously the said nation with useful implements of husbandry, and
further to assist the said nation in so desirable a pursuit, and at the
same time to establish a certain mode of communication, the United
States will send such, and so many persons to reside in said nation
as they may judge proper, not exceeding four in number, who shall
qualify themselves to act as interpreters. These persons shall have
lands assigned by the Cherokees for cultivation for themselves and
their successors in office; but they shall be precluded exercising' anv
kind of traffic.

Article XV.

All animosities for past grievances shall henceforth cease, and the Animosities to
contracting parties will carry the foregoing treaty into full execution cease'
with all good faith and sincerity.

Article XVI.

This treaty shall take effect and be obligatory on the contracting Ratification,
parties, as soon as the same shall have been ratified by the President
of the United States, with the advice and consent of the Senate of the
United States.

Additional Article To the Treaty made between the United States and Feb. 17, 1792.

the Cherokees on the second day of July, one thousand seven hundred ~ ~ ' . . -

and ninety -one. •’ 2

It is hereby mutually agreed between Henry Knox, Secretary of Proclamation, Feb.
War, duly authorized thereto in behalf of the United States, on the 17’1792-
one part, and the undersigned chiefs and warriors, in behalf of them¬
selves and the Cherokee nation, on the other part, that the following
article shall be added to and considered as part of the treaty made
between the United States and the said Cherokee nation on the second
day of July, one thousand seven hundred and ninety-one; to wit:

The sum to be paid annually by the United States to the Cherokee increase of annual
nation of Indians, in consideration of the relinquishment of land as payment to Indians,
stated in the treaty made with them on the second day of July, one
thousand seven hundred and ninety-one, shall be one thousand five
hundred dollars instead of one thousand dollars, mentioned in the said
treaty.

TEE AT Y WITH THE CHEEOKEES, 1794.

TREATY WITH THE CHEROKEES, 1794.

June 26, 1794. Whereas the treaty made and concluded on Holston river, on the
second da}^ of July, one thousand seven hundred and ninety-one,
2iPi795amation’ Jan‘ between the United States of America and the Cherokee nation of
Ante, p. 22. Indians, has not been fully carried into execution by reason of some

misunderstandings which have arisen:

Article I.

Treaty of Hoiston And whereas the undersigned Henry Knox, Secretary for the depart-
bmdmg. ment of War, being authorized thereto by the President of the United

States, in behalf of the said United States, and the undersigned Chiefs
and Warriors, in their own names, and in behalf of the whole Chero¬
kee nation, are desirous of re-establishing peace and friendship between
the said parties in a permanent manner, Do hereby declare, that the
said treaty of Holston is, to all intents and purposes, in full force and
binding upon the said parties, as well in respect to the boundaries
therein mentioned as in all other respects whatever.

Article II.

markeddaries to be Tt is hereby stipulated that the boundaries mentioned in the fourth
article of the said treaty, shall be actually ascertained and marked in
the manner prescribed by the said article, whenever the Cherokee
nation shall have ninety days notice of the time and place at which
the commissioners of the United States intend to commence their
operation.

Article III.

Annual allowance The United States, to evince their justice by amply compensating
of goods. the said Cherokee nation of Indians for all relinquishments of land

made either by the treaty of Hopewell upon the Keowee river, con¬
cluded on the twenty-eighth of November, one thousand seven hundred
and eighty-five, or the aforesaid treaty made upon Holston river, on
the second of July, one thousand seven hundred and ninety-one, do
hereby stipulate, in lieu of all former sums to be paid annually to fur¬
nish the Cherokee Indians with goods suitable for their use, to the
amount of five thousand dollars yearly.

Article IV.

stolen aVsumhtorbe And the said Cherokee nation, in order to evince the sincerity of
deducted from the their intentions in future, to prevent the practice of stealing horses,
annuity. attended with the most pernicious consequences to the lives and peace

of both parties, do hereby agree, that for every horse which shall be
stolen from the white inhabitants by any Cherokee Indians, and not re¬
turned within three months, that the sum of fifty dollars shall be de¬
ducted from the said annuity of five thousand dollars.

Article Y.

additioifto^he^treaty The articles now stipulated will be considered as permanent additions
of Holston. to the treaty of Holston, as soon as they shall have been ratified by the

President of the United States and the Senate of the United States.

TREATY WITH THE SIX NATIOXS, 1794.

TREATY WITH THE SIX NATIONS, 1794.

A Treaty between the United States of America , and the Tribes of
Indians called the Six Nations .

The President of the United States having determined to hold a con¬
ference with the Six Nations of Indians, for the purpose of removing
from their minds all causes of complaint, and establishing a firm and
permanent friendship with them; and Timothy Pickering being ap¬
pointed sole agent for that purpose; and the agent having met and
conferred with the Sachems, Chiefs and Warriors of the Six Nations,
in a general council: Now, in order to accomplish the good design of
this conference, the parties have agreed on the following articles;
which, when ratified by the President, with the advice and consent of
the Senate of the United States, shall be binding on them and the Six
Nations.

Not. 11, 1794.

7 Stat., 44.
Proclamation, Jan.
21, 1795.

Article I.

Peace and friendship are hereby firmly established, and shall be per- shU*Uerri^dnl friend'
petual, between the United States and the Six Nations.

Article II.

The United States acknowledge the lands reserved to the Oneida, cu^Jtoindians8 se'
Onondaga and Cayuga Nations, in their respective treaties with the °ure ° n ians'
state of New-York, and called their reservations, to be their property;
and the United States will never claim the same, nor disturb them or
either of the Six Nations, nor their Indian friends residing thereon
and united with them, in the free use and enjoyment thereof: but the
said reservations shall remain theirs, until they choose to sell the same
to the people of the United States, who have the right to purchase.

Article III.

The land of the Seneka nation is bounded as follows: Beginning on B°un.<iaiy of lands
Lake Ontario, at the north-west corner of the land they sold to Oliver ecanition. 0 e en‘
Phelps, the line runs westerly along the lake, as far as O-yong-wong-
yeh Creek, at Johnson’s Landing-place, about four miles eastward from
the fort of Niagara; then southerly up that creek to its main fork, then
straight to the main fork of Stedman’s creek, which empties into the
river Niagara, above fort Schlosser, and then onward, from that fork,
continuing the same straight course, to that river; (this line, from the
mouth of O-yong-wong-yeh Creek to the river Niagara, above fort
Schlosser, being the eastern boundary of a strip of land, extending
from the same line to Niagara river, which the Seneka nation ceded to
the King of Great-Britain, at a treaty held about thirty years ago,
with Sir William Johnson;) then the line runs along the river Niagara
to Lake Erie; then along Lake Erie to the north-east corner of a trian¬
gular piece of land which the United States conveyed to the state of
Pennsylvania, as by the President’s patent, dated the third day of
March, 1792; then due south to the northern boundary of that state;
then due east to the south-west corner of the land sold by the Seneka
nation to Oliver Phelps; and then north and northerly, along Phelps’s
line, to the place of beginning on Lake Ontario. Now, the United
States acknowledge all the land within the aforementioned boundaries,
to be the property of the Seneka nation; and the United States will
never claim the same, nor disturb the Seneka nation, nor any of the
Six Nations, or of their Indian friends residing thereon and united
with them, in the free use and enjoyment thereof: but it shall remain
theirs, until they choose to sell the same to the people of the United
States, who have the right to purchase.

Six nations never to
claim other lands in
the United States.

Eight to make and
use a road granted.

Present and annu¬
ity.

Retaliation re¬
strained.

TREATY WITH THE SIX NATIONS, 1794.

Article IV.

The United States having thus described and acknowledged what
lands belong to the Oneidas, Onondagas, Cajugas and Senekas, and
engaged never to claim the same, nor to disturb them, or any of the
Six Nations, or their Indian friends residing thereon and united with
them, in the free use and enjoyment thereof: Now, the Six Nations,
and each of them, hereby engage that they will never claim any other
lands within the boundaries of the United States; nor ever disturb the
people of the United States in the free use and enjoyment thereof.

Article V.

The Seneka nation, all others of the Six Nations concurring, cede to
the United States the right of making a wagon road from Fort Schlos-
ser to Lake Erie, as far south as Bufl'aloe Creek; and the people of the
United States shall have the free and undisturbed use of this road, for
the purposes of travelling and transportation. And the Six Nations,
and each of them, will forever allow to the people of the United States,
a free passage through their lands, and the free use of the harbors
and rivers adjoining and within their respective tracts, of land, for the
passing and securing of vessels and boats, and liberty to land their
cargoes where necessary for their safety.

Article VI.

In consideration of the peace and friendship hereby established, and
of the engagements entered into by the Six Nations; and because the
United States desire, with humanity and kindness, to contribute to
their comfortable support; and to render the peace and friendship
hereby established, strong and perpetual; the United States now
deliver to the Six Nations, and the Indians of the other nations resid¬
ing among and united with them, a quantity of goods of the value of
ten thousand dollars. And for the same considerations, and with a
view to promote the future welfare of the Six Nations, and of their
Indian friends aforesaid, the United States will add the sum of three
thousand dollars to the one thousand five hundred dollars, heretofore
allowed them by an article ratified by the President, on the twenty-
third day of April, 1792; making in the whole, four thousand five
hundred dollars; which shall be expended yearly forever, in purchas¬
ing clothing, domestic animals, implements of husbandry, and other
utensils suited to their circumstances, and in compensating useful
artificers, who shall reside with or near them, and be employed for
their benefit. The immediate application of the whole annual allow¬
ance now stipulated, to be made by the superintendent appointed by
the President for the affairs of the Six Nations, and their Indian friends
aforesaid.

Article VII.

Lest the firm peace and friendship now established should be inter¬
rupted by the misconduct of individuals, the United States and Six
Nations agree, that for injuries done by individuals on either side, no
private revenge or retaliation shall take place; but, instead thereof,
complaint shall be made by the party injured, to the other: By the Six
Nations or any of them, to the President of the United States, or the
Superintendent by him appointed: and by the Superintendent, or other
person appointed by the President, to the principal chiefs of the Six
Nations, or of the nation to which the offender belongs: and such
prudent measures shall then be pursued as shall be necessary to pre¬
serve our peace and friendship unbroken; until the legislature (or

TREATY WITH THE ONEIDAS, ETC., 1794.

great council) of the United States shall make other equitable pro¬
vision for the purpose.

Note. It is clearly understood by the parties to this treaty, that the
annuity stipulated in the sixth article, is to be applied to the benefit of
such of the Six Nations and of their Indian friends united with them
as aforesaid, as do or shall reside within the boundaries of the United
States: For the United States do not interfere with nations, tribes or
families, of Indians elsewhere resident.

TREATY WITH THE ONEIDAS, ETC., 1794.

A. treaty between the United States and the Oneida , Tuscorora , and Dec. 2, 1794.

StocMvridge Indians , dwelling in the Country of the Oneidas . ?stat.,47.

* J Proclamation, Jan.

Whereas, in the late war between Great-Britain and the United
States of America, a body of the Oneida and Tuscorora and the Stock-
bridge Indians, adhered faithfully to the United States, and assisted
them with their warriors; and in consequence of this adherence and
assistance, the Oneidas and Tuscororas, at an unfortunate period of
the war, were driven from their homes, and their houses were burnt
and their property destroyed: And as the United States in the time of
their distress, acknowledged their obligations to these faithful friends,
and promised to reward them: and the United States being now in a
condition to fulfil the promises then made: the following articles are
stipulated by the respective parties for that purpose; to be in force
when ratified by the President and Senate.

Article I.

The United States will pay the sum of five thousand dollars, to be ut^00f°orto astdiiSo2es
distributed among individuals of the Oneida and Tuscorora nations, as and sendees88 °sses
a compensation for their individual losses and services during the late
war between Great-Britain and the United States. The only man of
the Kaughnawaugas now remaining in the Oneida country, as well as
some few very meritorious persons of the Stockbridge Indians, will be
considered in the distribution.

Article II.

For the general accommodation of these Indian nations, residing in Mills to be erected
the country of the Oneidas, the United States will cause to be erected by tbe United States-
a complete grist-mill and saw-mill, in a situation to serve the present
principal settlements of these nations. Or if such one convenient
situation cannot be found, then the United States will cause to be
erected two such grist-mills and saw-mills, in places where it is now
known the proposed accommodation may be effected. Of this the
United States will judge.

Article III.

The United States will provide, during three years after the mills viSlers t0 be pro'
shall be completed, for the expense of employing one or two suitable 6
persons to manage the mills, to keep them in repair, to instruct some
young men of the three nations in the arts of the miller and sawyer, and
to provide teams and utensils for canning on the work of the mills.

Article IV.

The United States will pay one thousand dollars, to be applied in $1,000 given to build
building a convenient church at Oneida, in the place of the one which a C urch‘
was there burnt by the enemy, in the late war.

30 TREATY WITH THE WYANDOTS, ETC., 1795.

Article Y.

consideration of the aDove stipulations to be performed on the part
of the United States, the Oneida, Tuscorora and Stockbridge Indians
afore-mentioned, now acknowledge themselves satisfied, and relinquish
all other claims of compensation and rewards for their losses and serv¬
ices in the late war. Excepting only the unsatisfied claims of such
men of the said nations as bore commissions under the United States,
for any arrears which may be due to them as officers.

TREATY WITH THE WYANDOTS, ETC., 1795.

Aug. 3, 17%. a treaty of peace between, the United States of America and the Tribes

proclamation Dec °f Indians, called the Wyandots, Delawares , Shawanoes, Ottawas ,
2, 1795. ’ Chipewas , Putawatimes , Miamis , Pel-river , WeecCs , Kickapoos ,

Piankashaws , and Kaskaskias.

To put an end to a destructive war, to settle all controversies, and to
restore harmony and a friendly intercourse between the said United
States, and Indian tribes; Anthony Wayne, major-general, command¬
ing the army of the United States, and sole commissioner for the good
purposes above-mentioned, and the said tribes of Indians, by their
Sachems, chiefs, and warriors, met together at Greeneville, the head
quarters of the said army, have agreed on the following articles, which,
when ratified by the President, with the advice ana consent of the
Senate of the United States, shall be binding on them and the said
Indian tribes.

Article I.

Peace established. Henceforth all hostilities shall cease; peace is hereby established,
and shall be perpetual; and a friendly intercourse shall take place,
between the said United States and Indian tribes.

Article II.

Prisoners on both All prisoners shall on both sides be restored. The Indians, prisoners
si es o e res or . the United States, shall be immediately set at liberty. The people
of the United States, still remaining prisoners among the Indians, shall
be delivered up in ninety days from the date hereof, to the general
or commanding officer at Greeneville, Fort Wayne or Fort Defiance;
and ten chiefs of the said tribes shall remain at Greeneville as hos¬
tages, until the delivery of the prisoners shall be effected.

Article III.

tfl Boundary line es- The general boundary line between the lands of the United States,
and the lands of the said Indian tribes, shall begin at the mouth of
Cayahoga river, and run thence up the same to the portage between
that and the Tuscarawas branch of the Muskingum; thence down that
branch to the crossing place above Fort Lawrence; thence wester ly to
a fork of that branch of the great Miami river running into the Ohio,
at or near which fork stood Loromie’s store, and where commences the
portage between the Miami of the Ohio, and St. Mary’s river, wbich is
a branch of the Miami, which runs into Lake Erie; thence a westerly
course to Fort Recovery, which stands on a branch of the Wabash;
then south-westerly in a direct line to the Ohio, so as to intersect that

TREATY WITH THE WYAKDOTS, ETC., 1795.

river opposite the mouth of Kentucke or Cuttawa river. And in con¬
sideration of the peace now established; of the goods formerly received
from the United States; of those now to be delivered, and of the yearly
delivery of goods now stipulated to be made hereafter, and to indemnify
the United States for the injuries and expenses they have sustained
during the war; the said Indian tribes do hereby cede and relinquish
forever, all their claims to the lands lying eastwardly and southwardly
of the general boundary line now described; and these lands, or any
part of them, shall never hereafter be made a cause or pretence, on
the part of the said tribes or any of them, of war or injury to the
United States, or any of the people thereof.

And for the same considerations, and as an evidence of the return- cession of particular
ing friendship of the said Indian tribes, of their confidence in the iSnsf land by the
United States, and desire to provide for their accommodation, and for
that convenient intercourse which will be beneficial to both parties,
the said Indian tribes do also cede to the United States the following
pieces of land; to- wit. (1.) One piece of land six miles square at or
near Loromie’s store before mentioned. (2.) One piece two miles
square at the head of the navigable water or landing on the St. Mary’s
river, near Girty’s town. (3.) One piece six miles square at the head
of the navigable water of the Au-Glaize river. (4.) One piece six
miles square at the confluence of the Au-Glaize and Miami rivers, where
Fort Defiance now stands. (5.) One piece six miles square at or
near the confluence of the rivers St. Mary’s and St. Joseph’s, where
Fort Wayne now stands, or near it. (6) One piece two miles square
on the Wabash river at the end of the portage from the Miami of the
lake, and about eight miles westward from Fort Wayne. (7.) One
piece six miles square at the Ouatanon or old Weea Gowns on the
Wabash river. (8.) One piece twelve miles square at the British fort
on the Miami of the lake at the foot of the rapids. (9.) One piece six
miles square at the mouth of the said river where it empties into the
Lake. (10.) One piece six miles square upon Sandusky lake, where a
fort formerly stood. (11.) One piece two miles square at the lower
rapids of Sandusky river. (12.) The post of Detroit and all the land
to the north, the west and the south of it, of which the Indian title
has been extinguished by gifts or grants to the French or English
governments; and so much more land to be annexed to the district of
Detroit as shall be comprehended between the river Rosine on the
south, lake St. Clair on the north, and a line, the general course
whereof shall be six miles distant from the west end of lake Erie, and
Detroit river. (13.) The post of Miehillimackinac, and all the land on
the island, on which that post stands, and the main land adjacent, of
which the Indian title has been extinguished by gifts or grants to the
French or English governments; and a piece of land on the main to
the north of the island, to measure six miles on lake Huron, or the
strait between lakes Huron and Michigan, and to extend three
miles back from the water of the lake or strait, and also the island
De Bois Blanc, being an extra and voluntary gift of the Chipewa
nation. (14.) One piece of land six miles square at the mouth of
Chikago river, emptying into the south-west end of Lake Michigan,
where a fort formerly stood. (15.) One piece twelve miles square at
or near the mouth of the Illinois river, emptying into the Mississippi.

(16.) One piece six miles square at the old ‘Piorias fort and village,
near the south end of the Illinois lake on said Illinois river: And
whenever the United States shall think proper to survey and mark the
boundaries of the lands hereby ceded to them, they shall give timely
notice thereof to the. said tribes of Indians, that they may appoint
some of their wise chiefs to attend and see that the lines are run ac¬
cording to the terms of this treaty.

TREATY WITH THE WYANDOTS, ETC., 1795.

inGecemin0fpiSa|ey And the said Indian tribes will allow to the people of the United
the Indians. ' States a free passage by land and by water, as one and the other shall
be found convenient, through their country, along the chain of posts
herein before mentioned; that is to say, from the commencement of
the portage aforesaid at or . near Loromie’s store, thence along said
portage to the St. Mary’s, and down the same to Fort Wayne, and
then down the Miami to lake Erie: again from the commencement of
the portage at or near Loromie’s store along the portage from thence
to the river Au-Glaize, and down the same to its junction with the
Miami at Fort Defiance: again from the commencement of the portage
aforesaid, to Sandusky river, and down the same to Sandusky bay and
lake Erie, and from Sandusky to the post which shall be taken at or
near the foot of the rapids of the Miami of the lake: and from thence
to Detroit. Again from the mouth of Chikago, to the commencement
of the portage, between that river and the Illinois, and down the Illi¬
nois river to the Mississippi, also from Fort Wayne along the portage
aforesaid which leads to the Wabash, and then down the Wabash to
the Ohio. And the said Indian tribes will also allow to the people of
the United States the free use of the harbors ana mouths of rivers
along the lakes adjoining the Indian lands, for sheltering vessels and
boats, and liberty to land their cargoes where necessary for their
safety.

Article IV.

c^taTn^ands* by consideration of the peace now established and of the cessions and
united states. 8 y relinquishments of lands made in the preceding article by the said
tribes of Indians, and to manifest the liberality of the United States,
as the great means of rendering this peace strong and perpetual; the
United States relinquish their claims to all other Indian lands north¬
ward of the river Ohio, eastward of the Mississippi, and westward
and southward of the Great Lakes and the waters uniting them, accord¬
ing to the boundary line agreed on by the United States and the king
of Great-Britain, in the treaty of peace made between them in the
year 1783. But from this relinquishment by the United States, the
Exceptions. following tracts of land, are explicitly excepted. 1st. The tract of one

hundred and fifty thousand acres near the rapids of the river Ohio,
which has been assigned to General Clark, for the use of himself and
his warriors. 2d. The post of St. Vincennes on the river Wabash,
and the lands adjacent, of which the Indian title has been extinguished.
3d. The lands at all other places in possession of the French people and
other white settlers among them, of which the Indian title has been
extinguished as mentioned in the 3d article; and 4th. The post of fort
Massac towards the mouth of the Ohio. To which several parcels of
land so excepted, the said tribes relinquish all the title and claim which
they or am^ of them may have.

to^be'made to^thein- And forthe same considerations and with the same views as above
diaiis.ma e° e n mentioned, the United States now deliver to the said Indian tribes a
quantity of goods to the value of twenty thousand dollars, the receipt
whereof they do hereby acknowledge; and henceforward every year
forever the United States will deliver at some convenient place north¬
ward of the river Ohio, like useful goods, suited to the circumstances
of the Indians, of the value of nine thousand five hundred dollars;
reckoning that value at the first cost of the goods in the city or
place in the United States, where they shall be procured. The tribes
to which those goods are to be annually delivered, and the proportions
in which they are to be delivered, are the following.

1st. To the Wyandots, the amount of one thousand dollars. 2d. To
the Delawares, the amount of one thousand dollars. 3d. To the
Shawanese, the amount of one thousand dollars. 4th. To the Miami?,

TREATY WITH THE WYAKDOTS, ETC, 1795.

the amount of one thousand dollars. 5th. To the Ottawas, the amount
of one thousand dollars. 6th. To the Chippewas, the amount of one
thousand dollars. 7th. To the Putawatimes, the amount of one thous¬
and dollars. 8th. And to the Kickapoo, Weea, Eel-river, Piankashaw
and Kaskaskias tribes, the amount of five hundred dollars each.

Provided. , That if either of the said tribes shall hereafter at an Provlso-
annual delivery of their share of the goods aforesaid, desire that a
part of their annuity should be furnished in domestic animals, imple¬
ments of husbandry, and other utensils convenient for them, and in
compensation to useful artificers who may reside with or near them,
and be employed for their benefit, the same shall at the subsequent
annual deliveries be furnished accordingly.

Article V.

To prevent any misunderstanding about the Indian lands relin- Indians have right
quished by the United States in the fourth article, it is now explicitly linquished by United
declared, that the meaning of that relinquishment is this: The Indian States>etc-
tribes who have a right to those lands, are quietly to enjoy them,
hunting, planting, and dwelling thereon so long as they please, with¬
out any molestation from the United States; but when those tribes, or
any of them, shall be disposed to sell their lands, or any part of them,
they are to be sold ’only to the United States; and until such sale, the
United States will protect all the said Indian tribes in the quiet enjoy¬
ment of their lands against all citizens of the United States, and
against all other white persons who intrude upon the same. And the
said Indian tribes again acknowledge themselves to be under the pro¬
tection of the said United States and no other power whatever.

Article VI.

If any citizen of the United States, or any other white person or Indians may expel
persons, shall presume to settle upon the lands now relinquished by lands!8 from their
the United States, such citizen or other person shall be out of the pro¬
tection of the United States; and the Indian tribe, on whose land the
settlement shall be made, may drive off the settler, or punish him in
such manner as they shall think fit; and because such settlements
made without the consent of the United States, will be injurious to
them as well as to the Indians, the United States shall be at liberty to
break them up, and remove and punish the settlers as they shall think
proper, and so effect that protection of the Indian lands herein before
stipulated.

Article VII.

The said tribes of Indians, parties to this treaty, shall be at liberty onInf*nds “ele^to
to hunt within the territory and lands which they have now ceded to unitedstatesede 0
the United States, without hindrance or molestation, so long as they
demean themselves peaceably, and offer no injury to the people of
the United States.

Article VIII.

Trade shall be opened with the said Indian tribes; and they do Trade to be opened
hereby respectively engage to afford protection to such persons, with Wlt 1 e n lans‘
their property, as shall be duly licensed to reside among them for the
purpose of trade, and to their agents and servants; but no person shall be
permitted to reside at any of their towns or hunting camps as a trader,
who is not furnished with a license for that purpose, under the hand
and seal of the superintendent of the department north-west of the

S. Doc. 452 - 3

TREATY WITH THE WYAHDOTS, ETC. , 1795.

Ohio, or such other person as the President of the United States shall
authorize to grant such licenses; to the end, that the said Indians may
not be imposed on in their trade. And if any licensed trader shall
abuse his privilege by unfair dealing, upon * complaint and proof
thereof, his license shall be taken from him, and he shall be further
punished according to the laws of the United States. And if any per¬
son shall intrude himself as a trader, without such license, the said
Indians shall take and bring him before the superintendent or his dep¬
uty, to be dealt with according to law. And to prevent impositions
by forged licenses, the said Indians shall at least once a year give
information to the superintendant or his deputies, of the names of the
traders residing among them.

Article IX.

^Retaliation restrain- Lest the firm peace and friendship now established should be inter¬

rupted by the misconduct of individuals, the United States, and the
said Indian tribes agree, that for injuries done by individuals on
either side, no private revenge or retaliation shall take place; but
instead thereof, complaint shall be made by the party injured, to the
other: By the said Indian tribes, or any of them, to the President of
the United States, or the superintendent by him appointed; and by
the superintendent or other person appointed by the President, to the
principal chiefs of the said Indian tribes, or of the tribe to which the
offender belongs; and such prudent measures shall then be pursued
as shall be necessary to preserve the said peace and friendship
unbroken, until the Legislature (or Great Council) of the United
States, shall make other equitable provision in the case, to the satis-

tieeSdSiSiSgliSst faction of both parties. Should any Indian tribes meditate a war

United States. against the United States or either of them, and the same shall come
to the knowledge of the before-mentioned tribes, or either of them,
they do hereby engage to give immediate notice thereof to the general
or officer commanding the troops of the United States, at the nearest
post. And should any tribe, with hostile intentions against the United
States, or either of them, attempt to pass through their country, they
will endeavor to prevent the same, and in like manner give informa¬
tion of such attempt, to the general or officer commanding, as soon as
possible, that all causes of mistrust and suspicion may be avoided
between them and the United States. In like manner the United
States shall give notice to the said Indian tribes of any harm that may
be meditated against them, or either of them, that shall come to their
knowledge; and do all in their power to hinder and prevent the same,
that the friendship be ween them may be uninterrupted.

Article X.

farmer treaties All other treaties heretofore made between the United States and
the said Indian tribes, or any of them, since the treaty of 1783, between
the United States and Great Britain, that come within the purview of
this treaty, shall henceforth cease and become void.

TREATY WITH THE SEVEN NATIONS OF CANADA, 1796.

At a treaty held at the city of New York, with the Nations or
Tribes of Indians, denominating themselves the Seven Nations of
Canada / Abraham. Ogden , Commissioner , appointed under the au¬
thority of the United States , to hold the Treaty / Ohnaweio , alias
Goodstream , Teharagwanegen , alias Thomas Williams , two Chiefs of
the Caghnawagas ; Atiatoharongwan , alias Colonel Lewis Cook , «
Chief of the St. Regis Indians , and William Gray , Deputies , author¬
ized to represent these Seven Nations or Tribes of Indians at the
Treaty , and Mr. Gray, serving also as Interpreter ; Egbert Benson ,
Richard Yarick and James Watson , Agents for the State of New-
York / William Constable and Daniel McCormick, Purchasers
under Alexander Macomb :

The agents for the state, having, in the presence, and with the appro¬
bation of the commissioner, proposed to the deputies for the Indians,
the compensation hereinafter mentioned, for the extinguishment of
their claim to all lands within the state, and the said deputies being
willing to accept the same, it is thereupon granted, agreed and con¬
cluded between the said deputies and the said agents, as follows: The
said deputies do, for and in the name of the said Seven Nations or
tribes of Indians, cede, release and quit claim to the people of the state
of New-York, forever, all the claim, right, or title of them, the said
Seven Nations or tribes of Indians, to lands within the said state:
Provided nevertheless, That the tract equal to six miles square, reserved
in the sale made by the commissioners of the land-office of the said
state, to Alexander Macomb, to be applied to the use of the Indians of
the village of St. Regis, shall still remain so reserved. The said agents
do, for, and in the name of the people of the state of New-York, grant
to the said Seven Nations or tribes of Indians, that the people of the
state of New-York shall pay to them, at the mouth of the river Chazy,
on Lake Champlain, on the third Monday in August next, the sum of
one thousand two hundred and thirty-three pounds, six shillings and
eight-pence, and the further sum of two hundred and thirteen pounds
six shillings and eight-pence, lawful money of the said state, and on
the third Monday in August, yearly, forever thereafter, the like sum of
two hundred and thirteen pounds six shillings and eight-pence: Pro¬
vided nevertheless. That the people of the state of New-York shall not
be held to pay the said sums, unless in respect to the two sums to be
paid on the third Monday in August next, at least twenty, and in respect
to the said yearly sum to be paid thereafter, at least five of the principal
men of the said Seven Nations or tribes of Indians, shall attend as
deputies to receive and to give receipts for the same: The said deputies
having suggested, that the Indians of the village of St. Regis have built a
mill on Salmon river, and another on Grass river, and that the meadows
on Grass river are necessary to them for hay; in order, therefore, to
secure to the Indians of the said village, the use of the said mills and
meadows, in case they should hereafter appear not to be included within
the above tract so to remain reserved; it is, therefore, also agreed and
concluded between the said deputies, the said agents, and the said
William Constable and Daniel M4Cormick, for themselves and their
associates, purchasers under the said Alexander Macomb, of the adja¬
cent lands, that there shall be reserved, to be applied to the use of the
Indians of the said village of St. Regis, in like manner as the said tract
is to remain reserved, a tract of one mile square, at each of the said
mills, and the meadows on both sides of the said Grass river from the
said mill thereon, to its confluence with the river St. Lawrence.

May 31, 1796.

7 Stat., 55.

Proclamation, Jan.
31, 1797.

Cession of lands to
State of New York.

Consideration paid
therefor.

Indian reserve.

TREATY WITH THE CREEKS, 1796.

June 29, 1796.

7 Stat., 56.
Proclamation. Mar.
18,1797.

.4 treaty of peace and friendship made and concluded betioeen the
President of the United States of America, on the one Part , and
Behalf of the said States , and the undersigned Pings, Chiefs a/nd
Warriors of the Creek Pat ion of Indians , on the Part o f the said
Potion . («*)

The partis being desirous of establishing permanent peace and
SffiKoteasstal' tnen?ship between the United States and the said Creek nation, and
the citizens and members thereof ; and to remove the causes of war, by
ascertaining their limits, and making other necessary, just and friendly
arrangements; the President of the United States, "by Benjamin Haw¬
kins, George Clymer, and Andrew Pickens, Commissioners whom he
hath constituted with powers for these purposes, by and with the
advice and consent of the Senate; and the Creek Nation of Indians,
by the undersigned Kings, Chiefs and Warriors, representing the
whole Creek Nation, have agreed to the following articles:

Article I.

at New York The Treaty entered into, at New- York, between the parties on the

7th day of August, 1790, is, and shall remain obligatory on the contract¬
ing parties, according to the terms of it, except as herein provided for.

Article II.

Boundary line. The boundary line from the Currahee mountain, to the head, or

source of the main south branch of the Oconee river, called, by the
white people, Appalatchee, and by the Indians, Tulapocka, and down
the middle of the same, shall be clearly ascertained, and marked, at
such time, and in such mauner, as the President shall direct. And the
Indians will, on being informed of the determination of the President,
send as many of their old chiefs, as he may require, to see the line
ascertained and marked.

Article IH. (a)

President may es¬
tablish a trading or
military i>ost

The President of the United States of America shall have full powers,
whenever he may deem it advisable, to establish a trading or military
post on the south side of the Alatamaha, on the bluff, about one mile
above Beard's bluff: or any where from thence down the said river on
the lands of the Indians, to garrison the same with any part of the mili¬
tary force of the United States, to protect the posts, and to prevent the
violation of any of the provisions or regulations subsisting between the
parties: And the Indians do hereby annex to the post aforesaid, a tract

(«) This treaty was ratified by the President and the Senate of the United States
on condition that the third and fourth articles should be modified as follows:

The Senate of the United States, two-thirds of the Senators present concurring,
did, by their resolution of the second day of March instant, "consent to, and advise
the President of the United States, to ratify the Treaty of Peace and Friendship, made
and concluded at Coleraine, in the state of Georgia, bn the 29th June, 1796, between
the President of the United States of America, on the part and behalf of the said
State, and the Kings, Chiefs and Warriors of the Creek nation of Indians, on the
part of the said nation: Provided, and on condition, that nothing in the third and
fourth articles of the said treaty, expressed in the words following, ‘Article 3d, The
President of the United State of America shall have full powers, whenever he mav
deem it advisable, to establish a trading or military post on the south side of the
Altamaha, on the bluff, about one mile above Beard’s bluff; or any where from
thence down the said river on the lands of the Indians, to garrison the same with
any part of the military force of the United States, to protect the post, and to prevent
the violation of any of the provisions or regulations subsisting between the parties:
And the Indians do hereby annex to the post aforesaid, a tract of land of five miles
square, bordering one side on the river, which post and the lands annexed thereto,
are hereby ceded to, and shall be to the use, and under the government of the United
States of America.

TREATY WITH THE CREEKS, 1796.

of land of five miles square, bordering one side on the river; which post
and the lands annexed thereto, are hereby ceded to, and shall be to the
use, and under the government of the United States of America.

Article IV. ( a )

As soon as the President of the United States has determined on the LlQe to be run-
time and manner of running the line from the Currahee mountain, to
the head or source of the main south branch of the Oconee, and notified
the chiefs of the Creek land of the same, a suitable number of persons
on their part shall attend to see the same completed: And if the Presi¬
dent should deem it proper, then to fix on any place or places adjoining
the river, and on the Indian lands for military or trading posts; the poItetobeeSSedy
Creeks who attend there, will concur in fixing the same, according to
the wishes of the President. And to each post, the Indians shall annex
a tract of land of five miles square, bordering one side on the river.

And the said lands shall be to the use and under the government of the
United States of America. Provided always , that whenever any of the
trading or military posts mentioned in this treaty, shall, in the opinion
of the President of the United States of America, be no longer neces-
nary for the purposes intended by this cession, the same shall revert to,
and become a part of the Indian lands.

Article V.

Whenever the President of the United States of America, and the rUnSng the S with
king of Spain, may deem it advisable to mark the boundaries which Spain,
separate their territories, the President shall give notice thereof to the
Creek chiefs, who will furnish two principal chiefs, and twenty hunters
to accompany the persons employed on this business, as hunters and
guides from the Chocktaw country, to the head of St. Mary’s. The
chiefs shall receive each half a dollar per day, and the hunters one
quarter of a dollar each per day, and ammunition, and a reasonable
value for the meat delivered by them for the use of the persons on this
service.

Article VI.

The Treaties of Hopewell, between the United States and the Chock- Boundary line with
taws and Chickasaws, and at Holston between the Cherokees and the choctaws and chicka-
United States, mark the boundaries of those tribes of Indians. And saws'
the Creek nation do hereby relinquish all claimjs to any part of the
territory inhabited or claimed by the citizens of the United States, in
conformity with the said treaties.

“Art. 4th, as soon as the President of the United States has determined on the
time and manner of running the line from the Currahee mountain, to the head or
source of the main south branch of the Oconnee, and notified the Chiefs of the
Creek land of the same, a suitable number of persons on their part shall attend, to
seethe same completed: And if the President should deem it proper, then to fix
on any place or places adjoining the river, and on the Indian lands for military or
trading posts: the Creeks who attend there, will concur in fixing the same, according
to the wishes of the President. And to each post, the Indians shall annex a tract of
land of five miles square, bordering one side on the river. And the said lands shall
be to the use and under the government of the United States of America. Provided
always, that whenever any of the trading or military posts mentioned in this treaty,
shall, in the opinion of the President of the United States of America, be no longer
necessary for the purposes intended by this cession, the same shall revert to,. and
become a part of the Indian lands,’ shall be construed to affect any claim of the state
of Georgia, to the right of preemption in the land therein set apart for military or
trading posts; or to give to the United States without the consent of the said state,
any right to the soil, or to the exclusive legislation over the same, or any other right than
that of establishing, maintaining, and exclusively governing military and trading
posts within the Indian territory mentioned in the said articles, as long as the frontier
of Georgia may require these establishments.”

(«) See note at the beginning of the treaty.

Prisoners to begiren
up.

^ f^eseuts to the In

Animosities to cease.

When to take effect.

Mar. 29, 1797.

7 Stat., ®L
Proclamation. Apr.
27, im

TREATY WITH THE MOHAWKS, 1797.

Article VII .

The Creek nation shall deliver, as soon as practicable, to the super¬
intendent of ludian affairs, at such place as he may direct, all citizens
of the I nited States; white inhabitants and negroes who are now pris¬
oners in any part of the said nation, agreeably to the treaty at New-
lork. and also all citizens, white inhabitants, negroes and property
taken since the signiug of that treaty. And if any such prisoners,
negroes or property should not be delivered, on or before the first day
of January next, the governor of Georgia may empower three persons
to repair to the said nation, in order to claim and receive such prisoners,
negroes and property, under the direction of the President of the
United States.

Article VIII.

In consideration of the friendly disposition of the Creek nation
towards the government of the United States, evidenced by the stipu¬
lations in the present treaty, and particularly the leaving it in the dis¬
cretion of the President to establish trading or military posts on their
lands; the commissioners of the United States, on belialf of the said
states, give to the said nation, goods to the value of six thousand
dollars, and stipulate to send to the Indian nation, two blacksmiths,
with strikers, to be employed for the upper and lower Creeks with
the necessary tools.

Article IX.

All animosities for past grievances shall henceforth cease, and the
contracting parties will carry the foregoing treaty into full execution
with all good faith and sincerity. Provided nevertheless, That persons
now under arrest, in the state of Georgia, for a violation of the treaty
at New- York, are not to be included in this amnesty, but are to abide
the decision of law.

Article X.

This treaty shall take effect and be obligatory on the cont 'acting
parti#, as soon as the same shall have been ratified by the President
of the United States, by and with the advise and consent of the senate.

TREATY WITH THE MOHAWKS, 1797,

Pel i nq it ishment to Sew York, % the Mohawk nation of Indians, under
the sanction of the Un ited States of America , of all claim to lands
in that state.

At a treaty held under the authority of the United States, with the
Mohawk nation of Indians, residing in the province of Upper Canada,
within the dominions of the king of Great Britain, present, the hon¬
orable Isaac Smith, commissioner appointed bv the United States to
hold this treaty; Abraham Ten Broeck. Egbert Benson, and Ezra
L'Hommedieu, agents for the state of New York; captain Joseph
Brandt, and captain John Deserontyon, two of the said Indians and
deputies, to represent the said nation at this treaty.

The said agents having, in the presence, and with the approbation
of the said commissioner, proposed to and adjusted with the said dep¬
uties, the compensation as hereinafter mentioned to be made to the
said nation, for their claim, to be extinguished by this treaty, to all
lands within the said state; it is thereupon finally agreed and done,

TREATY WITH THE CHEROKEES, 1798.

between the said agents, and the said deputies, as follows, that is to
say : the said agents do agree to pay to the said deputies, the sum of
one thousand dollars, for the use of the said nation, to be by the said
deputies paid over to, and distributed among, the persons and families
of the said nation, according to their usages. The sum of five hundred
dollars, for the expenses of the said deputies, during the time they
have attended this treaty: and the sum of one hundred dollars, for
their expenses in returning, and for combing the said sum of one
thousand dollars, to where the said nation resides. And the said
agents do accordingly , for and in the name of the people of the state
of New 1 ork, pay the said three several sums to the said deputies, in
the presence of the said commissioner. And the said deputies do agree
to cede and release, and these presents witness, that they accordingly
do, for and in the name of the said nation, in consideration of the said
compensation, cede and release to the people of the state of New York,
forever, all the right or title of the said nation to lands within the
said state: and the claim of the said nation to lands within the said
state, is hereby wholly and finally extinguished.

TREATY WITH THE CHEROKEES, 1798.

Articles of a Treaty between the United States of America , and the

Cherokee Indians.

W hereas, the treaty made and concluded on Holston River, on the
second day of J uly, in the year one thousand seven hundred and ninety-
one, between the United States of America, and the Cherokee nation
of Indians, had not been carried into execution, for some time there¬
after, by reason of some misunderstandings which had arisen: — And
wJtrreas, in order to remove such misunderstandings, and to provide
for carrying the said treaty into effect, and for re-establishing more
fully the peace and friendship between the parties, another treaty was
held, made and concluded by and between them, at Philadelphia, the
twenty-sixth day of June, in the year one thousand seven hundred and
ninety-four: In which, among other things, it was stipulated, that the
boundaries mentioned in the fourth article of the said treaty of Holston,
should be actually ascertained and marked, in the manner prescribed
by the said article, whenever the Cherokee nation should have ninetv
days’ notice of the time and place at which the commissioners of the
United States intended to commence their operation: And whereas
further delays in carrying the said fourth article into complete effect
did take place, so that the boundaries mentioned and described therein,
were not regularly ascertained and marked, until the latter part of the
year, one thousand seven hundred and ninety-seven: before which
time, and for want of knowing the direct course of the said boundary,
divers settlements were made, by divers citizens of the United States’
upon the Indian lands over and beyond the boundaries so mentioned
and described in the said article, and contrary to the intention of the
said treaties: but which settlers were removed from the said Indian
lands, by authority of the United States, as soon after the boundaries
had been so lawfully ascertained and marked as the nature of the case
had admitted: And whereas , for the purpose of doing justice to the
Cherokee nation of Indians, and remedying inconveniences arising to
citizens of the United States from the adjustment of the boundary line
between the lands of the Cherokees and those of the United States, or
the citizens thereof, or from any other cause in relation to the Chero¬
kees; and in order to promote the interests and safety of the said states
and the citizens thereof, the President of the United States, by and
with the advice and consent of the Senate thereof, hath appointed

Agents of New York
pay to the Mohawk
deputies $1,000 and
their expenses.

The Mohawks cede
all right, etc., forever.

Oet. 2, 1798.

7 Stat., 62.

Preamble.

TREATY WITH THE CHEROKEES, 1798.

Peace and Mend-
ship perpetual.

Subsisting treaties
to operate.

limits to remain the
same, etc.

Cession of territory.

Commissioners for
running the line of
the cession.

George Walton, of Georgia, and the President of the United States
hath also appointed Lieutenant-Colonel Thomas Butler, commanding
the troops of the United States, in the state of Tennessee, to be com¬
missioners for the purpose aforesaid: And who, on the part of the
United States, and the Cherokee nation, by the undersigned chiefs and
warriors, representing the said nation, have agreed to the following
articles, namely:

Article I.

The peace and friendship subsisting between the United States and
the Cherokee people, are hereby renewed, continued, and declared
perpetual.

Article II.

The treaties subsisting between the present contracting parties, are
acknowledged to be of full and operating force; together with the con¬
struction and usage under their respective articles, and so to continue.

Article III.

The limits and boundaries of the Cherokee nation, as stipulated and
marked by the existing treaties between the parties, shall be and remain
the same, where not altered by the present treaty.

Article IV.

In acknowledgement for the protection of the United States, and for
the considerations hereinafter expressed and contained, the Cherokee
nation agree, and do hereby relinquish and cede to the United States,
all the lands within the following points and lines, viz. From a point
on the Tennessee river, below Tellico block-house, called the Wild-cat
Rock, in a direct line to the Militia spring, near the Mary -vi lie road
leading from Tellico. From the said spring to the Chill-howie moun¬
tain, by a line so to be run. as will leave all the farms on Nine-mile
Creek to the northward and eastward of it; and to be continued along
Chill-howie mountain, until it strikes Hawkins’s line. Thence along
the said line to the great Iron mountain; and from the top of which a
line to be continued in a southeastwardly course to where the most
southwardly branch of Little river crosses the divisional line to Tugga-
loe river: From the place of beginning, the Wild-cat Rock, down the
northeast margin of the Tennessee river (not including islands) to a
point or place one mile above the junction of that river with the Clinch,
and from thence by a liue to be drawn in a right angle, until it inter¬
sects Hawkins's line leading from Clinch. Thence down the said line
to the river Clinch*, thence up the said river to its junction with
Emmery’s river; and thence up Emmery’s river to the foot of Cum¬
berland mountain. From thence a line to be drawn, northeastwardly,
along the foot of the mountain, until it intersects with Campbell’s line.

Article V.

To prevent all future misunderstanding about the line described in
the foregoing article, two commissioners shall be appointed to superin¬
tend the running and marking the same, where not ascertained by the
rivers, immediately after signing this treaty; one to be appointed by
the commissioners of the United States, and the other by the Cherokee
nation; and who shall cause three maps or charts thereof to be made
out; one whereof shall be transmitted and deposited in the war office
of the United States; anothei with the executive of the state of Ten¬
nessee, and the third with the Cherokee nation, which said line shall
form a part of the boundary between the United States and the Cher¬
okee nation.

TREATY WITH THE CHICKASAWS, 1801.
Article VI.

In consideration of the relinquishment and cession hereby made, the consideration for
L nited States upon signing the present treaty, shall cause to be delivered e rea y
to the Cherokees, goods, wares and merchandise, to the amount of five
thousand dollars, and shall cause to be delivered, annually, other goods,
to the amount of one thousand dollars, in addition to the annuity
already provided for; and will continue the guarantee of the remainder
of their country for ever, as made and contained in former treaties.

Article VII.

The Cherokee nation agree, that the Kentuckj^ road, running between Kentucky road to be
the Cumberland mountain and the Cumberland river, where the same keptopen-
shall pass through the Indian land, shall be an open and free road for
the use of the citizens of the United States in like manner as the road
from Southwest point to Cumberland river. In consideration of which
it is hereby agreed on the part of the United States, that until settle¬
ments shall make it improper, the Cherokee hunters shall be at liberty I?di5ns may bunt
to hunt and take game upon the lands relinquished and ceded- by this °n an sre mquis e ’
treaty.

Article VIII.

Due notice shall be given to the principal towns of the Cherokees, .Notice of time for
of the time proposed for delivering the annual stipends; and- sufficient etc. rmg annmies’
supplies of provisions shall be furnished, by and at the expense of the
United States, to subsist such reasonable number that may be sent, or
shall attend to receive them during a reasonable time.

Article IX.

It is mutually agreed between the parties, that horses stolen and not Worses stolen to be
returned within ninety days, shall be paid for at the rate of sixty dollars P
each; if stolen by a white man, citizen of the United States, the Indian
proprietor shall be paid in cash; and if stolen by an Indian from a citizen,
to be deducted as expressed in the fourth article of the treaty of Phila¬
delphia. — This article shall have retrospect to the commencement of
the first conferences at this place in the present year, and no further.

And all animosities, aggressions, thefts and plunderings, prior to that Obimonof pastag-
day shall cease, and be no longer remembered or demanded on either gressions'
side.

Article X.

The Cherokee nation agree, that the agent who shall be appointed to The Cherokee agent
reside among them from time to time, shall have a sufficient piece of groS® a piece of
ground allotted for his temporary use.

And lastly, This treaty, and the several articles it contains, shall be
considered as additional to, and forming a part of, treaties already sub¬
sisting between the United States and the Cherokee nation, and shall
be carried into effect on both sides, with all good faith as soon as the
same shall be approved and ratified by the President of the United
States, and the Senate thereof.

TREATY WITH THE CHICKASAWS, 1801.

A treaty , of reciprocal advantages and mutual convenience between the °ct. 24> 1801-
United States of America and the Chickasaws. rstat., 65.

Proclamation, May

The President of the United States of America, by James Wilkin- Consent of senate
son brigadier general in the service of the United States, Benjamin May 1802-
Hawkins of North Carolina, and Andrew Pickens of South Carolina

TREATY WITH THE CHOCTAWS, 1801.

Right to make a
road, etc., granted to
United States.

Present of goods to
Indians.

Treaty, when to
take effect.

Dec. 17, 1801.

7 Stat., 66.

Proclamation, May
4, 1802.

Ratified April 30,
1802.

Peace and friend¬
ship.

commissioners of the United States, who are vested with full powers,
and the Mingco, principal men and warriors of the Chickasaw nation,
representing the said nation, have agreed to the following articles.

Art. I. The Mingco, principal men and warriors of the Chickasaw
nation of Indians, give leave and permission to the President of the
United States of America, to lay out, open and make a convenient
wagon road through their land between the settlements of Mero
District in the state of Tennessee, and those of Natchez in the Missis¬
sippi Territory, in such way and manner as he may deem proper; and
the same shall be a high way for the citizens of the United States, and
the Chickasaws. The Chickasaws shall appoint two discreet men to
serve as assistants, guides or pilots, during the time of laying out and
opening the road, under the direction of the officer charged with that
duty, who shall have a reasonable compensation for their service: Pro¬
vided always, that the necessary ferries over the water courses crossed
by the said road shall be held and deemed to be the property of the
Chickasaw nation.

Art. II. The commissioners of the United States give to the Mingco
of the Chickasaws, and the deputation of that nation, goods to the
value of seven hundred dollars, to compensate him and them and their
attendants for the expense and inconvenience they may have sustained
by their respectful and friendly attention to the President of the United
States of America, and to the request made to them in his name to per¬
mit the opening of the road. And as the persons, towns, villages,
lands, hunting grounds, and other rights and property of the Chick¬
asaws, as set forth in the treaties or stipulations heretofore entered
into between the contracting parties, more especially in and by a cer¬
tificate of the President of the United States of America, under their
seal of the first of July 1794, are in the peace and under the protec¬
tion of the United States, the commissioners of the United States do
hereby further agree, that the President of the United States of
America, shall take such measures from time to time, as he may deem
proper, to assist the Chickasaws to preserve entire all their rights
against the encroachments of unjust neighbors, of which he shall be
the judge, and also to preserve and perpetuate friendship and brother¬
hood between the white people and the Chickasaws.

Art. III. The commissioners of the United States may, if they deem
it advisable, proceed immediately to carry the first article into opera¬
tion; and the treaty shall take effect and be obligatory on the contract¬
ing parties, as soon as the same shall have been ratified by the President
of the United States of America, by and with the advice and consent
of the Senate of the United States.

TREATY WITH THE CHOCTAWS, 1801.

A treaty of friendship, limits and accommodation between the United
States of America and the Choctaw nation of India?is.

Thomas Jefferson, President of the United States of America, by
James Wilkinson, of the state of Maryland, Brigadier-General in the
army of the United States, Benjamin Hawkins, of North Carolina, and
Andrew Pickens, of South Carolina, commissioners plenipotentiary of
the United States on the one part, and the Mingos, principal men and
warriors of the Chactaw nation, representing the said nation in council
assembled, on the other part, have entered into the following articles
and conditions, viz:

Art. I. Whereas the United States in Congress assembled, did by
their commissioners Plenipotentiary, Benjamin Hawkins, Andrew
Pickens, and Joseph Martin, at a treaty held with the chiefs and head
men of the Chactaw nation at Hopewell, on the Keowe, the third day
of January, in the year of our Lord, one thousand seven hundred and

TREATY WITH THE CHOCTAWS, 1801.

eighty-six, give peace to the said nation, and receive it into the favor
and protection of the United States of America; it is agreed by the
parties to these presents respectively, that the Chactaw nation, or such
part of it as may reside within the limits of the United States, shall
be and continue under the care and protection of the said States; and
that the mutual confidence and friendship which are hereby acknowl¬
edged to subsist between the contracting parties shall be maintained
and perpetuated.

Art. II. The Mingos principal men and warriors of the Chactaw
nation of Indians, do hereby give their free consent, that a convenient
and durable wagon way may be explored, marked, opened and made
under the orders and instructions of the President of the United States,
through their lands to commence at the northern extremity of the set¬
tlements of the Mississippi Territory, and to be extended from thence,
by such route as may be selected and surveyed under the authority of
the President of the United States, until it shall strike the lands claimed
by the Chickasaw nation; and the same shall be and continue for ever,
a high- way for the citizens of the United States and theChactaws; and
the said Chactaws shall nominate two discreet men from their nation,
who may be employed as assistants, guides or pilots, during the time of
laying out and opening the said high- way, or so long as may be deemed
expedient, under the direction of the officer charged with this duty, who
shall receive a reasonable compensation for their services.

Art. III. The two contracting parties covenant and agree that the
old line of demarkation heretofore established by and between the
officers of his Britannic Majesty and the Chactaw nation, which runs
in a parallel direction with the Mississippi river and eastward thereof,
shall be retraced and plainly marked, in such way and manner as the
President may direct, in the presence of two persons to be appointed by
the said nation; and that the said line shall be the boundary between
the settlements of the Mississippi Territory and the Chactaw nation.
And the said nation does by these presents relinquish to the United
States and quit claim for ever, all their right, title and pretension to the
land lying between the said line and the Mississippi river, bounded
south by the thirty -first degree of north latitude, and north by the Yazoo
river, where the said line shall strike the same; and on the part of the
commissioners it is agreed, that all persons who may be settled beyond
this line, shall be removed within it, on the side towards the Mississippi,
together with their slaves, household furniture, tools, materials and
stock, and that the cabins or houses erected by such persons shall be
demolished

Art. IY. The President of the United States may, at his discretion,
proceed to execute the second article of this treaty; and the third arti¬
cle shall be carried into effect as soon as may be convenient to the gov¬
ernment of the United States, and without unnecessary delay on the
one part or the other, of which the President shall be the judge; the
Chactaws to be seasonably advised, by order of the President of the
United States, of the time when, and the place where, the re-survey and
re-marking of the old line referred to in the preceding article, will be
commenced.

Art. Y. The commissioners of the United States, for and in consid¬
eration of the foregoing concessions on the part of the Chactaw nation,
and in full satisfaction for the same, do give and deliver to the Mingos,
chiefs and warriors of the said nation, at the signing of these presents,
the value of two thousand dollars in goods and merchandise, net cost
of Philadelphia, the receipt whereof is hereby acknowledged; and they
further engage to give three sets of blacksmith’s tools to the said
nation.

Art. YI. This treaty shall take effect and be obligatory on the con¬
tracting parties, so soon as the same shall be ratified by the President
of the United States of America, by and with the advice and consent
of the Senate thereof.

A wagon way to be
made through Indian
lands.

Boundary.

Indians to be noti¬
fied of the time, etc.,
of resuryey.

$2,000 delivered to
the Indians, etc.

Treaty, when to
take effect.

June 16, 1802.

7 Stat.. 6S.
Proclamation, Jan.
11,1803.

Ceeession of terri¬
tory to United States.

Considerarion for
the foregoing conces¬
sion.

TREATY WITH THE CREEKS, 1802.

A Treaty of Limits between the United States of America and the Creek
Nation of Indians.

Thomas Jefferson, President of the United States of America, by
James Wilkinson, of the state of Maryland. Brigadier General in the
army of the United States, Benjamin Hawkins, of North-Carolina, and
Andrew Pickens of South-Carolina, Commissioners Plenipotentiary of
the United States, on the one part, and the Kings, Chiefs, Head Men
and Warriors of the Creek Nation, in council assembled, on the other
part, have entered into the following articles and conditions, viz.

Article I. The Kings, Chiefs, Head men and Warriors of the Creek
nation, in behalf of the said nation, do by these presents cede to the
United States of America, all that tract and tracts of land, situate, lying
and being within and between the following bounds, and the lines and
limits of the extinguished claims of the said nation, heretofore ascer¬
tained and established by treaty. That is to say — beginning at the
upper extremity of the high shoals of the Appalachee river, the same
being a branch of the Oconee river, and on the southern bank of the
same — running thence a direct course to a noted ford of the south
branch of Little river, called by the Indians Chat-to-chuc-co hat-chee —
thence a direct line to the main branch of Commissioners’ creek, where
the same is intersected by the path leading from the rock-landing to the
Ocmulgee Old Towns, thence a direct line to Palmetto Creek, where
the same is intersected by the Uchee path, leading from the Oconee to
the Ocmulgee river — thence down the middle waters of the said Creek
to Oconee river, and with the western bank of the same to its junction
with the Ocmulgee river, thence across the Ocmulgee river to the south
bank of the Altamaha river, and down the same at low water mark to
the lower bank of Goose Creek, and from thence by a direct line to the
Mounts, on the Margin of the Okefinocau swamp, raised and established
by the commissioners of the United States and Spain at the head of
the St. Mary’s river; thence down the middle waters of the said river,
to the point where the old line of demarkation strikes the same, thence
with the said old line to the Altamaha river, and up the same to Goose
Creek: and the said Kings, Chiefs, Head men and Warriors, do relin¬
quish and quit claim to the United States all their right, title, interest
and pretensions, in and to the tract and tracts of land within and
between the bounds and limits aforesaid, for ever.

Art. H. The commissioners of the United States, for and in consid
eration of the foregoing concession on the part of the Creek nation,
and in full satisfaction for the same do hereby covenant and agree with
the said nation, in behalf of the United States, that the said states shall
pay to the said nation, annually, and every year, the sum of three thou¬
sand dollars, and one thousand dollars for the term of ten years, to the
chiefs who administer the government, agreeably to a certificate under
the hands and seals of the commissioners of the United States, of this
date, and also twenty -five thousand dollars in the manner and form fol¬
lowing, viz. Ten thousand dollars in goods and merchandise, the receipt
of which is hereby acknowledged; ten thousand dollars to satisfy cer¬
tain debts due from Indians and white persons of the Creek country to
the factory of the United States; the said debts, after the payment afore¬
said, to become the right and property of the Creek nation, and to be
recovered for their use in such way and manner as the President of the
United States may think proper to direct; five thousand dollars to sat¬
isfy claims for property taken by individuals of the said nation, from
the citizens of the United States, subsequent to the treaty of Colerain,
which has been or may be claimed and established agreeably to the pro¬
visions of the act for regulating trade and intercourse with the Indian
tribes, and to preserve peace on the frontiers. And it is further agreed

TREATY WITH THE SENECAS, 1802.

that the United States shall furnish to the said nation two sets of black¬
smiths tools, and men to work them, for the term of three years.

Art. III. It is agreed by the contracting parties, that the garrison or
garrisons which may be found necessary for the protection of the fron¬
tiers, shall be established upon the land of the Indians, at such place or
places as the President of the United States may think proper to direct,
in the manner and on the terms established by the treaty of Colerain.

Art. IY. The contracting parties to these presents, do agree that
this treaty shall become obligatory and of full effect so soon as the same
shall be ratified by the President of the United States of America, by
and with the advice and consent of the Senate thereof.

TREATY WITH THE SENECAS, 1802.

This Indenture , made the thirtieth day of June, in the year of our Lord
one thousand eight hundred and two, between the sachems. Chiefs,
and Warriors of the Seneca nation of Indians, of the first pa/t't, and
Wilhem Willink, Pieter Van Peg hen, Hendrik Vollenhoven , W.
Willink the younger, I. Willink the younger (son of Jan) Jan Gabriel
Van Staphorst, Roelof'Van Staphorst, the younger, Cornelis Vollen¬
hoven, and Hendrik Seye, all of the city of Amsterdam, and republic
of Batavia, by Joseph Pllicott, esquire , their agent and attorney, of
the second part.

Whereas at a treaty held under the authority of the United States
with the said Seneca nation of Indians, at Buffalo creek, in the county
of Ontario, and state of New -York, on the day of the date of these
presents, by the honorable John Taylor, esquire, a commissioner
appointed by the President of the United States to hold the same, in
pursuance of the constitution, and of the act of the Congress of the
United States, in such case made and provided, a convention was
entered into in the presence and with the approbation of the said com¬
missioner, between the said Seneca nation of Indians and the said
Wilhelm Willink, Pieter Van Eeghen, Hendrik Vollenhoven, W. Wil¬
link the younger, I. Willink the younger (son of Jan) Jan Gabiel Van
Staphorst, Roelof Van Staphorst the younger, Cornelis Vollenhoven,
and Hendrik Seye, by the said Joseph Ellicott, their agent and attor¬
ney, lawfully constituted and appointed for that purpose.

Now this Indenture witnesseth, That the said parties of the first
part, for and in consideration of the lands hereinafter described, do
hereby exchange, cede, and forever quit claim to the said parties of the
second part, their heirs and assigns, all those lands situate, lying and
being in the county of Ontario, and state of New-York, being part of
the lands described and reserved by the said parties of the first part, in
a treaty or convention held by the honorable Jeremiah Wadsworth,
esquire, under the authority of the United States on the Genesee river
the 15th day of September, one thousand seven hundred and ninety-
seven, in words following, viz.

4 4 Beginning at the mouth of the eighteen mile or Kogh-quaw-gu
creek, thence a line or lines to be drawn parallel to lake Erie, at the
distance of one mile from the lake, to the mouth of Cataraugos creek,
thence a line or lines extending twelve miles up the north side of said
creek, at the distance of one mile therefrom, thence a direct line to the
said creek, thence down the said creek to lake Erie, thence along the
lake, to the first mentioned creek, and thence to the place of beginning.
Also one other piece at Cataraugos, beginning at the shore of lake Erie,
on the south side of Cataraugos creek, at the distance of one mile from
the mouth thereof, thence running one mile from the lake, thence on a
line parallel thereto, to a point within one miie from the Con-non-dau-
we-gea creek, thence up the said creek one mile on a line parallel
thereto, thence on a direct line to the said creek, thence down the same
to lake Erie, thence along the lake to the place of beginning; ” reference

Garrisons to be es¬
tablished on Indian
lands.

When to take effect.

June 30, 1802.
7Stat., 70.
Proclamation, Jan.
12, 1803.

Ratified Jan. 12, 1803

Preamble.

Cession of lands.

Boundary de
scribed.

TREATY WITH THE SENECAS, 1802.

being thereunto had will fully appear. Together with all and singular
the rights, privileges, hereditaments and appurtenances thereunto
belonging, or in any wise appertaining. And all the estate, right, title,
and interest whatsoever, of them, the said parties of the first part, and
their nation, of, in and to the said tracts of land, above described, to
have and to hold all and singular the said granted premises, with the
appurtenances, to the said parties of the second part, their heirs and
assigns, to their only proper use, benefit and behoof forever,
consideration. And in consideration of the said lands described and ceded as afore¬

said, the said parties of the second part, by Joseph Ellicott, their agent
and attorney as aforesaid, do hereby exchange, cede, release, and quit
claim to the said parties of the first part, and their nation (the said, par¬
ties of the second part, reserving to themselves the right of pre¬
emption) all that certain tract or parcel of land situate as aforesaid.
Beginning at a post marked No. 0. standing on the bank of lake Erie,
at the mouth of Oataraugos creek, and on the north bank thereof;
thence along the shore of said lake N. 11° E. 21 chains; N. thirteen
degrees east 45 chains; N. 19° E. 14 chains 65 links to a post; thence
east 119 chains to a post; thence south 14 chains 27 links to a post;
thence east 640 chains to a post standing in . the meridian between the
8th and 9th ranges; thence along said meridian south 617 chains 75
links, to a post standing on the south bank of Cataraugos creek; thence
west 160 chains to a post; thence north 290 chains 25 links to a post;
thence west 482 chains 31 links to a post; thence north 219 chains 50
links to a post standing on the north bank of Cataraugos creek; thence
down the same and along the several meanders thereof, to the place of
beginning. To hold to the said parties of the first part in the same
manner and by the same tenure as the lands reserved by the said parties
of the first part in and by the said treaty or convention entered into
on Genesee river, the 15th day of September, one thousand seven
hundred and ninety-seven, as aforesaid, were intended to be held.

TREATY WITH THE SENECAS, 1802.

June 30, 1802.

7 Stat., 72.

Proclamation, Feb.

7, 1803.

Ratified Feb. 7,1803.

Cession of certain

inds’ Warriors, for and in consideration of the sum of twelve hundred dol¬

lars, lawful money of the United States, unto them in hand paid by
the said Oliver Phelps, Isaac Bronson and Horatio Jones, at or iinme
diately before the sealing and delivery hereof, the receipt whereof is
hereby acknowledged, have and by these presents do grant, remise,
release and forever quit claim and confirm unto the said Oliver Phelps,
Isaac Bronson and Horatio Jones, and to their heirs and assigns, all
that tract of land commonly called and known by the name of Little
Beard’s Reservation, situate, lying and being in the said county of
Ontario, bounded on the East by the Genesee river and Little Beard’s
Creek, on the south and west by other lands of the said parties of the
second part, and on the north by Big Tree Reservation — containing
two square miles, or twelve hundred and eighty acres, together with
all and singular, the hereditaments and appurtenances whatsoever there¬
unto belonging, or in any wise appertaining, to hold to them the said
Oliver Phelps, Isaac Bronson and Horatio Jones, their heirs and assigns,
to the only proper use and behoof of them the said Oliver Phelps,
Isaac Bronson and Horatio Jones their heirs and assigns forever.

At a treaty held under the authority of the United States , at Buffalo
Greek in the county of Ontario , and state of New- York, between tho
Sachems , Chiefs and Warriors of the Seneca Nation of Indians, on
behalf of said nation , and Ol iver' Phelps , Esq. of the county of Onta¬
rio, Isaac Bronson , Esq. of -the city of New- York, and Horatio
Jones, of the said county of Ontario , in the presence of John Tayler,
Esq. Commissioner appointed by the President of the United States
for holding said treaty.

Know all men by these presents, that the said Sachems, Chiefs and

TREATY WITH THE DELAWARES, ETC., 1803.

TREATY WITH THE CHOCTAWS, 1802.

A provisional, convention entered into a/nd made by brigadier general
James Wilkinson, of the state of Maryland, commissioner for holding
conf 'erences with the Indians south of the Ohio River, in behalf of
the United States, on the one part , and the whole Choctaw nation, by
their chiefs, head men, a/nd principal icarriors, on the other part.

Preamible. For the mutual accommodation of the parties, and to per¬
petuate that concord and friendship, which so happily subsists between
them, they do hereby freely, voluntarily, and without constraint,
covenant and agree,

Art. I. That the President of the 13 nited States may, at his discre¬
tion, by a commissioner or commissioners, to be appointed by him, by
and with the advice and consent of the Senate of the United States,
retrace, connect, and plainly remark the old line of limits, established
by and between his Britannic majesty and the said Choctaw nation,
which begins on the left bank of the Chickasawhay river and runs
thence in an easterly direction to the right bank of the Tombigby river,
terminating on the same, at a bluff well known by the name of Hach-a-
Tig-geby, but it is to be clearly understood, that two commissioners,
to be appointed by the said nation, from their own body, are to attend
the commissioner or commissioners of the United States, who may be
appointed to perform this service, for which purpose the said Choctaw
nation shall be seasonably advised by the President of the United States,
of the particular period at which the operation may be commenced, and
the said Choctaw commissioners shall be subsisted by the United States,
so long as they may be engaged on this business, and paid for their
services, during the said term, at the rate of one dollar per day.

Art. II. The said line, when thus remarked and re-established, shall
form the boundary^ between the United States and the said Choctaw
nation, in that quarter, and the said Choctaw nation, for, and in con¬
sideration of one dollar, to them in hand paid by the said United States,
the receipt whereof is hereby acknowledged, do hereby release to the
said United States, and quit claim for ever, to all that tract of land
which is included by the beforenamed line on the north, by the Chicka¬
sawhay river on the west, by the Tombigby and the Mobile rivers on
the east, and by the boundary of the United States on the south.

Art. III. The chiefs, head men, and warriors, of the said Choctaw
nation, do hereby constitute, authorise and appoint, the chiefs and head
men of the upper towns of the said nation, to make such alteration in
the old boundary line near the mouth of the Yazou river, as may be
found convenient, and may be done without injury to the said nation.

Art. IV. This convention shall take effect and become obligatory on
the contracting parties as soon as the President of the United States,
by and with the advice and consent of the Senate, shall have ratified
the same.

TREATY WITH THE DELAWARES, ETC., 1803.

Articles of a treaty between the United States of America, and the Dela¬
wares, Shawanoes, Putawatimies, Miamies, Eel River, Weeas, Kick-
apoos, Piankashaws, and Kaskaskias nations of Indians.

Articles of a treaty^ made at Fort Wayne on the Miami of the Lake,
between William Henry Harrison, governor of the Indiana territory,
superintendent of Indian affairs and commissioner plenipotentiary of
the United States for concluding any treaty or treaties which may be
found necessary with any of the Indian tribes north west of the Ohio,

Oct. 17, 1802.

7 Stat., 73.

Proclamation, Jan.
2C, 1803.

Ratified Jan. 20,
1803.

Boundary line to be
re-marked, etc.

Title to lands re¬
leased to United
States.

Alteration of old
boundary.

When to take effect.

June 7, 1803.

7 Stat., 74.

Proclamation Dec.
26, 1803.

TREATY WITH THE DELAWARES, ETC., 1803.

Boundaries of a tract
reserved to the United
States described.

United States give
up all claim to adjoin¬
ing lands.

Salt spring, etc.,
ceded toUnited States.

UnitedStatesengage
to deliver for the use
of the Indians a cer¬
tain quantity of salt
yearly.

Grant to United
States of sites for three
houses of entertain¬
ment.

Provision for future
alterations of the
boundary.

of the one part, and the tribes of Indians called the Delawares, Shawa-
noes, Putawatimies, Miamies and Kickapoos, by their chiefs and head
warriors, and those of the Eel river, Weeas, Piankashaws and Kaskas-
kias by their agents and representatives Tuthinipee, Winnemac, Richer-
ville and Little Turtle (who are properly authorized by the said tribes)
of the other part.

Article 1st. Whereas it is declared by the fourth article of the
treaty of Greenville, that the United States reserve for their use the
post of St. Vincennes and all the lands adjacent to which the Indian
titles had been extinguished: And whereas, it has been found difficult
to determine the precise limits of the said tract as held by the French
and British governments : it is hereby agreed, that the boundaries of the
said tract shall be as follow: Beginning at Point Coupee on the Wabash,
and running thence by a line north seventy-eight degrees, west twelve
miles, thence by a line parallel to the general course of the Wabash,
until it shall be intersected by a line at right angles to the same, passing
through the mouth of White river, thence by the last mentioned line
across the Wabash and towards the Ohio, seventy-two miles, thence by
a line north twelve degrees west, until it shall be intersected by a line
at right angles to the same, passing through Point Coupee, and by the
last mentioned line to the place of beginning.

Art. 2d. The United States hereby relinquish all claim which they
may have had to an}7 lands adjoining to or in the neighborhood of the
tract above described.

Art. 3d. As a mark of their regard and attachment to the United
States, whom they acknowledge for their only friends and protectors,
and for the consideration herein after mentioned, the said tribes do
hereby relinquish and cede to the United States the great salt spring
upon the Saline creek which falls into the Ohio below the mouth of the
Wabash, with a quantity of land surrounding it, not exceeding four
miles square, and which may be laid off in a square or oblong as the
one or the other may be found most convenient to the United States:
And the said United States being desirous that the Indian tribes should
participate in the benefits to be derived from the said spring, hereby
engage to deliver yearly and every year for the use of the said Indians,
a quantity of salt not exceeding one hundred and fifty bushels, and
which shall be divided among the several tribes in such manner as the
general council of the chiefs may determine.

Art. 4th. For the considerations before mentioned and for the con¬
venience which the said tribes will themselves derive from such estab¬
lishments it is hereby agreed that as soon as the tribes called the Kick¬
apoos, Eel River, W eeas, Piankashaws and Kaskaskias shall give their
consent to the measure, the United States shall have the right of locat¬
ing three tracts of lands (of such size as may be agreed upon with the
last mentioned tribes) on the main road between Vincennes and Kas¬
kaskias, and one other between Vincennes and Clarksville for the pur¬
pose of erecting houses of entertainment for the accommodation of
travellers. But it is expressly understood that if the said locations are
made on any of the rivers, which cross the said road, and ferries should
be established on the same, that in times of high water any Indian or
Indians belonging- to either of the tribes who are parties to this treaty
shall have the privilege of crossing such ferry toll free.

Art. 5th. Whereas there is reason to believe that if the boundary
lines of the tract described in the first article should be run in the
manner therein directed, that some of the settlements and locations of
land made by the citizens of the United States will fall in the Indian
country — It is hereby agreed that such alterations shall be made in the
direction of these lines as will include them; and a quantity of land
equal in quantity to what may be thus taken shall be given to the said
tribes either at the east or the west end of the tract

TREATY WITH THE KASKASKIAS, 1803.

TREATY WITH THE EEL RIVERS, ETC., 1803.

At a council holden at Vincennes on the seventh day of August , one
thousand eight hundred and three , under the direction of William
Henry Harrison , governor of the Indiana territory , superintendent
of Indian affairs , and commissioner plenipotentiary of the United
States for concluding any treaty or treaties which may he found nec¬
essary with any of the Indian nations north west of the river Ohio ,
at which were present the chiefs and wa/rriors of the Eel Riwer ,
Wyandot, Piankashaw and Kaskaskia nations , and also the tribe of
the Kikapoes , by their representatives , the chiefs of the Eel Ri/ver
nation.

The fourth article of the treaty holden and concluded at Fort
Wayne, on the seventh day of June, one thousand eight hundred and
three, being considered, the chiefs and warriors of the said nations
give their free and full consent to the same, and they do hereby relin¬
quish and confirm to the United States the privilege and right of locat¬
ing three several tracts of land of one mile square each, on the road
leading from Vincennes to Kaskaskia, and also one other tract of land
of one mile square on the road leading from Vincennes to Clarksville;
which locations shall be made in such places on the aforesaid roads as
shall best comport with the convenience and interest of the United
States in the establishment of houses of entertainment for the accom¬
modation of travellers.

TREATY WITH THE KASKASKIAS, 1803.

A treaty between the United States of America and the Kaskaskia Tribe
of Indians.

Articles of a treaty made at Vincennes in the Indiana territory,
between William Henry Harrison, governor of the said territory,
superintendent of Indian affairs and commissioner plenipotentiary of
the United States for concluding any treaty or treaties which may be
found necessary with any of the Indian tribes north west of the river
Ohio of the one part, and the head chiefs and warriors of the Kaskas¬
kia tribe of Indians so called, but which tribe is the remains and right¬
fully represent all the tribes of the Illinois Indians, originally called
the Kaskaskia, Mitchigamia, Cahokia and Tamaroi of the other part:

Article 1st. Whereas from a variety of unfortunate circumstances
the several tribes of Illinois Indians are reduced to a very small num¬
ber, the remains of which have been long consolidated and known by
the name of the Kaskaskia tribe, and finding themselves unable to
occupy the extensive tract of country which of right belongs to them
and which was possessed by their ancestors for many generations, the
chiefs and warriors of the said tribe being also desirious of procuring
the means of improvement in the arts of civilized life, and a more cer¬
tain and effectual support for their women and children, have, for the
considerations hereinafter mentioned, relinquished and by these pres¬
ents do relinquish and cede to the United States all the lands in the
Illinois country, which the said tribe has heretofore possessed, or
which they may rightfully claim, reserving to themselves however the
tract of about three hundred and fifty acres near the town of Kaskas¬
kia, which they have always held and which was secured to them by
the act of Congress of the third day of March, one thousand seven
hundred and ninety-one, and also the right of locating one other tract
of twelve hundred and eighty acres within the bounds of that now
ceded, which two tracts of land shall remain to them forever.

S. Doc. 452 - 4

Aug. 7, 1803

7 Stat,, 77.
Proclamation, Dec.
23, 1803.

Right given to Unit¬
ed States of locating
certain land.

Aug. 13, 1803.

7 Stat., 78.

Proclamation, Dec.
23, 1803.

CessiontotheUnited

States.

TREATY WITH THE KASKASKIAS, 1803.

United Sta tes to take
the Kaskaskias under
their protection, etc.

Former annuity to
be increased; how to
be paid.

A house for the chief
to be built, and a field
for the tribe to be in¬
closed.

Annual sum to be
paid to a Catholic
priest, etc.

A sum to be given
by United States for
erecting a church.

Right of dividing
annuity reserved to
United States.

Art. 2d. The United States will take the Kaskaskia tribe under
their immediate care and patronage, and will afford them a protection
as effectual against the other Indian tribes and against all other per¬
sons whatever as is enjoyed by their own citizens. And the said Kas¬
kaskia tribe do hereby engage to refrain from making war or giving
any insult or offence to any other Indian tribe or to any foreign nation,
without having first obtained the approbation and consent of the
United States.

Art. 3d. The annuity heretofore given by the United States to the
said tribe shall be increased to one thousand dollars, which is to be
paid to them either in money, merchandise, provisions or domestic
animals, at the option of the said tribe: and when the said annuity or
any part thereof is paid in merchandise, it is to be delivered to them
either at Vincennes, Fort. Massac or Kaskaskia, and the first cost of
the goods in the sea-port where they may be procured is alone to be
charged to the said tribe free from the cost of transportation, or any
other contingent expense. Whenever the said tribe may choose to
receive money, provisions or domestic animals for the whole or in
part of the said annuity, the same shall be delivered at the town of
Kaskaskia. The United States will also cause to be built a house suit¬
able for the accommodation of the chief of the said tribe, and will
enclose for their use a field not exceeding one hundred acres with a
good and sufficient fence. And whereas, The greater part of the said
tribe have been baptised and received into the Catholic church to which
they are much attached, the United States will give annually for seven
years one hundred dollars towards the support of a priest of that reli¬
gion. who will engage to perform for the said tribe the duties of his office
and also to instruct as many of their children as possible in the rudi¬
ments of literature. And the United States will further give the sum
of three hundred dollars to assist the said tribe in the erection of a
church. The stipulations made in this and the preceding article,
together with the sum of five hundred and eighty dollars, which is now
paid or assured to be paid for the said tribe for the purpose of pro¬
curing some necessary articles, and to relieve them from debts which
they have heretofore contracted, is considered as a full and ample
compensation for the relinquishment made to the United States in the
first article.

Art. 4th. The United States reserve to themselves the right at any
future period of dividing the annuity now promised to the said tribe
amongst the several families thereof, reserving always a suitable sum
for the great chief and his family.

Art. 5th. And to the end that the United States may be enabled to
fix with the other Indian tribes a boundary between their respective
claims, the chiefs and head warriors of tlie said Kaskaskia tribe do
hereby declare that their rightful claim is as follows, viz: Beginning
at the confluence of the Ohio and the Mississippi, thence up the Ohio
to the mouth of the Saline creek, about twelve miles below the mouth
of the Wabash, thence along the dividing ridge between the said creek
and the Wabash until it comes to the general dividing ridge between
the waters which fall into the Wabash, and those which fall into the
Kaskaskia river; and thence along the said ridge untill it reaches the
waters which fall into the Illinois river, thence in a direct course to
the mouth of the Illinois river, and thence down the Mississippi to
the beginning.

Art. 6th. As long as the lands which have been ceded by this treaty
shall continue to be the property of the United States, the said tribe
shall have the privilege of living and hunting upon them in the same
manner that they have hitherto done.

Art. 7th. This treaty is to be in force and binding upon the said
parties, as soon as it shall be ratified by the President and Senate of
the United States.

TREATY WITH THE DELAWARES, 1804.

TREATY WITH THE CHOCTAWS, 1803

To whom these presents shall come,

Know ye, That the undersigned, commissioners plenipotentiary of _

the United States of America, of the one part, and of the whole Choc- proclamation Dec.
taw nation of the other part, being duly authorised by the President 26, i803.
of the United States, and by the chiefs and headmen of the said nation,
do hereby establish in conformity to the convention of Fort Confed¬
eration, for the line of demarkation recognized in the said convention,
the following metes and bounds, viz. : Beginning in the channel of the
Hatchee Comesa, or Wax river, at the point where the line of limits,
between the United States and Spain crosseth the same, thence up the
channel of said river to the confluence of the Chickasaw-Hay and Buck-
hatannee rivers, thence up the channel of the Buckhatannee to Bogue
Hooma or Red creek, thence up the said creek to a Pine tree standing
on the left bank of the same, and blazed on two of its sides, about
twelve links southwest of an old trading path, leading from the town
of Mobile to the Hewanee towns, much worn, but not in use at the
present time:— From this tree we find the following bearings and dis¬
tances, viz. : south fifty four degrees thirty minutes, west, one chain,
one link a black gum, north thirty nine degrees east one chain seventy
five links to a water oak; thence with the old British line of partition
in its various inflections, to a Mulberry post, planted on the right bank
of the main branch of Sintee Bogue or Snake creek, where it makes a
sharp turn to the south east, a large broken top Cypress-tree standing
near the opposite bank of the creek, which is about three poles wide,
thence down the said creek to the Tombigby river, thence down the
Tombigby and Mobile rivers, to the above mentioned line of limits
between the United States and Spain, and with the same to the point
of beginning: And we, the said commissioners plenipotentiary, do
ratify and confirm the said line of demarkation, and do recognise and
acknowledge the same to be the boundary which shall separate and
distinguish the land ceded to the United States, between the Tombigby,

Mobile and Pascagola rivers, from that which has not been ceded by
the said Choctaw nation.

We the commissioners of the Choctaw nation duly appointed and
the chiefs of the said nation who reside on the Tombigby river, next
to Sintee Bogue, do acknowledge to have received from the United
States of America, by the hands of Brigadier General James Wilkin¬
son, as a considerate n in full for the confirmation of the above con¬
cession, the following articles, viz.: fifteen pieces of strouds, three
rifles, one hundred and fifty blankets, two hundred and fifty pounds
of powder, two hundred and fifty pounds of lead, one bridle, one man’s
saddle, and one black silk handkerchief.

TREATY WITH THE DELAWARES, 1804.

A treaty between the United States of America and the Delawa/re tribe
of Indians.

The Delaware tribe of Indians finding that the annuity which they
receive from the United States, is not sufficient to supply them with
the articles which are necessary for their comfort and convenience, and
afford the means of introducing amongst them the arts of civilized life,
and being convinced that the extensiveness of the country they possess,
by giving an opportunity to their hunting parties to ramble to a great
distance from their towns, is the principal means of retarding this
desirable event; and the United States being desirous to connect their
settlements on the Wabash with the state of Kentucky: therefore the

Aug. 18, 1804.

7 Stat., 81.
Proclamation, Feb.
14, 1805.

Ratified Jan. 21,
1805.

TREATY WITH THE DELAWARES, 1804.

Cession to the Unit¬
ed States.

Additional annuity
to be paid to the Dela¬
wares.

Provision for teach¬
ing them agricultural
and domestic arts, etc.

Preceding stipula¬
tions, how to be con¬
sidered.

Stolen horses to be
restored.

Right of the Dela¬
wares to lands, etc.

Stipulation that the
United States will
treat with the Pianke-
shaws for an acknowl¬
edgment of the title
of the Delawares, etc.

said United States, by W illiam Henry Harrison, governor of the Indiana
territory, superintendent of Indian affairs, and their commisioner pleni¬
potentiary for treating with the Indian tribes northwest of the Ohio
river: and the said tribe of Indians, by their sachems, chiefs, and head
warriors, have agreed to the following articles, which when ratified by
the President of the United States, by and with the advice and consent
of the Senate, shall be binding on the said parties.

Article 1. The said Delaware tribe, for the considerations herein¬
after mentioned, relinquishes to the United States forever, all their
right and title to the tract of country which lies between the Ohio and
Wabash rivers, and below the tract ceded by the treaty of Fort Wayne,
and the road leading from Vincennes to the falls of Ohio.

Art. 2. The said tribe shall receive from the United States for ten
years, an additional annuity of three hundred dollars, which is to be
exclusively appropriated to the purpose of ameliorating their condition
and promoting their civilization. Suitable persons shall be employed
at the expense of the United States to teach them to make fences, cul¬
tivate the earth, and such of the domestic arts as are adapted to their
situation; and a further sum of three hundred dollars shall be appro¬
priated annually for five years to this object. The United States will
cause to be delivered to them in the course of the next spring, horses
fit for draft, cattle, hogs and implements of husbandry to the amount
of four hundred dollars. The preceding stipulations together with
goods to the amount of eight hundred dollars which is now delivered
to the said tribe, (a part of which is to be appropriated to the satisfying
certain individuals of the said tribe, whose horses have been taken by
white people) is to be considered as full compensation for the relin¬
quishment made in the first article.

Art. 3. As there is great reason to believe that there are now in the
possession of the said tribe, several horses which have been stolen from
citizens of the United States, the chiefs who represent the said tribe
are to use their utmost endeavors to have the said horses forthwith
delivered to the superintendent of Indian affairs or such persons as he
may appoint to receive them. And as the United States can place the
utmost reliance on the honor and integrity of those chiefs who have
manifested a punctilious regard to the engagements entered into at the
treaty of Grenville, it is agreed that in relation to such of the horses
stolen as aforesaid, but which have died or been removed beyond the
reach of the chiefs, the United States will compensate the owners for
the loss of them without deducting from the annuity of the said tribe
the amount of what may be paid in this way. But it is expressly
understood that this provision is not to extend to any horses which
have been stolen within the course of twelve months preceding the
date hereof.

Art. 4. The said tribe having exhibited to the above-named com¬
missioner of the United States sufficient proof of their right to all the
country which lies between the Ohio and White river, and the Miami
tribe who were the original proprietors of the upper part of that
country having explicitly acknowledged the title of the Delawares at
the general council held at Fort Wayne in the month of June 1803, the
said United States will in future consider the Delawares as the rightful
owners of all the country which is bounded by the white river on the
north, the Ohio on the south, the general boundary line running from
the mouth of the Kentucky river on the east, and the tract ceded by
this treaty, and that ceded by the treaty of Fort Wayne, on the west
and south west.

Art. 5. As the Piankishaw tribe have hitherto obstinately persisted
in refusing to recognize the title of the Delawares to the tract of coun¬
try ceded by this treaty, the United States will negociate with them
and will endeavor to settle the matter, in an amicable way; but should

TREATY WITH THE PIANKESH AW-S, 1804.

they reject the propositions that may be made to them on this subject,
and should the United States not think proper to take possession of
the said country without their consent; the stipulations and promises
herein made on behalf the United States, shall be null and void.

Art. 6. As the road from Vincennes to Clark’s grant will form a Boundaries, etc.
verj7 inconvenient boundary, and as it is the intention of the parties to
these presents that the whole of the said road shall be within the tract
ceded to the United States, it is agreed that the boundary in that quar¬
ter shall be a straight line to be drawn parallel to the course of the said
road from the eastern boundary of the tracts ceded by the treaty of Fort
Wayne to Clark’s grant; but the said line is not to pass at a greater
distance than half a mile from the most northerly bend of said road.

TREATY WITH THE PIANKESHAWS, 1804.

A treaty between the United States of America , and the Pia/nlceshaw Aug. 27,1804.

tribe of Indians. 7stat.,83. -

Proclamation Feb.

The President of the United States, by William Henry Harrison, 6’ Ratified jan. 21,
Governor of the Indiana territory, superintendent of Indian affairs; and 1806'
commissioner plenipotentiary of the United States, for concluding any
treaty or treaties which may be found necessary with any of the Indian
tribes north west of the river Ohio; and the chiefs and head men of
the Piankeshaw tribe, have agreed to the following articles, which
when ratified by the President of the United States, by and with the
advice and consent of the Senate, shall be binding upon the said parties.

Article 1. The Piankeshaw tribe relinquishes, and cedes to the cession of land to
United States for ever, all that tract of country which lies between the united states,
the Ohio and Wabash rivers, and below Clark’s grant; and the tract
called the Vincennes tract, which was ceded by the treaty of Fort
Wayne, and a line connecting the said tract and grant, to be drawn
parallel to the general course of the road leading from Vincennes to
the falls of the Ohio, so as not to pass more than half a mile to the
northward of the most northerly bend of said road.

Article 2. The Piankeshaw tribe acknowledges explicitly the right Acknowledgment
of the Kaskaskia tribe to sell the country which they have lately ceded KaskTskiS to sell cfr-
to the United States, and which is separated from the lands of the tainlands-
Piankeshaws by the ridge or high land which divides the waters of
the Wabash from the waters of the Saline creek; and by that which
divides the waters of the said Wabash from those which flow into the
Au-vase and other branches of the Mississippi.

Article 3. An additional annuity of two hundred dollars shall be Additional annuity
paid by the United States to the said tribe for ten years, in money, k^w^ortenyS'
merchandise, provisions, or domestic animals, and implements of hus¬
bandry, at the option of the said tribe; and this annuity, together with
goods to the value of seven hundred dollars, which are now delivered
to them by the commissioner of the United States, is considered as a
full compensation for the above-mentioned relinquishment.

Article 4. The United States reserve to themselves the right of reserved to

dividing the whole annuity which they pay to the said tribe amongst Sg Slnnuityfita"
the families which compose the same; allowing always a due propor¬
tion for the chiefs: And the said chiefs whenever the President of the
United States may require it, shall, upon proper notice being given,
assemble their tribe, for the purpose of effecting this arrangement.

TREATY WITH CHEROKEES, OCTOBER 24, 1804. (See page 145.)

Not. S, 1 m.

7 Sfcat., S4.
Proclamation Feb.
21, 1805.

Ratified Jan. 25,
1805.

Indians taken under
protection of United
States.

Boundaries.

Goods to be deliv¬
ered to the Indian
tribes at St. Louis
every year.

Indiansto beseemed
in their possessions,
etc.

Retaliation re¬
strained.

Offenders on both
sides to be appre¬
hended and punished.

TREATY WITH THE SACS AHD FOXES, 1804.

TREATY WITH THE SACS AND EOXES. 1804.

A treaty between the United States of America and the United tribes of
Sac and For Indians.

Articles of a treaty made at St. Louis in the district of Louisiana
between William Henry Harrison, governor of the Indiana territory
and of the district of Louisiana, superintendant of Indian affairs for
the said territory and district, and commissioner plenipotentiary of
the United States for concluding any treaty or treaties which may be
found necessary with any of the north western tribes of Indians of the
one part, and the chiefs aud head men of the united Sac and Fox tribes
of the other part.

Article 1. The United States receive the united Sac and Fox tribes
into their friendship and protection, and the said tribes agree to con¬
sider themselves under the protection of the United States, and of no
other power whatsoever.

Art. 2. The general boundary line between the lands of the United
States and of the said Indian tribes shall be as follows, to wit: Begin¬
ning at a point on the Missouri river opposite to the mouth of the
Gasconade river; thence in a direct course so as to strike the river
Jeffreon at the distance of thirty miles from its mouth, and down the
said Jeffreon to the Mississippi, thence up the Mississippi to the mouth
of the Ouisconsiug river and up the same to a point which shall be
thirty-six miles in a direct line from the mouth of the said river,
thence by a direct line to the point where the Fox river (a branch of the
Illinois) leaves the small lake called Sakaegan, thence down the Fox
river to the Illinois river, and down the same to the Mississippi. And
the said tribes, for and in consideration of the friendship and protec¬
tion of the United States which is now extended to them, of the goods
(to the value of two thousand two hundred and thirty-four dollars
and fifty cents) which are now delivered, and of the annuity herein¬
after stipulated to be paid, do hereby cede and relinquish forever to
the United States, all the lands included within the above-described
boundary.

Art. 3. In consideration of the cession and relinquishment of land
made in the preceding article, the United States will deliver to the said
tribes at the town of St. Louis or some other convenient place on the
Mississippi yearly and every year goods suited to the circumstances of
the Indians of the value of one thousand dollars (six hundred of which
are intended for the Sacs and four hundred for the Foxes) reckoning
that value at the first cost of the goods in the city or place in the
United States where they shall be procured. And if the said tribes
shall hereafter at an annual delivery of the goods aforesaid, desire that
a part of their annuity should be furnished in domestic animals, imple¬
ments of husbandry and other utensils convenient for them, or in com¬
pensation to useful artificers who may reside with or near them, and
be employed for their benefit, the same shall at the subsequent annual
delivery be furnished accordingly.

Art. 4. The United States will never interrupt the said tribes in the
possession of the lands which they rightfully claim, but will on the
contrary protect them in the quiet enjoyment of the same against their
own citizens and against all other white persons who may intrude upon
them. And the said tribes do hereby engage that they will never sell
their lands or any part thereof to any sovereign power, but the United
States, nor to the citizens or subjects of any other sovereign power,
nor to the citizens of the United States.

Art. 5. Lest the friendship which is now established between the
United States and the said Indian tribes should be interrupted by the
misconduct of individuals, it is hereby agreed that for injuries done by
individuals no private revenge or retaliation shall take place, but,

TREATY WITH THE SACS ANT) FOXES, 1804.

instead thereof, complaints shall be made by the party injured to the
other — by the said tribes or either of them to the superintendent of
Indian affairs or one of his deputies, and by the superintendent or
other person appointed by the President, to the chiefs of the said
tribes. And it shall be the duty of the said chiefs upon * complaint
being made as aforesaid to deliver up the person or persons against
whom the complaint is made, to the end that he or they may be pun¬
ished agreeably to the laws of the state or territory where the offence
may have been committed; and in like manner if any robbery, violence
or murder shall be committed on any Indian or Indians belonging to
the said tribes or either of them, the person or persons so offending
shall be tried, and if found guilty, punished in the like manner as if
the injury had been done to a white man. And it is further agreed, stolen horses to be
that the chiefs of the said tribes shall, to the utmost of their power own°ered t0 the proper
exert themselves to recover horses or other property which may be
stolen from any citizen or citizens of the United States by any indi¬
vidual or individuals of their tribes, and the property so recovered
shall be forthwith delivered to the superintendent or other person
authorized to receive it, that it may be restored to the proper owner;
and in ’ cases where the exertions of the chiefs shall be ineffectual in
recovering the property stolen asaforesaid, if sufficient proof can be
obtained that such property was actually stolen by any Indian or
Indians belonging to the said tribes or either of them, the United
States may deduct from the annuity of the said tribes a sum equal to
the value of the property which has been stolen. And the United
States hereby guarantee to any Indian or Indians of the said tribes a
full indemnification for any horses or other property which may be
stolen from them by any of their citizens; provided that the property
so stolen cannot be recovered and that sufficient proof is produced that
it was actually stolen by a citizen of the United States.

Art. 6. If any citizen of the United States or other white person intruders on Indian
should form a settlement upon lands which are the property of the lands to be removed.
Sac and Fox tribes, upon complaint being made thereof to the super¬
intendent or other person having charge of the affairs of the Indians,
such intruder shall forthwith be removed.

Art. 7. As long as the lands which are now ceded to the United Indians may hunt
States remain their property, the Indians belonging to the said tribes, unitednstatefded t0
shall enjoy the privilege of living and hunting upon them.

Art. 8. As the laws of the United States regulating trade and inter- None but author-
course with the Indian tribes, are already extended to the country ized tr^der| to reside
inhabited by the Saukes and Foxes, and as it is provided by those laws Foxes5 e au esan
that no person shall reside as a trader in the Indian country without a
license under the hand [and] seal of the superintendent of Indian
affairs, or other person appointed for the purpose by the President,
the said tribes do promise and agree that they will not suffer any trader
to reside amongst them without such license; and that they will from
time to time give notice to the superintendent or to the agent for their
tribes of all the traders that may be in their country.

Art. 9. In order to put a stop to the abuses and impositions which Trading house or
are practiced upon the said tribes by the private traders, the United {jgjjr t0 be estab-
States will at a convenient time establish a trading house or factory ls e '
where the individuals of the said tribes can be supplied with goods at, a
more reasonable rate than they have been accustomed to procure them.

Art. 10. In order to evince the sincerity of their friendship and Peace to be made
affection for the United States and a respectful deference for their SnShed&ectffof
advice by an act which will not only be acceptable to them but to the united states?ctl0n °
common Father of all the nations of the earth; the said tribes do
hereby solemnly promise and agree that they will put an end to the
bloody war which has heretofore raged between their tribes and those
of the Great and Little Osages. And for the purpose of burying the
tomahawk and renewing the friendly intercourse between themselves

Cession of land foi
the establishment of
a military post.

Traders, etc., to be
free from any toll or
exaction.

Treaty, when to take
effect.

July 4, 1805.

7 Stat., 87.
Proclamation, Apr.
24, 1806.

Indians acknowl¬
edge protection of
Dinted States.

Boundary line es¬
tablished.

Cession from the
Indians.

TREATY WITH THE WYANDOTS, ETC., 1805.

and the Osages, a meeting of their respective chiefs shall take place,
at which under the direction of the above-named commissioner or the
agent of Indian affairs residing at St. Louis, an adjustment of all their
differences shall be made and peace established upon a firm and lasting
basis.

Art. 11. As it is probable that the government of the United States
will establish a military post at or near the mouth of the Ouisconsing
river; and as the land on the lower side of the river may not be suita¬
ble for that purpose, the said tribes hereby agree that a fort may be
built either on the upper side of the Ouisconsing or on the right bank
of the Mississippi, as the one or the other may be found most conven¬
ient; and a tract of land not exceeding two miles square shall be given
for that purpose. And the said tribes do further agree, that they will
at all times allow to traders and other persons travelling through their
country under the authority of the United States a free and safe pas¬
sage for themselves and their property of every description. And that
for such passage they shall at no time and on no account whatever be
subject to any toll or exaction.

Art. 12. This treaty shall take effect and be obligatory on the con¬
tracting parties as soon as the same shall have been ratified by the
President by and with the advice and consent of the Senate of the
United States.

Additional Article.

It is agreed that nothing in this treaty contained, shall affect the
claim of any individual or individuals who may have obtained grants
of land from the Spanish government, and which are not included
within the general boundary line laid down in this treaty, provided
that such grant have at any time been made known to the said tribes
and recognized by them.

TREATY WITH THE WYANDOTS, ETC., 1805.

A treaty between the United States of America, and the sachems , chiefs ,
and worriers of the Wyandot, Ottawa , Chipawa , Munsee and Dela¬
ware, Shawanee, and Pottawatima nations , holden at Port Industry ,
on the Miami of the lake , mi the fourth day of July , Anns Domini ,
one thousand eight hundred and fine.

Article I. The said Indian nations do again acknowledge them¬
selves and all their tribes, to be in friendship with, and under the pro¬
tection of the United States.

Art. II. The boundary line between the United States, and the
nations aforesaid, shall in future be a meridian line drawn north and
south, through a boundary to be erected on the south shore of lake
Erie, one hundred and twenty miles due west of the west boundary
line of the state of Pennsylvania, extending north until it intersects
the boundary line of the United States, and extending' south it inter¬
sects a line heretofore established by the treaty of Grenville.

Art. III. The Indian nations aforesaid, for the consideration of
friendship to the United States, and the sums of money hereinafter
mentioned, to be paid annually to the Wyandot, Shawanee, Munsee
and Delaware nations, have ceded and do hereby cede and relinquish
to said United States for ever, all the lands belonging to said United
States, lying east of the aforesaid line, bounded southerly and easterly
by the line established by said treaty of Grenville, and northerly by
the northernmost part of the forty first degree of north latitude.

TREATY WITH THE CHICKASAWS, 1805.

Art. IY. The United States, to preserve harmony, manifest their
liberality, and in consideration of the cession made in the preceding
article, will, every year forever hereafter, at Detroit, or some other
convenient place, "pay and deliver to the Wyandot, Munsee, and Dela¬
ware nations, and those of the Shawanee and Seneca nations who reside
with the Wyandots, the sum of eight hundred and twenty live dollars,
current money of the United States, and the further sum of one hun¬
dred and seventy five dollars, making in the whole an annuity of one
thousand dollars; which last sum of one hundred and seventy five
dollars, has been secured to the President, in trust for said nations, by
the Connecticut land company, and by the company incorporated by
the name of * ' the proprietors of the half million acres of land lying-
south of lake Erie, called Sufferer’s Land,” payable annually as afore¬
said, and to be divided between said nations, from time to time, in
such proportions as said nations, with the approbation of the President,
shall agree.

Art. Y. To prevent all misunderstanding hereafter, it is to be
expressly remembered, that the Ottawa and Chipawa nations, and
such of the Pottawatima nation as reside on the river Huron of lake
Erie, and in the neighborhood thereof, have received from the Connec¬
ticut land company, and the company incorporated by the name of
“the proprietors of the half million acres of land lying south of Lake
Erie, called Sufferer’s Land,” the sum of four thousand dollars in
hand, and have secured to the President of the United States, in trust
for them, the further sum of twelve thousand dollars, payable in six
annual instalments of two thousand each ; which several sums is the
full amount of their proportion of the purchases effected by this treaty,
and also by a treaty with said companies bearing even date herewith;
which proportions were agreed on and concluded by the whole of said
nations in their general council; which several sums, together with two
thousand nine hundred and sixteen dollars and sixty seven cents,
secured to the President, to raise said sum of one hundred and seventy
five dollars annuity as aforesaid, is the amount of the consideration
paid by the agents of the Connecticut Reserve, for the cession of their
lands.

Art. YI. The said Indian nations, parties to this treaty, shall be at
liberty to fish and hunt within the territory and lands which they
have now ceded to the United States, so long as they shall demean
themselves peaceably.

TREATY WITH THE CHICKASAWS, 1805.

Articles of arrangement made and concluded in the Chickasaw country ,
between James Robertson and Silas Dinsmoor , commissioners of the
United States of the one part, and the Mingo chiefs -and warriors of
the Chickasaui nation of Indians on the-other part.

Art. I. Whereas the Chickasaw nation of Indians have been for
some time embarrassed by heavy debts due to their merchants and
traders, and being destitute of funds to effect important improvements
in their country, they have agreed and do hereby agree to cede to the
United States, and forever quit claim to the tract of country included
within the following bounds, to wit: beginning on the left bank of
Ohio, at the point where the present Indian boundary adjoins the same,
thence down the left bank of Ohio to the Tennessee river, thence up
the main channel of the Tennessee river to the mouth of Duck river-
thence up the left bank of Duck river to the Columbian highway or
road leading from Nashville to Natchez, thence along the said road to
the ridge dividing the waters running into Duck river from those run¬
ning into Buffaloe river, thence easterly along the said ridge to the
great ridge dividing the waters running into the main Tennessee river
from those running into Buffaloe river near the main source of Buffaloe

Annuity stipulated
to be paid by the
United States.

Proportions to which
the Indian tribes are
entitled out of the
purchase of the Con¬
necticut land com¬
pany, etc.

Indians at liberty to
fish and hunt in ceded
territories.

July 23, 1805.

7 Stat., 89.

Proclamation, May
23, 1807.

Ratified May 22,
1807.

Cession of territory
to United States.

TREATY WITH THE DELAWARES, ETC., 1805.

Consideration lor
said giant.

Commissioner to be
appointed to ascertain
the boundary.

No citizen of United
States allowed to set¬
tle on said tract.

These articles to be
considered as perma¬
nent additions to for¬
mer treaties.

Aug. 21, 1805.

7 Stat,, 91.
Proclamation, Apr.
24,1806.

Delawares relin¬
quish their claim.

river, thence in a direct line to the Great Tennessee river near the
Chickasaw old fields or eastern point of the Chickasaw claim on that
river; thence northwardly to the great ridge dividing the waters run¬
ning into the Tennessee from those running into Cumberland river, so
as to include all the waters running into Elk river, thence along the top
of the said great ridge to the place of beginning: reserving a tract of
one mile square adjoining to, and below the mouth of Duck river on
the Tennessee, for the use of the chief O'Koy or Tishumastubbee.

Aet. II. The United States on their part, and in consideration of
the above cession, agree to make the following payments, to wit:
Twenty thousand dollars for the use of the nation at large, and for the
payment of the debts due to their merchants and traders; and to George
Colbert and O’Koy two thousand dollars, that is, to each one thousand
dollars. This sum is granted to them at the request of the national
council for services rendered their nation, and is to be subject to their
individual order, witnessed by the resident agent; also to Chinubbee
Mingo, the king of the nation, an annuity of one hundred dollars,
during his natural life, granted as a testimony of his personal worth
and friendly disposition. All the above payments are to be made in
specie.

Art. III. In order to preclude for ever all disputes relative to the
boundary mentioned in the first section, it is hereby stipulated, that
the same shall be ascertained and marked by a commissioner or com¬
missioners on the part of the United States, accompanied by such
person as the Chickasaws may choose, so soon as the Chickasaws shall
have thirty days’ notice of the time and place, at which the operation
is to commence: and the United States will pay the person appointed
on the part of the Chickasaws two dollars per day during his actual
attendance on that service.

Art. IV. It is hereby agreed on the part of the United States, that
from and after the ratification of these articles, no settlement shall be
made by any citizen, or permitted by the government of the United
States, on that part of the present cession included between the present
Indian boundary and the Tennessee, and between the Ohio and a line
drawn due north from the mouth of Buffaloe to the ridge dividing the
waters of Cumberland from those of the Tennessee river, to the term
of three years.

Art. V. The articles now stipulated will be considered as permanent
additions to the treaties now in force between the contracting parties,
as soon as they shall have been ratified by the President of the United
States of America, by and with the advice and consent of the Senate
of the said United States.

TREATY WITH THE DELAWARES, ETC., 1805.

A treaty between the United States of America, and the tribes of Indians
called the Delawares, Pottawatimies , Miam.es, Eel Diver, and Weas.

Articles of a treaty made and entered into, at Grouseland, near
Vincennes, in the Indiana territory, by and between William Henry
Harrison, governor of said territory, superintendent of Indian affairs,
and commissioner plenipotentiary of the United States, for treating
with the north western tribes of Indians, of the one part, and the tribes
of Indians called the Delewares. Putawatimis, Miamis, Eel River, and
Weas, jointly and severally by their chiefs and head men, of the other
part.

Article I. Whereas, by the fourth article of a treaty made between
the United States and the Delaware tribe, on the eighteenth day of
August, eighteen hundred and four, the said United States engaged to

TREATY WITH THE DELAWARES, ETC., 1805.

consider the said Delewares as the proprietors of all that tract of coun¬
try which is bounded by the White river on the north, the Ohio and
Clark’s grant on the south, the general boundary line running from
the mouth of Kentucky river on the east, and the tract ceded by the
treaty of fort Wayne, and the road leading to Clark’s grant on the
west and south west. And whereas, the Miami tribes, from whom the
Delawares derived their claim, contend that in their cession of said
tract to the Delewares, it was never their intention to convey to them
the right of the soil, but to suffer them to occupy it as long as they
thought proper, the said Delewares have, for the sake of peace and
good neighborhood, determined to relinquish their claim to the said
tract, and do by these presents release the United States from the guar¬
antee made in the before-mentioned article of the treaty of August,
eighteen hundred and four.

Art. II. The said Miami, Eel River, and Wea tribes, cede and relin- cession of the Mi-
quish to the U nited States forever, all that tract of country which lies amies’ etc‘
to the south of a line to be drawn from the north east corner of the
tract ceded by the treaty of fort Wayne, so as to strike the general
boundary line, running from a point opposite to the mouth of the
Kentucky river, to fort Recovery, at the distance of fifty miles from
its commencement on the Ohio river.

Art. III. In consideration of the cession made in the preceding An additional per-
article, the United States will give an additional permanent annuity to Sventotte'
said Miamis, Eel River, and Wea tribes, in the following proportions, etc-
viz: to the Miamis, six hundred dollars; to the Eel River tribe, two
hundred and fifty dollars; to the Weas, two hundred and fifty dollars;
and also to the Putawatemies, an additional annuity of five hundred
dollars, for ten years, and no longer; which, together with the sum of
four thousand dollars which is now delivered, the receipt whereof they
do hereby acknowledge, is to be considered as a full compensation for
the land now ceded.

Art. IV. As the tribes which are now called the Miamis, Eel River, Miamies, etc., deter,
and Weas, were formerly and still consider themselves as one nation, ^yofthei/territoS
and as they have determined that neither of these tribes shall dispose Xi°u!rt£s consent
of any part of the country which they hold in common; in order to paries-
quiet their minds on that head, the United States do hereby engage to
consider them as joint owners of all the country on the Wabash and
its waters, above the Vincennes tract, and which has not been ceded to
the United States, by this or any former treaty; and they do farther
engage that they will not purchase any part of the said country with¬
out the consent of each of the said tribes. Provided always , That
nothing in this section contained, shall in any manner weaken or
destroy any claim which the Kickapoos, who are not represented at
this treaty, may have to the country they now occupy on the Vermil¬
lion river.

Art. V. The Putawatimies, Miami, Eel River, and Wea tribes, Potawatomies, etc.
explicitly acknowledge the right of the Delawares to sell the tract of ofkth°eWDeilwarSgto
land conveyed to the United States by the treaty of the eighteenth sell>etc.
day of August, eighteen hundred and four, which tract was given by
the Piankashaws to the Delawares, about thirty-seven years ago.

Art. VI. The annuities herein stipulated to be paid by the United Annuities, how to
States, shall be delivered in the same manner, and under the same bepaid-
conditions as those which the said tribes have heretofore received.

Art. VII. This treaty shall be in force and obligatory on the con- Treaty, when to
tracting parties as soon as the same shall have been ratified by the take eflect
President, by, and with the advice and consent of the Senate of the
United States.

TREATY WITH THE CHEBOKEES, 1805.
Additional Article.

It is the intention of the contracting parties, that the boundary line
herein directed to be run from the north east corner of the Vincennes
tract to the boundary line running from the mouth of the Kentucky
river, shall not cross the Embarras or Drift Wood fork of White
river, but if it should strike the said fork, such an alteration in the
direction of the said line is to be made, as will leave the whole of the
said fork in the Indian territory.

TREATY WITH THE CHEROKEES, 1805.

- ^ift1805- _ _ Articles of a treaty agreed upon between the United States of America,

Proclamation, Apr ^ their commissioners Return J. Meigs and Daniel Smith , appointed
24, isos. ’ to hold conferences with the Cherokee Indians , for the purpose of

arranging certain interesting matters with the said Cherokees , of the
one part, and the widersigned chiefs and head men of the said nation ,
of the other part.

Foimer treaties ree- Article I. All former treaties, which provide for the maintenance

of peace and preventing of crimes, are on this occasion recognized and
continued in force.

'herokees. from 1116 Art. II. The Cherokees quit claim and cede to the United States,
all the land which they have heretofore claimed, lying to the north of

Boundaries. the following boundary line: beginning at the mouth of Duck river,
running thence up the main stream of the same to the junction of the
fork, at the head of which fort Nash stood, with the main south fork;
thence a direct course to a point on the Tennessee river bank opposite
the mouth of Hiwassa river. If the line from Hiwassa should leave
out Field’s Settlement, it is to be marked round his improvement, and
then continued the straight course; thence up the middle of the Ten¬
nessee river, (but leaving all the islands to the Cherokees,) to the mouth
of Clinch river; thence up the Clinch river to the former boundary
line agreed upon with the said Cherokees, reserving at the same time
to the use of the Cherokees a small tract lying at and below the mouth
of Clinch river; from the mouth extending thence down the Tennessee
river, from the mouth of Cliilch to a notable rock on the north bank
of the Tennessee, in view from South W est Point; thence a course at
right angles with the river, to the Cumberland road; thence eastwardly
along the same, to the bank of Clinch river, so as to secure the ferry
landing to the Cherokees up to the first hill, and down the same to the
mouth thereof, together with two other sections of one square mile
each, one of which is at the foot of Cumberland mountain, at and near
the place where the turnpike gate now stands; the other on the north
bank of the Tennessee river, where the Cherokee Talootiske now lives.
And whereas, from the present cession made by the Cherokees, and
other circumstances, the site of the garrisons at South West Point
and Tellico are become not the most convenient and suitable places for
the accommodation of the said Indians, it may become expedient to
remove the said garrisons and factory to some more suitable place;
three other square miles are reserved for the particular disposal of the
United States on the north bank of the Tennessee, opposite to and
below the mouth of Hiwassa.

bwec^on” the Art. III. In consideration of the above cession and relinquishment,
the United States agree to pay immediately three thousand dollars in
valuable merchandise, and eleven thousand dollars within ninety days
after the ratification of this treaty, and also an annuity of three thou
sand dollars, the commencement of which is this day. But so much

TREATY WITH THE CHEROKEES, 1805.

of the said eleven thousand dollars, as the said Cherokees may agree
to accept in useful articles of, and machines for, agriculture and man¬
ufactures, shall be paid in those articles, at their option.

Art. IV. The citizens of the United States shall have the free and
unmolested use and enjoyment of the two following described roads,
in addition to those which are at present established through their
country; one to proceed from some convenient, place near the head of
Stone’s river, and fall into the Georgia road at a suitable place towards
the southern frontier of the Cherokees. The other to proceed from
the neighborhood of Franklin, on Big Harpath, and crossing the
Tennessee at or near the Muscle Shoals, to pursue the nearest and best
way to the settlements on the Tombigbee. These roads shall be
viewed and marked out by men appointed on each side for that pur¬
pose, in order that they may be directed the nearest and best ways,
and the time of doing the business the Cherokees shall be duly notified.

Art. V. This treaty shall take effect and be obligatory on the con¬
tracting parties, as soon as it is ratified by the President of the United
States, by and with the advice and consent of the Senate of the same.

TREATY WITH THE CHEROKEES, 1805.

Articles of. a treaty between the United States of America, by their
commissioners , Return J. Meigs and Daniel Smith , who are appointed
to hold conferences with the Cherokees for the purpose of arranging
certain interesting matters with the said Indians, of the one part, and
the undersigned chiefs and head men of the Cherokees, of the other
part, concluded at Tellico.

Art, 1st. Whereas it has been represented by the one party to the
other, that the section of land on which the garrison of South West
Point stands, and which extends to Kingston, is likely to be a desira¬
ble place for the assembly of the state of Tennessee to convene at (a
committee from that body now in session having viewed the situation)
now the Cherokees being possessed of a spirit of conciliation, and see¬
ing that this tract is desired for public purposes, and not for indi¬
vidual advantages, (reserving the ferries to themselves,) quit claim
and cede to the United States the said section of land, understanding
at the same time, that the buildings erected by the public are to belong
to the public, as well as the occupation of the same, during the pleas¬
ure of the government; we also cede to the United States the first
island in the Tennessee, above the mouth of Clinch.

Art. 2d. And whereas the mail of the United States is ordered to be
carried from Knoxville to New-Orleans, through the Cherokee, Creek
and Choctaw countries; the Cherokees agree that the citizens of the
United States shall have, so far as it goes through their country, the
free and unmolested use of a road leading from Tellico to Tombigbe,
to be laid out by viewers appointed on both sides, who shall direct
it the nearest and best wa}^; and the time of doing the business the
Cherokees shall be notified of.

Art. 3d. In consideration of the above cession and relinquishment,
the United States agree to pay to the said Cherokee Indians sixteen
hundred dollars in money, or useful merchandise at their option,
within ninety days after the ratification of this treaty.

Art. 4th This treaty shall be obligatory between the contracting
parties as soon as it is ratified by the President, by and with the advice
and consent of the Senate of the United States.

Part of said pay¬
ment to be machines
for agriculture, etc.

Citizens of United
States to have the use
of certain described
roads.

Treaty, when to take
effect.

Oct. 27, 1805.

7 Stat., 95.

Proclamation, June
10, 1806.

Cession of certain
land to the United
States.

Cherokees grant the
free use of a road
through their country
for the carriage of the
mail.

Payment to Chero¬
kees.

Treaty, when to take
effect.

TEE AT Y WITH THE CREEKS, 1805.

TREATY WITH THE CREEKS, 1805.

Nov. 14, 1805.

7 Stat., 96.
Proclamation, June
2, 1806.

A convention between the United States and the Creek Nation of
Indians , concluded at the City of Washington , on the fourteenth
day of November, in the year of our Lord one thousand eight hundred

Articles of a Convention made between Henry Dearborn, secretary
of war, being specially authorized therefor by the President of the
United States, andOche Haujo, William M’Intosh, Tuskenehau Chapce,
Tuskenehau, Enehau Thlucco, Checopeheke, Emantlau, chiefs and
head men of the Creek nation of Indians, duly authorized and empow¬
ered by said nation.

r^ssion t>y the creek Art. I. The aforesaid chiefs and head men do hereby agree, in con¬
sideration of certain sums of money and goods to be paid to the said
Creek nation by the government of the U nited States as hereafter
stipulated, to cede and forever quit claim, and do, in behalf of their
nation, hereby cede, relinquish, and forever quit claim unto the United
States all right, title, and interest, which the said nation have or
claim, in or unto a certain tract of land, situate between the rivers
Oconee and Ocmulgee (except as hereinafter excepted) and bounded
as follows, viz:

Boundaries. Beginning at the high shoals of Apalacha, where the line of the treaty

of fort Wilkinson touches the same, thence running in a straight line,
to the mouth of Ulcofauhatche, it being the first large branch or fork
of the Ocmulgee, above the Seven Islands: Provided , however* ", That
if the said line should strike the Ulcofauhatche, at any place above its
mouth, that it shall continue round with that stream so as to leave the
whole of it on the Indian side; then the boundary to continue from the
mouth of the Ulcofauhatche, by the water’s edge of the Ocmulgee
river, down to its junction with the Oconee; thence up the Oconee to
the present boundary at Tauloohatche creek; thence up said creek and
following the present boundary line to the first-mentioned bounds, at
the high shoals of Apalacha, excepting and reserving to the Creek
nation, the title and possession of a tract of land, five miles in length
and three in breadth, and bounded as follows, viz: Beginning on the
eastern shore of the Ocmulgee river, at a point three miles on a straight
line above the mouth of a creek called Oakchoncoolgau, which empties
into the Ocmulgee, near the lower part of what is called the old
Ocmulgee fields — thence running three miles eastwardly, on a course
at right angles with the general course of the river for five miles below
the point of beginning; — thence, from the end of the three miles, to
run five miles parallel with the said course of the river; thence west-
wardly, at right angles with the last-mentioned line to the river; thence
by the river to the first-mentioned bounds.
a military post, etc., And it is hereby agreed, that the President of the United States,
to be estabii ed. for the time being, shall have a right to establish and continue a mili¬
tary post, and a factory or trading house on said reserved tract; and
to make such other use of the said tract as may be found convenient
for the United States, as long as the government thereof shall think
proper to continue the said military post or trading house. And it is
also agreed on the part of the Creek nation, that the navigation and
fishery of the Ocmulgee, from its junction with the Oconee to the
mouth of the Ulcofauhatchee, shall be free to the white people; pro¬
vided they use no traps for taking fish; but nets and seines may be
used, which shall be drawn to the eastern shore only,
united states to Art. II. It is hereby stipulated and agreed, on the part of the Creek
use ' offroad to the nation, that the government of the United States shall forever here-
Mobiie. after have a right to a horse path, through the Creek country, from

the Ocmulgee to the Mobile, in such direction as shall, by the Presi¬
dent of the United States, be considered most convenient, and to clear
out the same, and lay logs over the creeks; And the citizens of said

TEEATY WITH THE CHOCTAWS, 1805.

States, shall at all times have a right to pass peaceably on said path,
under such regulations and restrictions, as the government of the
United States shall from time to time direct; and the Creek chiefs
will have boats kept at the several rivers for the conveyance of men
and horses, and houses of entertainment established at suitable places
on said path for the accommodation of travellers; and the respective
ferriages and prices of entertainment for men and horses, shall be
regulated by the present agent, Col. Hawkins, or by his successor in
office, or as is usual among white people.

Art. III. It is hereby stipulated and agreed, on the part of the paff tonth<T creek
United States, as a full consideration for the land ceded by the Creek nation,
nation in the first article, as well as by permission granted for a horse
path through their country, and the occupancy of the reserved tract,
at the old Ocmulgee fields, that there shall be paid annually to the
Creek nation, by the United States for the term of eight years, twelve
thousand dollars in money or goods, and implements of husbandry,
at the option of the Creek nation, seasonably signified from time to
time, through the agent of the United States, residing with said nation,
to the department of war; and eleven thousand dollars shall be paid
in like manner, annually, for the term of the ten succeeding years,
making in the whole, eighteen payments in the course of eighteen
years, without interest: The first payment is to be made as soon as
practicable after the ratification of this convention by the government
of the United States, and each payment shall be made at the reserved
tract, on the old Ocmulgee fields.

Art. IV. And it is hereby further agreed, on the part of the United p^ckaniths^to ^be
States, that in lieu of all former stipulations relating to blacksmiths, pense of united states"
they will furnish the Creek nation for eight years, with two black¬
smiths and two strikers.

Art. V. The President of the United States may cause the line to th^inte.^ b|tcrun
be run from the high shoals of Apalacha, to the mouth of Ulcofau- scribedby the’prest
hatche, at such time, and in such manner, as he may deem proper, and dent
this convention shall be obligatory on the contracting parties as soon
as the same shall have been ratified by the government of the United
States.

TREATY WITH THE CHOCTAWS, 1805.

A Treaty of Limits between the United States of America and the Noy • 16> 1805-

ChoMaw Nation of Indians. 7 stat., 98. _

Thomas Jefferson, President of the United States of America, by 25, isos. 0 ’ e '
James Robertson, of Tennessee, and Silas Dinsmoor, of New Hamp¬
shire, agent of the United States to the Chaktaws, commissioners pleni¬
potentiary of the United States, on the one part, and the Mingoes,

Chiefs and warriors of the Chaktaw nation, of Indians, in council
assembled, on the other part, have entered into the following agree¬
ment, viz:

Article I. The Mingoes, chiefs, and warriors of the Chaktaw nation tede|tites to the Uni‘
of Indians in behalf of themselves, and the said nation, do by these a es'
presents cede to the United States of America, all the lands to which
they now have or ever had claim, lying to the right of the following
lines, to say. Beginning at a branch of the Humacheeto where the
same is intersected by the present Chaktaw boundary, and also by the
path leading from Natchez to the county of Washington, usually called
M’Clarey’s path, thence eastwardly along M’Clarey’s path, to the east
or left bank of Pearl river, thence on such a direct line as would touch
the lower end of a bluff on the left bank of Chickasawhay river the first
above the Hiyoowannee towns, called Broken Bluff, to a point within
four miles of the Broken Bluff, thence in a direct line nearly parallel
with the river to a point whence an east line of four miles in length
will intersect the river below the lowest settlement at present occupied

TREATY WITH THE CHOCTAWS, 1805.

Reservation.

Consideration.

Payment to certain
Indians for past serv¬
ices.

and improved in the Hiyoowannee town, thence still east four miles,
thence in a direct line nearly parallel with the river to a point on a line
to be run from the lower end of the Broken Bluff to Faluktabunnee on
the Tombigbee river four miles from the Broken Bluff, thence along
the said line to Faluktabunnee, thence east to the boundary between the
Creeks and Chaktaws on the ridge dividing the waters running into the
Alabama from those running into Tombigbee, thence southwardly along
the said ridge and boundary to the southern point of the Chaktaw claim.
Reserving a tract of two miles square run on meridians and parallels
so as to include the houses and improvements in the town of Fuketchee-
poonta, and reserving also a tract of five thousand one hundred and
twenty acres, beginning at a post on the left bank of Tombigbee river
opposite the lower end of Hatchatigbee Bluff, thence ascending the river
four miles front and two back one half, for the use of Alzira, the other
half for the use of Sophia, daughters of Samuel Mitchell, by Molly, a
Chaktaw woman. The latter reserve to be subject to the same laws
and regulations as may be established in the circumjacent country; and
the said Mingoes of the Chaktaws, request that the government of the
United States may confirm the title of this reserve in the said Alzira
and Sophia.

Art. II. For and in consideration of the foregoing cession on the
part of the Chaktaw nation, and in full satisfaction for the same, the
commissioners of the United States, do hereby covenant, and agree with
the said nation in behalf of the United States, that the said States shall
pay to the said nation fifty thousand five hundred dollars, for the fol¬
lowing purposes, to wit:

Forty eight thousand dollars to enable the Mingoes to discharge the
debt due to their merchants and traders; and also to pay for the depre¬
dations committed on stock, and other property by evil disposed persons
of the said Chaktaw nation ; two thousand five hundred dollars to be
paid to John Pitchlynn, to compensate him for certain losses sustained
in the Chaktaw country, and as a grateful testimonial of the nations
esteem. And the said States shall also pay annually to the said Chak¬
taws, for the use of the nation, three thousand dollars in such goods (at
neat cost of Philadelphia) as the Mingoes may choose, they giving at
least one year’s notice of such choice.

Art. III. The commissioners of the United States, on the part of the
said States, engage to give to each of the three great Medal Mingoes,
Pukshunubbee-Mingo, Hoomastubbee, and Pooshamattaha,five hundred
dollars in consideration of past services in their nation, and also to pay
to each of them an annuity of one hundred and fifty dollars during their
continuance in office. It is perfectly understood, that neither of those
great Medal Mingoes is to share any part of the general annuity of the
nation.

M’Grewf1 of John Art- TV. The Mingoes, chiefs, and warriors of the Chaktaws, certify
that a tract of land not exceeding fifteen hundred acres, situated
between the Tombigbee river and Jackson’s creek, the front or river
line extending down the river from a blazed white oak standing on the
left bank of the Tombigbee near the head of the shoal, next above
Hobukentoopa, and claimed by John M’Grew was in fact granted to
the said M’Grew by Opiomingo Hesnitta, and others, many years ago,
and they respectfully request the government of the United States to
establish the claim of the said M’Grew to the said fifteen hundred acres.

Boundaries. Art. V. The two contracting parties covenant and agree that the

boundary as described in the second [first] article shall be ascertained
and plainly marked, in such way and manner as the President of the
United States may direct, in the presence of three persons to beappointed
by the said nation; one from each of the great medal districts, each of
whom shall receive for this service two dollars per day during his actual
attendance, and the Chaktaws shall have due and seasonable notice of
the place where, and time when, the operation shall commence.

TREATY WITH THE PI ANK ASHA WS , 1805.

Art. VI. The lease granted for establishments on the roads leading
through the Chaktaw country, is hereby confirmed in all its conditions,
and, except in the alteration of boundary, nothing in this instrument
shall affect or change any of the pre-existing obligations of the contract¬
ing parties.

Art. VII. This treaty shall take effect and become reciprocally obliga¬
tory so soon as the same shall have been ratified by the President of
the United States of America, by and with the advice and consent of
the Senate of the United States.

A certain former
grant confirmed.

When to take effect.

TREATY WITH THE PIANKASHAWS, 1805.

A treaty between the United States of America and the Piankishaw Dec. 30, isos.

tribe of Indians. 7stat.,ioo.

Proclamation, May

Articles of a treaty made at Vincennes, in the Indiana territory, Ratified May 22,
between William Henry Harrison, governor of the said territory, super- 1807 '
intendent of Indian affairs, and commissioner plenipotentiary of the
United States, for concluding any treaty or treaties which may be
found necessary with any of the Indian tribes north west of the Ohio,
of the one part, and the chiefs and head men of the Piankishaw tribe,
of the other part.

Art. I. The Piankishaw tribe cedes and relinquishes to the United cession to the
States for ever, all that tract of country (with the exception of the res- Umted States-
ervation hereinafter made) which lies between the Wabash and the
tract ceded by the Kaskaskia tribe, in the year one thousand eight
hundred and three, and south of a line to be drawn from the north
west corner of the Vincennes tract, north seventy eight degrees west,
until it intersects the boundary line which has heretofore separated
the lands of the Piankeshaws from the said tract ceded by the Kaskas¬
kia tribe.

Art. II. The United States take the Piankishaw tribe under their united States take
immediate care and patronage, and will extend to them a protection as Sr tS?proS?on.n'
effectual as that which is enjoyed by the Kaskaskia tribe; and the said
Piankishaw tribe will never commit any depredations or make war upon
any of the other tribes without the consent of the United States.

Art. III. The said United States will cause to be delivered to the Additional annuity.
Piankishaws yearly, and every year, an additional annuity of three
hundred dollars, which is to be paid in the same manner, and under
the same conditions as that to which they are entitled by the treaty of
Greenville: Provided always, That the IJnited States may, at any time Proviso>
they shall think proper, divide the said annuity amongst the individ¬
uals of the said tribe.

Art. IV. The stipulations made in the preceding articles, together Preceding stipuia-
with the sum of one thousand one. hundred dollars, which is now SderefainUcomS-'
delivered, the receipt whereof the said chiefs do herebv acknowledge, sati?n for the above
is considered a full compensation for the cession and relinquishment cession'
above mentioned.

Art. V. As long as the lands now ceded, remain the property of the Indians to have the
United States, the said tribe shall have the privilege of living and It^ oniandshcededg’
hunting upon them, in the same manner that they have heretofore
done; and they reserve to themselves the right of locating a tract of
two square miles, or twelve hundred and eighty acres, the fee of which
is to remain with them for ever.

Art. VI. This treaty shall be in force as soon as it shall be ratified when to be in force,
by the President of the United States, by and with the advice and con¬
sent of the Senate.

S. Doc. 452 - 5

Jan. 7, 1806.

7 Stat., 101.
Proclamation, May
23, 1807.

Ratified May 22,
1807.

Cession of territory.

Payment to Chero-
kees.

TREATY WITH THE CHEROKEES, 1806.

A convention between the United States and the Cherokee nation of

Indians , concluded at the city of Washington , on the seventh day of

January , in the year one thousand eight hundred and six.

Articles of a Convention made between Henry Dearborn, secretary
of war, being- specially authorized thereto by the President of the
United States, and the undersigned chiefs and head men of the Chero¬
kee nation of Indians, duly authorized and empowered by said nation.

Article I.

The undersigned chiefs and head men of the Cherokee nation of
Indians, for themselves and in behalf of their nation, relinquish to the
United States all right, title, interest and claim, which they or their
nation have or ever had to all that tract of country which lies to the
northward of the river Tennessee and westward of a line to be run from
the upper part of the Chickasaw Old Fields, at the upper point of an
island, called Chickasaw island, on said river, to the most easterly head
waters of that branch of said Tennessee river called Duck river, except¬
ing the two following described tracts, viz. one tract bounded south¬
erly on the said Tennessee river, at a place called the Muscle Shoals,
westerty by a creek called Te Kee, ta, no-eh or Cyprus creek, and easterly
by Chu, wa, lee, or Elk river or creek, and northerly by a line to be
drawn from a point on said Elk river ten miles on a direct line from
its mouth or junction with Tennessee river, to a point on the said
Cyprus Creek, ten miles on a direct line from its junction with the
Tennessee river.

The other tract is to be two miles in width on the north side of Ten¬
nessee river, and to extend northerly from that river three miles, and
bounded as follows, viz. beginning at the mouth of Spring Creek, and
running up said creek three miles on a straight line, thence westerly
two miles at right angles with the general course of said creek, thence
southerly on a line parallel with the general course of said creek to the
Tennessee river, thence up said river by its waters to the beginning:
which first reserved tract is to be considered the common property of
the Cherokees who now live on the same; including John D. Chesholm,
Au, tow, we and Cheh Chuh, and the other reserved tract on which
Moses Melton now lives, is to be considered the property of said Mel¬
ton and of Charles Hicks, in equal shares.

And the said chiefs and head men also agree to relinquish to the
United States all right or claim which they or their nation have to what
is called the Long Island in Holston river.

Article II.

The said Henry Dearborn on the part of the United States hereby
stipulates and agrees that in consideration of the relinquishment of title
by the Cherokees, as stated in the preceding article, the United States
will pay to the Cherokee nation two thousand dollars in money as soon
as this convention shall be duly ratified by the government of the United
States; and two thousand dollars in each of the four succeeding years,
amounting in the whole to ten thousand dollars; and that a grist mill
shall within one 3Tear from the date hereof, be built in the Cherokee
country, for the use of the nation, at such place as shall be considered
most convenient; that the said Cherokees shall be furnished with a
machine for cleaning cotton; and also, that the old Cherokee chief,
called the Black Fox, shall be paid annually one hundred dollars by the
United States during his life.

TREATY WITH THE CHEROKEES, 1806.

Article III.

It is also agreed on the part of the United States, that the govern¬
ment thereof will use its influence and best endeavors to prevail on the
Chickasaw nation of Indians to agree to the following boundary between
that nation and the Cherokees to the southward of the Tennessee river,
viz. beginning at the mouth of Caney Creek near the lower part of the
Muscle Shoals, and to run up said creek to its head, and in a direct
line from thence to the Flat Stone or Rock, the old corner boundary.

But it is understood by the contracting parties that the United States
do not engage to have the aforesaid line or boundary established, but
only to endeavor to prevail on the Chickasaw nation to consent to such
a line as the boundary between the two nations.

Article IV.

It is further agreed on the part of the United States that the claims
which the Chickasaws may have to the two tracts reserved by the first
article of this convention on the north side of the Tennessee river, shall
be settled by the United States in such manner as will be equitable,
and will secure to the Cherokees the title to the said reservations.

Elucidation of a convention with the Cherokee Nation.

Whereas, by the first article of a convention between the United
States and the Cherokee nation, entered into at the city of W ashing-
ton, on the seventh day of January, one thousand eight hundred and
six, it was intended on the part of the Cherokee nation, and so under¬
stood by the Secretary of War, the commissioner on the part of the
United States, to cede to the United States all the right, title and
interest which the said Cherokee nation ever had to a tract of country
contained between the Tennessee river and the Tennessee ridge (so
called) ; which tract of country had since the year one thousand- seven
hundred and ninety four, been claimed by the Cherokees and Chicka¬
saws: the eastern boundary whereof is limited by a line so to be run
from the upper part of the Chickasaw Old Fields, as to include all the
waters of Elk river, any .thing expressed in said convention to the
contrary notwithstanding. It is therefore now declared by James
Robertson and Return J. Meigs, acting under the authority of the
executive of the United States, and by a delegation of Cherokee chiefs,
of whom Eunolee or Black Fox, the king or head chief of said Chero¬
kee nation, acting on the part of, and in behalf of said nation, is one,
that the eastern limits of said ceded tract shall be bounded by a line
so to be run from the upper end of the Chickasaw Old Fields, a little
above the upper point of an island, called Chickasaw Island, as will
most directly intersect the first waters of Elk river, thence carried to
the Great Cumberland mountain, in which the waters of Elk river
have their source, then along the margin of said mountain until it
shall intersect lands heretofore ceded to the United States, at the said
Tennessee ridge. And in consideration of the readiness shown by the
Cherokees to explain, and to place the limits of the land ceded by the
said convention out of all doubt; and in consideration of their expenses
in attending council, the executive of the United States will direct
that the Cherokee nation shall receive the sum of two thousand dol¬
lars, to be paid to them by their agent, at such time as the said execu¬
tive shall direct, and that the Cherokee hunters, as hath been the
custom in such cases, may hunt on said ceded tract, until by the full¬
ness of settlers it shall become improper. And it is hereby declared
by the parties, that this explanation ought to be considered as a just
elucidation of the cession made by the first article of said convention.

United States to use
their influence with
the Chickasaws in
reference to a certain
boundary.

Further agreement.

Sept. 11, 1807.
7Stat., 10&
Proclamation, Apr.
22, 1808.

Eastern limits of the
tract granted by the
treaty of Jan. 7, 1806.

Nov. 17, 1807.

7 Stat., 105.
Proclamation, Jan.
27, 1808.

Consideration.

Cession.

Boundaries.

How the considera-
ation is to be appor¬
tioned and paid.

TREATY WITH THE OTTO WAS, ETC., 1807.

TREATY WITH THE 0TT0WAS, ETC., 1807.

Articles of a treaty made at Detroit, this seventeenth day of November ,
in the year of our Lord, one thousand eight hundred and seven , by
William Hull , governor of the territory of Michigan, and superin¬
tendent of Indian affairs , and sole commissions?' of the United States,
to conclude and sign a treaty or treaties , with the several ?iations of
In dians, n orth west of the river Ohio , on the one part, and the sach-
ems , chiefs , and warriors of the Ottoway, Chippeway, Wyandotte,

' and Pottawatomie nations of Indians, on the other part. To con¬
firm and perpetuate the fi'iendship, which happily subsists between
the United States and the nations aforesaid, to manifest the smcerity
of that friendship, and to settle arrangements mutually beneficial to
tie patties; after a full explanation and perfect understanding, the
following articles are agreed to, which, when ratified by the Presi¬
dent, by and with the advice and consent of the Senate of the United
States, shall be binding on them , and the respective nations of India?is.

Article I. The sachems, chiefs, and warriors of the nations afore¬
said, in consideration of money and goods, to be paid to the said
nations, by the government of the United States as hereafter stipu¬
lated; do hereby agree to cede and forever quit claim, and do in behalf
of their nations hereby cede, relinquish, and forever quit claim, unto
the said United States, all right, title, and interest, which the said
nations now have, or claim, or ever had, or claimed, in, or unto, the
lands comprehended within the following described lines and bound¬
aries: Beginning at the mouth of the Miami river of the lakes, and
running thence up the middle thereof, to the mouth of the great Au
Glaize river, thence running due north, until it intersects a parallel of
latitude, to be drawn from the outlet of lake Huron, which forms the
river Sinclair; thence running north east the course, that may be found,
will lead in a direct line, to White Rock, in lake Huron, thence due
east, until it intersects the bonndaiy line between the United States
and Upper Canada, in said lake, thence southwardly, following the
said boundary line, down said lake, through river Sinclair, lake St.
Clair, and the river Detroit, into lake Erie, to a point due east of the
aforesaid Miami river, thence west to the place of beginning.

Art. II. It is hereby stipulated and agreed on the part of the United
States, as a consideration for the lands, ceded by the nations afore¬
said, in the preceding article, that there shall be paid to the said
nations, at Detroit, ten thousand dollars, in monej", goods, implements
of husbandry, or domestic animals, (at the option of the said nations,
seasonably signified, through the superintendent of Indian affairs,
residing with "the said nations, to the department of war,) as soon as
practicable, after the ratification of the treaty, by the President,
with the advice and consent of the Senate of the United States;
of this sum, three thousand three hundred and thirty, three dollars
thirty three cents and four mills, shall be paid to the Ottoway nation,
three thousand three hundred and thirty three dollars thirty three
cents and four mills, to the Chippeway nation, one thousand six hun¬
dred sixty six dollars sixty six cents and six mills, to the Wyandotte
nation, one thousand six hundred sixty six dollars sixty six cents and
six mills, to the Pottawatamie nation, and likewise an annuity forever,
of two thousand four hundred dollars, to be paid at Detroit, in manner
as aforesaid: the first payment to be made on the first day of September
next, and to be paid to the different nations, in the following propor¬
tions: eight hundred dollars to the Ottaways, eight hundred dollars to
the Chippeways, four hundred dollars to the Wyandottes, and four
hundred dollars to such of the Pottawatamies, as now reside on the
river Huron of lake Erie, the river Raisin, and in the vicinity of the
said rivers.

TREATY WITH THE OS AGES, 1808.

Art. III. It is further stipulated and agreed, if at any time here¬
after, the said nations should be of the opinion, that it would be more
for their interest, that the annuity aforesaid should be paid by instal¬
ments, the United States will agree to a reasonable commutation for
the annuity, and pay it accordingly.

Art. IV. The United States, to manifest their liberality, and dispo¬
sition to encourage the said Indians, in agriculture, further stipulate,
to furnish the said Indians with two blacksmiths, one to reside with
the Chippeways, at Saguina, and the other to reside with the Cuta¬
ways, at the Miami, during the term of ten years; said blacksmiths
are to do such work for the said nations as shall be most useful to them.

Art. V. It is further agreed and stipulated, that the said Indian
nations shall enjoy the privilege of hunting and fishing on the lands
ceded as aforesaid, as long as they remain the property of the United
States.

Art. VI. It is distinctly to be understood, for the accommodation
of the said Indians, that the following tracts of land within the cession
aforesaid, shall be, and hereby are reserved to the said Indian nations,
one tract of land six miles square, on the Miami of lake Erie, above
Roche die Boeuf , to include the village, where Tondaganie , (or the
Dog) now lives. Also, three miles square on the said river, (above
the twelve miles square ceded to the United States by the treaty of
Greenville) including what is called Presque Isle ; also four miles square
on the Miami bay, including the villages where A leshkemaju and Wau-
gau now live; also, three miles square on the river Raisin , at a place
called Macon, and where the river Macon falls into the river Raizin ,
which place is about fourteen miles from the mouth of said river
Raizin; also, two sections of one mile square each, on the river Rouge ,
at Seg ins iwi'/is village; also two sections of one mile square each, at
TonquisKs village, near the river Rouge; also three miles square on
lake St. Clair, above the river Huron, to include Machoncds village;
also, six sections, each section containing one mile square, within the
cession aforesaid, in such situations as the said Indians shall elect,
subject, however, to the approbation of the President of the United
States, as to the places of location. It is further understood and
agreed, that whenever the reservations cannot conveniently be laid
out in squares, they shall be laid out in paralelograms, or other fig¬
ures, as found most practicable and convenient, so as to contain the
area specified in miles, and in all cases they are to be located in such
manner, and in such situations, as not to interfere with any improve¬
ments of the French or other white people, or any former cessions.

Art. VII. The said nations of Indians acknowledge themselves to
be under the protection of the United States, and no other power, and
will prove by their conduct that they are worthy of so great a blessing.

TREATY WITH THE OSAGES, 1808.

Articles of a treaty made and concluded at Fort Clark , on the right bank
of the Missouri , about five miles above the Fire Prairie , in the terri¬
tory of Louisiana, the tenth day of November, in the year of our Lord
one tfumsand eight hundred and eight , between Peter Chouteau , esquire,
agent for the Osage , and specially commissioned and instructed to enter
into the same by his excellency Meriwether Lewis, governor and super¬
intendent of Indian affairs for the territory aforesaid , in behalf of
the United States of America, of the one fart , and the chiefs and
warriors of the Great and Little Osage, for themselves and their nations
respectively , on the other part.

Art. 1. The United States being anxious to promote peace, friend¬
ship and intercourse with the Osage tribes, to afiord them every assist¬
ance in their power, and to protect them from the insults and injuries

United States will
agree to a reasonable
commutation lor the
annuity, &e.

United States to
supply the Indians
with blacksmiths.

Indians to have the
privilege of hunting,
&c., on lands ceded.

Reservations.

Indians acknowl¬
edge the protection of
the United States.

Nov. 10, 1808.

7 Stat., 107.

Ratified Apr. 28,
1810.

A fort to be built.

TREATY WITH THE OS AGES, 1808.

of other tribes of Indians, situated near the settlements of the white
people, have thought proper to build a fort on the right bank of the
Missouri, a few miles above the Fire Prairie, and do agree to garrison
the same with as many regular troops as the President of the United
States may, from time to time, deem necessary for the protection of
all orderly, friendly and well disposed Indians of the Great and Little
Osage nations, who reside at this place, and who do strictly conform
to, and pursue the counsels or admonitions of the President of the
United States through his subordinate officers.

a store of goods to Art. 2. The United States being also anxious that the Great and
be kept at the fort, Osage, resident as aforesaid, should be regularly supplied with

every species of merchandise, which their comfort may hereafte.
require, do engage to establish at this place, and permanently to con¬
tinue at all seasons of the }Tear, a well assorted store of goods, for the
purpose of bartering with them on moderate terms for their peltries
and furs.

a blacksmith, etc., Art. 3. The United States agree to furnish at this place, for the use
United statef16*1 by °f the Osage nations, a black-smith, and tools to mend their arms and
utensils of husbandry, and engage to build them a horse mill, or water
mill; also to furnish them with ploughs, and to build for the great
chief of the Great Osage, and for the great chief of the Little Osage,
a strong block house in each of their towns, which are to be established
near this fort.

Property stolen by Art. i. With a view to quiet the animosities which at present exist
acquismon of LouVsf- between the inhabitants of the territory of Louisiana, and the Osage
ana to be paid for by nations, in consequence .of the lawless depredations of the latter, the
the united states. Qnited States do further agree to pay to their own citizens, the full
value of such property as they can legally prove to have been stolen
or destroyed by the said Osage, since the acquisition of Louisiana by
the United States, provided the same does not exceed the sum of five
thousand dollars.

Merchandise to be Art. 5. In consideration of the lands relinquished by the Great and
Little Osage to the United States as stipulated in the sixth article of
this treaty, the United States promise to deliver at Fire Prairie, or at
St. Louis, yearly, to the Great Osage nation, merchandise to the
amount or value of one thousand dollars, and to the Little Osage
nation, merchandise to the amount or value of five hundred dollars,
reckoning the value of said merchandise at the first cost thereof, in the
city or place in the United States, where the same shall have been
procured.

Money paid And in addition to the merchandise aforesaid, the United States

have, at and before the signature of these articles, paid to the Great
Osage nation, the sum of eight hundred dollars, and to the Little
Osage nation, the sum of four hundred dollars.

Boundary line es- Art. 6. And in consideration of the advantages which we derive
from the stipulations contained in the foregoing articles, we, the chiefs
and warriors of the Great and Little Osage, for ourselves and our
nations respectively, covenant and agree with the United States, that
the boundary line between our nations and the United States shall be
as follows, to wit: beginning at fort Clark, on the Missouri, five miles
above Fire Prairie, and running thence a due south course to the river
Arkansas, and down the same to the Mississippi; hereby ceding and
relinquishing foi'ever to the United States, all the lands which lie east
of the said line, and north of the southwardly bank of the said river
Arkansas, and all lands situated northwardly of the river Missouri.
And we do further cede and relinquish to the United States forever, a
tract of two leagues square, to embrace fort Clark, and to be laid off in
such manner as the President of the United States shall think proper.

Lines to be run by Art. 7. And it is mutually agreed by the contracting parties, that
the boundary lines hereby established, shall be run and marked at the
expense of the United States, as soon as circumstances or their con-

TREATY WITH THE OSAGES, 1808.

venience will permit; and the Great and Little Osage promise to
depute two chiefs from each of their respective nations, to accompany
the commissioner, or commissioners who may be appointed on the part
of the United States, to settle and adjust the said boundary line.

Art. 8. And the United States agree that such of the Great and Hunting ground.
Little Osage Indians, as may think proper to put themselves under
the protection of fort Clark, and who observe the stipulations of this
treaty with good faith, shall be permitted to live and to hunt, without
molestation, on all that tract of country, west of the north and south
boundary line, on which they, the said Great and Little Osage, have
usually hunted or resided: Provided , The same be not the hunting
grounds of any nation or tribe of Indians in amity with the United
States; and on any other lands within the territory of Louisiana,
without the limits of the white settlements, until the United States
may think proper to assign the same as hunting grounds to other
friendly Indians.

Art. 9. Lest the friendship which is now established between the injuries, how to be
United States and the said Indian nations should be interrupted by the fSheVd.nted and pun~
misconduct of individuals, it is hereby agreed that for injuries done by
individuals, no private revenge or retaliation shall take place, but
instead thereof complaints shall be made by the party injured to the
other, by the said nations or either of them, to the superintendent or
other person appointed by the President to the chiefs of the said nation;
and it shall be the duty of the said chiefs, upon complaints being made
as aforesaid, to deliver up the person or persons against whom the com¬
plaint is made, to the end that he or they may be punished agreeably
to the laws of the state or territory, where the offence may have been
committed; and in like manner, if any robbery, violence or murder
shall be committed on any Indian or Indians belonging to either of
said nations, the person or persons so offending shall be tried, and if
found guilty, shall be punished in like manner as if the injury had
been done to a white man. And it is agreed that the chiefs of the
Great and Little Osage, shall to the utmost of their power exert them¬
selves to recover horses or other property which may be stolen from
any citizen or citizens of the United States, by any individual or indi¬
viduals of either of their nations; and the property so recovered shall
be forthwith delivered to the superintendent or other person author¬
ised to receive it, that it may be restored to the proper owner; and in
cases where the exertions of the chiefs shall be ineffectual in recover¬
ing the property stolen as aforesaid, if sufficient proof can be adduced
that such property was actually stolen by any Indian or Indians
belonging to the said nations, or either of them, the superintendent,
or other proper officer, may deduct from the annuity of the said
nations respectively a sum equal to the value of the property which
has been stolen. And the United States hereby guarantee to any
Indian or Indians of the said nations respectively, a full indemnifica¬
tion for any horses or other property which may be stolen from them
by any of their citizens : Provided , That the property so stolen can¬
not be recovered, and that sufficient proof is produced that it was
actually stolen by a citizen of the United States. And the said nations
of the Great and Little Osage engage, on the requisition or demand of
the President of the United States, or of the superintendent, to deliver
up any white man resident among them.

Art. 10. The United States receive the Great and Little Osage os&ges r^vea in-
nations into their friendship and under their protection; and the said tL^niteTstate^ °f
nations, on their part, declare that they will consider themselves under
the protection of no other power whatsoever; disclaiming all right to
cede, sell or in any manner transfer their lands to any foreign power,
or to citizens of the United States or inhabitants of Louisiana, unless
duly authorized by the President of the United States to make the
said purchase or accept the said cession on behalf of the government.

TREATY WITH THE CHIPPEWAS, ETC., 1808.

Protection of the
Indian hunting
grounds.

Osages will not sup¬
ply arms to Indians
not in amity with the
United States.

Treaty, when to take
effect.

Nov. 25, 1808.

7 Stat.,112.
Proclamation, Mar.

’ Ratified Mar. 1, 1809.

Preamble.

A tract of land
granted for a road.

Art. 11. And if any person or persons, for hunting or other pur¬
pose, shall pass over the boundary lines, as established by this treaty,
into the country reserved for the Great and Little Osage nations,
without the license of the superintendent or other proper officer, the}r,
the said Great and Little Osage, or either of them, shall be at liberty
to apprehend such unlicensed hunters or other persons, and surrender
them together with their property, but without other injury, insult
or molestation, to the superintendent of Indian affairs, or to the agent
nearest the place of arrest, to be dealt with according to law.

Art. 12. And the chiefs and warriors as aforesaid, promise and
engage that neither the Great nor Little Osage nation will ever, by
sale, exchange or as presents, supply any nation or tribe of Indians,
not in amity with the United States, with guns, ammunitions or other
implements of war.

Art. 13. This treaty shall take effect and be obligatory on the con¬
tracting parties, as soon as the same shall have been ratified by the
President, by and with the advice and consent of the Senate of the
United States.

TREATY WITH THE CHIPPEWAS, ETC., 1808.

Articles of a treaty made and concluded at Brownstown , in the territory
of Michigan, between William Hull , governor of the said territory ,
superintendant of Indian affairs , and commissioner plenipotentiary
of the United States of America, for concluding any treaty or treaties,
which may be found necessary , with any of the Indian tribes, North
West of the river Ohio , of the one part, and the Sachems , Chiefs,
and Warriors of the Chippewa, Ottawa, Pottarwatamie, Wyandot,
and Sliawanoese nations of Indians, of the other part.

Article I. Whereas by a treaty concluded at Detroit, on the sev¬
enteenth day of November, in the year of our Lord one thousand eight
hundred and seven, a tract of land lying to the West and North of the
river Miami, of Lake Erie, and principally within the territory of
Michigan, was ceded by the Indian nations, to the United States; and
whereas the lands lying on the south eastern side of the said river
Miami, and between said river, and the boundary lines established by
the treaties of Greenville and Fort Industry, with the exception of a
few small reservations to the United States, still belong to the Indian
nations, so that the United States cannot, of right, open and maintain
a convenient road from the settlements in the state of Ohio, to the
settlements in the territory of Michigan, nor extend those settlements
so as to connect them; in order therefore to promote this object, so
desirable and evidently beneficial to the Indian nations, as well as to
the United States, the parties have agreed to the following articles,
which when ratified by the President of the United States, by and with
the advice and consent of the Senate thereof, shall be reciprocally
binding.

Article II. The several nations of Indians aforesaid, in order to
promote the object mentioned in the preceding article, and in consid¬
eration of the friendship they bear towards the United States, for the
liberal and benevolent policy, which has been practised towards them
by the government thereof, do hereby give, grant, and cede, unto the
said United States, a tract of land for a road, of one hundred and
twenty feet in width, from the foot of the rapids of the river Miami
of Lake Erie, to the western line of the Connecticut reserve, and all
the land within one mile of the said road, on each side thereof, for the
purpose of establishing settlements along the same; also a tract of
land, for a road only, of one hundred and twenty feet in width, to

TEEATY WITH THE DELAWARES, ETC., 1809.

run southwardly from what is called Lower Sandusky, to the boundary
line established by the treaty of Greenville, with the privilege of
taking at all times, such timber and other materials, from the adjacent
lands as may be necessary for making and keeping in repair the said
road, with the bridges that may be required along the same.

Article III. It is agreed, that the lines embracing the lands, given united8 sutes. run by
and ceded by the preceding article, shall be run in such directions, as
may be thought most advisable by the President of the United States
for the purposes aforesaid.

Article IV. It is agreed, that the said Indian nations shall retain aildnShRfg0on'U]an^
the privilege of hunting and fishing on the lands given and ceded as ceded,
above, so long as the same shall remain the property of the United
States.

Article V. The several nations of Indians aforesaid, do again ed^e^proteenon0^
acknowledge themselves to be under the protection of the United united states.
States, and of no other sovereign; and the United States on their part
do renew their covenant, to extend protection to them according to
the intent and meaning of stipulations in former treaties.

TREATY WITH THE DELAWARES, ETC., 1809.

A treaty between the United States of America, and the tribes of Indians sept. 30, lm

called the Delawares , Putawatimies. Miamies and Eel River Miamies. 7 stat., 113.

Proclamation, Jan.

James Madison, President of the United States, by William Henry
Harrison, governor and commander-in-chief of the Indiana territory,
superintendent of Indian affairs, and commissioner plenipotentiary of
the United States for treating with the said Indian tribes, and the
Sachems, Head men and Warriors of the Delaware, Putawatame,

Miami and Eel River tribes of Indians, have agreed and concluded upon
the following treaty; which, when ratified by the said President, with
the advice and consent of the Senate of the U nited States, shall be
binding on said parties.

Art. 1st. The Miami and Eel River tribes, and the Delawares and cession of lands.
Putawatimies, as their allies, agree to cede to the United States all that
tract of country which shall be included between the boundary line
established by the treaty of Eort Wayne, the Wabash, and a line to be
drawn from the mouth of a creek called Racoon Creek, emptying into
the Wabash, on the south-east side, about twelve miles below the mouth
of the Vermilion river, so as to strike the boundary line established by
the treaty of Grouseland, at such a distance from its commencement at
the north-east corner of the Vincennes tract, as will leave the tract now
ceded thirty miles wide at the narrowest place. And also all that tract
which shall be included between the following boundaries, viz: begin¬
ning at Fort Recovery, thence southwardly along the general boundary
line, established by the treaty of Greenville, to its intersection with
the boundary line established by the treaty of Grouseland; thence along
said line to a point from which a line drawn parallel to the first men¬
tioned line will be twelve miles distant from the same, and along the
said parallel line to its intersection with a line to be drawn from Fort
Recovery, parallel to the line established by the said treaty of Grouse¬
land.

Art. 2d. The Miamies explicitly acknowledge the equal right of the D®2war^g: acknowf
Delawares with themselves to the country watered by the White river, edged. ow "

Hut it is also to be clearly understood that neither party shall have the
right of disposing of the same without the consent of the other: and
any improvements which shall be made on the said land by the Dela¬
wares, or their friends the Mochecans, shall be theirs forever.

Art. 3d. The compensation to be given for the cession made in the compensation,
first article shall be as follows, viz: to the Delawares a permanent

SUPPLEMENTARY TREATY WITH THE MIAMIES, ETC., 1809.

annuity of five hundred dollars; to the Miamies a like annuity of five
hundred dollars; to the Eel river tribe a like annuity of two hundred
and fifty dollars; and to the Putawatimies a like annuity of five hun¬
dred dollars.

^Manner of paying Art. 4th. All the stipulations made in the treaty of Greenville, rela¬
tively to the manner of paying the annuities, and the right of the
Indians to hunt upon the land, shall apply to the annuities granted and
the land ceded by the present treaty.

trn)<erenuiredtlie Wea Art. 5th. The consent of the Wea tribe shall be necessary to com¬
plete the title to the first tract of land here ceded; a separate conven¬
tion shall be entered into between them and the United States, and a
reasonable allowance of goods given them in hand, and a permanent
annuity, which shall not be less than three hundred dollars, settled
upon them.

conSderedS’fun ’com6 Art. 6th. The annuities promised by the third article, and the goods

pensation. u com now delivered to the amount of five thousand two hundred dollars,
shall be considered as a full compensation for the cession made in the
first article.

Regulations to pre¬
vent trespasses.

Relinquishment by
United States.

Kickapoos.

Art. 7th. The tribes who are parties to this treaty being desirous of
putting an end to the depredations which are committed by abandoned
individuals of their own color, upon the cattle, horses, &c. of the more
industrious and careful, agree to adopt the following regulations, viz:
when any theft or other depredation shall be committed by any indi¬
vidual or individuals of one of the tribes above mentioned, upon the
property of any individual or individuals of another tribe, the chiefs
of the party injured shall make application to the agent of the United
States, who is charged with the delivery of the annuities of the tribe
to which the offending party belongs, whose duty it shall be to hear
the proofs and allegations on either side, and determine between them :
and the amount of his award shall be immediately deducted from the
annuity of the tribe to which the offending party belongs, and given
to the person injured, or to the chief of his village for his use.

Art. 8th. The United States agree to relinquish their right to the
reservation, at the old Ouroctenon towns, made by the treaty of
Greenville, so far at least as to make no further use of it than for the
establishment of a military post.

Art. 9th. The tribes who are parties to this treaty, being desirous
to show their attachment to their brothers the Kickapoos, agree to
cede to the United States the lands on the north-west side of the

Wabash, from the Vincennes tract to a northwardly extention of the
line running from the mouth of the aforesaid Raccoon creek, and
fifteen miles in width from the Wabash, on condition that the United
States shall allow them an annuity of four hundred dollars. But this
article is to have no effect unless the Kickapoos will agree to it.

SUPPLEMENTARY TREATY WITH THE MIAMIES, ETC., 1809.

Sept. 30, 1809.

7 Stat., 115.
Proclamation Jan.
16, 1810.

A separate article entered into at fort Wayne, on the thirtieth day of
September , in the year of our Lord one thousand eight hundred and
nine, between William Henry Harrison, commissioner plenipotentiary
of the United States for treating with the Indian tribes , and the
Sachems and chief warriors of the Miami and Eel river tribes of
Indians, which is to be considered as forming part of the treaty this
day concluded between the United States and the said tribes, and their
allies the Delawares and Putawatimies.

As the greater part of the ’ands ceded to the United States, by the
treaty this day concluded, was the exclusive property of the Miami
nation and guaranteed to them by the treaty of Grouseland, it is con¬
sidered by the said commissioner just and reasonable that their request

TREATY WITH THE KICKAPOOS, 1809.

to be allowed some further and additional compensation should be

complied with. It is therefore agreed that the United States shall saUontoThe Smis"

deliver for their use, in the course of the next spring at fort Wayne,

domestic animals to the amount of five hundred dollars, and the like

number for the two following years, and that an armoree shall be also

maintained at fort Wayne for the use of the Indians as heretofore. It t0FthrehMiamis0^wease

is also agreed that if the Kickapoos confirm the ninth article of the and Eel Rivers.

treaty to which this is a supplement, the United States will allow to

the Meamies a further permanent annuity of two hundred dollars, and

to the Wea and Eel river tribes a further annuity of one hundred

dollars each.

TREATY WITH THE WEAS, 1809.

A convention entered into at Vincennes , in the Indiana territory , between 0ct~ 26, 1809~ _

William Henry Harrison , commissioner plenipotentiary of the United Ratffledjan 2 1810

States, for treatinq with the Indian tribes north-west of the Ohio and Proclamation ’ Jan.

the Wea tribe. ' 25’1810'

The said tribe, by their Sachems and head warriors, hereby declare tr^ty ofSepTwisw
their full and free consent to the treaty concluded at fort W ayne, on the
thirtieth ultimo, by the above mentioned commissioner, with the Dela¬
ware, Miami, Putawatimie, and Eel river tribes; and also to the sepa¬
rate article entered into on the same day with the Miami and Eel river
tribes. And the said commissioner, on the part of the United States,
agrees to allow the said Indian tribe an additional annuity of three
hundred dollars, and a present sum of fifteen hundred dollars, in con¬
sideration of the relinquishment made in the first article of said treaty;
and a further permanent annuity of one hundred dollars, as soon as the
Kickapoos can be brought to give their consent to the ninth article of
said treaty.

TREATY WITH THE KICKAPOOS, 1809.

A treaty between the United States of America and the Kickapoo tribe Dec. 9, 1809
of Indians . 7 stat., 117.

' Ratified Mar. 5, 1810.

William Henry Harrison, governor of the Indiana territory and 8, i8io.lamatlon Mar'
commissioner plenipotentiary of the United States for treating with
the Indian tribes north west of the Ohio, and the Sachems and war
chiefs of the Kickapoo tribe, on the part of said tribe, have agreed on
the following articles, which, when ratified by the President, by and
with the advice of the Senate, shall be binding on said parties.

Art. 1. The ninth article of the treaty concluded at Fort Wayne on Kickapoos agree to
the thirtieth of September last, and the cession it containes is hereby ofCs^a3o!ei8o°9.treaty
agreed to by the Kickapoos, and a permanent additional annuity of
four hundred dollars, and goods to the amount of eight hundred dol¬
lars, now delivered, is to be considered as a full compensation for the
said cession.

Art. 2. The said tribe further agrees to cede to the United States cession to the
all that tract of land which lies between the tract above ceded, the United States-
Wabash, the Vermillion river, and a line to be drawn from the North
corner of the said ceded tract, so as to strike the Vermilion river at
the distance of twenty miles in a direct line from its mouth. For this
cession a further annuity of one hundred dollars, and the sum of
seven hundred dollars in goods now delivered, is considered as a full
compensation. But if the Miamies should not be willing to sanction
the latter cession, and the United States should not think proper to
take possession of the land without their consent, they shall be released
from the obligation to pay the additional annuity of one hundred
dollars.

TREATY WITH THE WYANDOTS, ETC. , 1814.

Manner of paying
annuity.

July 22, 1814.

7 Stat., 118.

Ratified, Dec. 13,
1814.

Proclamation, Dec.
21, 1814.

Peace given to the
Miami nation, etc.

Aid to be given to
United States in the
war with Great Brit¬
ain.

Protection of United
States acknowledged.

United States will
establish the bound¬
aries, etc.

Art. 3. The stipulations contained in the treaty of Greenville, rela¬
tively to the manner of paying the annuity and of the right of the
Indians to hunt upon the land, shall apply to the annuity granted and
the land ceded by the present treaty.

TREATY WITH THE WYANDOTS, ETC., 1814.

A treaty of peace and friendship between the United States of America,

and the tribes of Indians called the Wyandots , Delawares , Shawanoese ,

Senecas , and Miam.ies.

The said United States of America, by William Henry Harrison,
late a major general in the army of the United States, and Lewis Cass,
governor of the Michigan territory, duly authorized and appointed
commissioners for the purpose, and the said tribes, by their head men,
chiefs, and warriors, assembled at Greenville, in the state of Ohio, have
agreed to the following articles, which, when ratified by the president
of the United States, by and with the advice and consent of the Senate
thereof, shall be binding upon them and the said tribes.

Article I.

The United States and the Wyandots, Delawares, Shawanoese, and
Senecas, give peace to the Miamie nation of Indians, formerly desig¬
nated as the Miamie Eel River and Weea tribes; they extend this
indulgence also to the bands of the Putawatimies, which adhere to the
Grand Sachem Tobinipee, and to the chief Onoxa, to the Ottawas of
Blanchard’s creek, who have attached themselves to the Shawanoese
tribe, and to such of the said tribe as adhere to the chief called the
Wing, in the neighborhood of Detroit, and to the Kickapoos, under
the direction of their chiefs who sign this treaty.

Article II.

The tribes and bands abovementioned, engage to give their aid to the
United States in prosecuting the war against Great-Britain, and such
of the Indian tribes as still continue hostile; and to make no peace
with either without the consent of the United States. The assistance
herein stipulated for, is to consist of such a number of their warriors
from each tribe, as the president of the United States, or any officer
having his authorit}^ therefor, may require.

Article III.

The Wyandot tribe, and the Senecas of Sandusky and Stony Creek,
the Delaware and Shawanoese tribes, who have preserved their fidelity
to the United States throughout the war, again acknowledge themselves
under the protection of the said states, and of no other power what¬
ever; and agree to aid the United States, in the manner stipulated for
in the former article, and to make no peace but with the consent of
the said states.

Article IV.

In the event of a faithful performance of the conditions of this
treaty, the United States will confirm and establish all the boundaries
between their lands and those of the Wyandots, Delawares, Shaw¬
anoese and Miamies, as they existed previously to the commencement
of the war.

TREATY WITH THE CREEKS, 1814.

Articles of agreement and capitulation , made and concluded this ninth Aug. 9, isi4.
day of August , one thousand eight hundred and fourteen , between 7 stat., 120.
major general Andreio Jackson , on behalf of the President of the 16, i8i5.ama n’
United States of. America , and the chiefs, deputies, and warriors .

of the Creek Nation .

Whereas an unprovoked, inhuman, and sanguinary war, waged by
the hostile Creeks against the United States, hath been repelled, prose¬
cuted and determined, successfully, on the part of the said States, in
conformity with principles of national justice and honorable warfare —

And whereas consideration is due to the rectitude of proceeding dictated
by instructions relating to the re-establishment of peace: Be it remem¬
bered, that prior to the conquest of that part of the Creek nation
hostile to the United States, numberless aggressions had been com¬
mitted against the peace, the property, and the lives of citizens of the
United States, and those of the Creek nation in amity with her, at the
mouth of Duck river, Fort Mimms, and elsewhere, contrary to national
faith, and the regard due to an article of the treaty concluded at New-
York, in the year seventeen hundred ninety, between the two nations:

That the United States, previously to the perpetration of such out¬
rages, did, in order to ensure future amity and concord between the
Creek nation and the said states, in conformity with the stipulations
of former treaties, fulfil, with punctuality and good faith, her engage¬
ments to the said nation: that more than two-thirds of the whole num¬
ber of chiefs and warriors of the Creek nation, disregarding the
genuine spirit of existing treaties, suffered themselves to be instigated
to violations of their national honor, and the respect due to a part of
their own nation faithful to the United States and the principles of
humanity, by impostures [impostors,] denominating themselves Proph¬
ets, and by the duplicity and misrepresentation of foreign emissaries,
whose governments are at war, open or understood, with the United
States. Wherefore,

1st — The United States demand an equivalent for all expenses b Greeks
incurred in prosecuting the war to its termination, by a cession of all alentVthe expenses
the territory belonging to the Creek nation within the territories of of the war-
the United States, lying west, south, and south-eastwardty, of a line
to be run and described by persons duly authorized and appointed by
the President of the United States — Beginning at a point on the
eastern bank of the Coosa river, where the south boundary line of the
Cherokee nation crosses the same; running from thence down the said
Coosa river with its eastern bank according to its various meanders to
a point one mile above the mouth of Cedar creek, at Fort Williams,
thence east two miles, thence south two miles, thence west to the
eastern bank of the said Coosa river, thence down the eastern bank
thereof according to its various meanders to a point opposite the upper
end of the great falls, (called by the natives Woetumka,) thence east
from a true meridian line to a point due north of the mouth of Ofuc-
shee, thence south by a like meridian line to the mouth of Ofucshee on
the south side of the Tallapoosa river, thence up the same, according
to its various meanders, to a point where a direct course will cross the
same at the distance of ten miles from the mouth thereof, thence a
direct line to the mouth of Summochico creek, which empties into the
Chatahouchie river on the east side thereof below the Eufaulau town,
thence east from a true meridian line to a point which shall intersect
the line now dividing the lands claimed by the said Creek nation from
those claimed and owned by the state of Georgia: Provided, neverthe¬
less, that where any possession of any chief or warrior of the Creek
nation, who shall have been friendly to the United States during the
war, and taken an active part therein, shall be within the territory

TREATY WITH THE CREEKS, 1814.

Guaranty of other
territory of the Creeks.

Intercourse with
British or Spanish
posts to cease.

Establishment of
military posts.

All property taken
to be surrendered.

The prophets and
instigators of the war
to be given up.

Supplies of corn to
be presented to the
Creeks.

Permanent peace.

Lines of the terri¬
tory.

ceded by these articles to the United States, every such person shall
be entitled to a reservation of land within the said territory of one
mile square, to include his improvements as near the centre thereof as
may be, which shall inure to the said chief or warrior, and his descend¬
ants, so long* as he or they shall continue to occupy the same, who
shall be protected by and subject to the laws of the United States; but
upon the voluntary abandonment thereof, by such possessor or his
descendants, the right of occupancy or possession of said lands shall
devolve to the United States, and be identified with the right of
property ceded hereby.

2nd — The United States will guarantee to the Creek nation, the
integrity of all their territory eastwardly and northwardly of the said
line to be run and described as mentioned in the first article.

3d — The United States demand, that the Creek nation abandon all
communication, and cease to hold any intercourse with any British or
Spanish post, garrison, or town; and that they shall not admit among
them, any agent or trader, who shall not derive authority to hold com¬
mercial, or other intercourse with them, by licence from the President
or authorized agent of the United States.

■4th — The United States demand an acknowledgment of the right to
establish military posts and trading houses, and to open roads within
the territory, guaranteed to the Creek nation by the second article,
and a right to the free navigation of all its waters.

5th — The United States demand, that a surrender be immediately
made, of all the persons and property, taken from the citizens of the
United States, the friendly part of the Creek nation, the Cherokee,
Chickesaw, and Choctaw nations, to the respective owners; and the
United States will cause to be immediately restored to the formerly
hostile Creeks, all the property taken from them since their submis¬
sion, either by the United States, or by any Indian nation in amity
with the United States, together with all the prisoners taken from
them during the war.

6th — The United States demand the caption and surrender of all
the prophets and instigators of the war, whether foreigners or natives,
who have not submitted to the arms of the United States, and become
parties to these articles of capitulation, if ever they shall be found
within the territory guaranteed to the Creek nation by the second
article.

Tth — The Creek nation being reduced to extreme want, and not at
present having the means of subsistance, the United States, from
motives of humanity, will continue to furnish gratuitously the neces¬
saries of life, until the crops of corn can be considered competent to
yield the nation a supply, and will establish trading houses in the
nation, at the discretion of the President of the United States, and at
such places as he shall direct, to enable the nation, by industry and
economy, to procure clothing.

8th — A permanent peace shall ensue from the date of these presents
forever, between the Creek nation and the United States, and between
the Creek nation and the Cherokee, Chickesaw, and Choctaw nations.

9th — If in running east from the mouth of Summochico creek, it
shall so happen that the settlement of the Kennards, fall within the
lines of the territory hereby ceded, then, and in that case, the line shall
be run east on a true meridian to Kitchofoonee creek, thence down the
middle of said creek to its junction with Flint Kiver, immediately below
the Oakmulgee town, thence up the middle of Flint river to a point due
east of that at which the above line struck the Kitchofoonee creek,
thence east to the old line herein before mentioned, to wit: the line
dividing the lands claimed by the Creek nation, from those claimed and
owned by the state of Georgia.

TREATY WITH THE PIANKASHAWS, 1815. 79

TREATY WITH THE POTAW ATOMIES. 1815.

A treaty of peace and friendship, made and concluded at Portage des July is, ibis.

Sioux between William Clark , Ninian Edwards , and Auguste Chou- 7stat 12s.
team, Commissioners Plenipotentiary of the United States of America, 1815. ’ ec‘ 26’

on the part and behalf of the said States , of the one part; and the
undersigned Chiefs and Warriors of the Poutawatamie Tribe or
Isation , residing on the river Illinois, on the part and behalf of the
said Tribe or Nation , of the other part.

The parties being desirous of re-establishing peace and friendship
between the United States and the said tribe or nation, and of being
placed in all things, and in every respect, on the same footing upon
which they stood before the war, have agreed to the following articles:

Article 1. Every injury or act of hostility by one or either of the injuries, etc., for-
contracting parties against the other, shall be mutually forgiven and given‘
forgot.

Art. 2. There shall be perpetual peace and friendship between all Peace and friend-
the citizens of the United States of America, and all the individuals sMp perpetual,
composing the said Poutawatamie tribe or nation.

Art. 3. The contracting parties hereby agree, promise, and bind Prisoners to be de-
themselves, reciprocally, to deliver up all the prisoners nowin their Uveredup-
hands, (by what means soever the same may have come into their pos¬
session,) to the officer commanding at Fort Clarke, on the Illinois river,
as soon as it may be practicable.

Art. -I. The contracting parties, in the sincerity of mutual friend- Former treaty ree-
ship, recognize, re-establish, and confirm, all and every treaty, contract, &Kd and con‘
and agreement, heretofore concluded between the United States and
the Poutawatamie tribe or nation.

TREATY WITH THE PIANKASHAWS. 1815.

A treaty of ' peaeejmd friendship, made and concluded at Portage des Juiyis.isis.
Sioux between William Clark, Ninian Edwards , and Auguste Chou- 7stat„ m.
teau. Commissioners Plenipotentiary of the United States of America, i8£ati*ied’ Dec-26>
on the part and behalf of the said States, of the one part; and the
undersigned Chiefs and Warriors of the Piankishaw Tribe or Nation,
on the part and behalf of the said Tribe err Nation, of the other part.

The parties being anxious of re-establishing peace and friendship
between the United States and the said tribe or nation, and of being
placed in all things, and in every respect, on the same footing upon
which they stood before the war, have agreed to the following articles:

Article 1. Every injury or act of hostilitv by one or either of the injuries, etc., for
contracting parties against the other, shall be mutually forgiven and §iven‘
forgot.

Art. 2. There shall be perpetual peace and friendship between all Perpetual peace and
the citizens of the United States of America and all the individuals friendship'
composing the Piankishaw tribe or nation.

Art. 3. The contracting parties, in the sincerity of mutual friend- Former treaties rec-
ship, recognize, re-establish, and confirm, all and every treatv. contract, aSd and con‘
or agreement, heretofore concluded between the United States and the
said Piankishaw tribe or nation.

TREATY WITH SIOUX OF THE LAKES, 1815.

TREATY WITH THE TEETONS, 1815.

July i9, i8io. treaty of peace and f riendship made and concluded at Portage des

7 stat., 125. Sioux, between William Clark, Ninian Edwards, and Auguste Chou-

Ratified, Dec. 26,1815- teau. Commissioners Plenipotentiary of the United States of America,

on the part and behalf of the said States, of the one part; and the
undersigned Chiefs and Waniors of the Teeton Tribe of Indians, on
the part and behalf of their said Tribe, of the other part.

The parties being desirous of re-establishing peace and friendship
between the United States and the said tribe, and of being placed in all
things, and in every respect, on the same footing upon which they
stood before the late war between the United States ana Great Britain,
have agreed to the following articles:

given.uries’ etc ’ for Article 1. Every injury, or act of hostility, committed by one or
either of the contracting parties against the other, shall be mutually
forgiven and forgot.

frier3shilal^ace and Art. 2. There shall be perpetual peace and friendship between all

nen s ip, e c. ^he citizens of the United States of America and all the individuals
composing the said Teeton tribe; and the friendly relations that existed
between them before the war, shall be, and the same are hereby,
renewed.

states a^knowSfed! Art. 3. The undersigned chiefs and warriors, for themselves and
their said tribe, do hereby acknowledge themselves and their aforesaid
tribe to be under the protection of the United States of America, and
of no other nation, power, or sovereign, whatsoever.

TREATY WITH SIOUX OF THE LAKES, 1815.

July 19, 1815.

7 Stat., 126.

Ratified Deo . 26, 1815.

A treaty of peace and friendship, made and concluded at Portage des
Sioux between William Clark, Ninian Edwards, and Auguste Chou-
teau. Commissioners Plenipotentiary of the United States of America,
on the part and behalf of the said States, of the one part; and the
undersigned Chiefs and Warriors of the Siouxs of the Lakes, on the
part and behalf of their Tribe, of the other part.

The parties being desirous of re-establishing peace and friendship
between the United States and the said tribe, and of being placed in
all things, and in every respect, on the same footing upon which they
stood before the late war between the United States and Great Britain,
have agreed to the following articles:

givenUries’ etc" for' Article 1. Every injury, or act of hostility, committed by one or
either of the contracting parties against the other, shall be mutually
forgiven and forgot.

frieiK?shiUaletcace and Art. 2. There shall be perpetual peace and friendship between all
the citizens of the United States of America and all the individuals
composing the said tribe of the Lakes, and all the friendly relations
that existed between them before the war, shall be, and the same are
hereby, renewed.

statesteacknowiedgeed Art. 3. The undersigned chiefs and warriors, for themselves and
their said tribe, do hereby acknowledge themselves and their afore¬
said tribe to be under the protection of the United States, and of no
other nation, power, or sovereign, whatsoever.

TREATY WITH YANKTON SIOUX, 1815.

TREATY WITH THE SIOUX OF ST. PETER’S RIVER, 1815.

4 krpaty of peace and friendship , made and concluded at Portage des July iQ, isi5.
Sioux, between William Clark , Ninian Edwards, and Auguste Chou- Dec 26 i8io

teau. Commissioners Plenipotentiary of the United States of America,
on the part and behalf of the said States, of the one part / and the
Chiefs and Warriors of the Siouxs of the river St. Peter's, on the
part and behcdf of their said Tribe, on the other part.

The parties being desirous of re-establishing peace and friendship
between the United States and the said tribe, and of being placed in
all things, and in every respect, on the same footing upon which they
stood before the late war between the United States and Great Britain,
have agreed to the following articles:

Article 1. Every injury or act of hostility committed by one or injuries, etc., for
either of the contracting parties against the other, shall be mutually glven'
forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between all friendship, etc.°e and
the citizens of the United States of America and all the individuals
composing the tribe of the Siouxs of the river St. Peter’s; and all the
friendly relations that existed between them before the war, shall be,
and the same are hereby, renewed.

Art. 3. The undersigned chiefs and warriors, for themselves and Protectiouof united
their said tribe, do hereby acknowledge themselves and their tribe to a es ac n°w e ge ’
be under the protection of the United States, and of no other power,
nation, or sovereign, whatsoever.

TREATY WITH YANKTON SIOUX, 1815.

A treaty of peace and friendship , made and concluded at Portage des July 19, i8is.
Sioux between William Clark , Ninian Edwards , and Auguste Cfwu- 7 stat., 128.
teau. Commissioners Plenipotentiary of the United States of America, RatlfiedDec-26’1815-
on the part and behalf of the said States, of the one part; and the
undersigned Chiefs and Warriors of the Yancton Tribe of Indians,
on the part and behalf of their said Tribe, of the other part.

The parties being desirous of re-establishing peace and friendship
between the United States and the said tribe, and of being placed in all
things, and in every respect, on the same footing upon which they
stood before the late war between the United States and Great Britain,
have agreed to the following articles:

Article 1. Every injury or act of hostility committed by one or UJnuries’ etc-’ for'
either of the contracting parties against the other, shall be mutually gnen’
forgiven and forgot. I

Art. 2. There shall be perpetual peace and friendship between all
the citizens of the United States of America, and all the individuals ’

composing the said Yancton tribe, and all the friendly relations that
existed between them before the war shall be, and the same are hereby,
renewed.

Art. 3. The undersigned chiefs and warriors, for themselves and Pfotectionof united
their said tribe, do hereby acknowledge themselves to be under the s a es ac now e ge<L
protection of the United States of America, and of no other nation,
power, or sovereign, whatsoever.

S. Doc. 452 - 6

July 20. 1815.

7 Stat., 129.

Ratified Dec. 26,1815.

Injuries, etc., for¬
given.

Perpetual peace and
friendship, etc.

Protection of United
States acknowledged.

Sept, 2, 1815.

7 Stat.. 180.

Ratified Dec. 26, 1815.

Injuries, etc., for¬
given.

Perpetual peace and
friendship.

Prisoners to be de¬
livered up.

Former treaties rec¬
ognized and con¬
firmed.

TREATY WITH THE KICKAPOOS, 1815.

TREATY WITH THE MAHAS, 1815.

A treaty of peace and friendship, made and concluded between William
Clark , Ninian Edwards , and Auguste Chouteau ,* Commissioners
Plenipotentiary of the United States of America , on the part and
behalf of the said States, of the one part; and the Chief s and Wr r-
riors of the J fa has, on the part andoehalf of said Tr ibe or Nation ,
of the other part.

Article 1. Every injury or act of hostility committed by one or
either of the contracting parties against the other, shall be mutually
forgiven and forgot.

Art. 2. There shall be perpetual peace and friendship between all
the citizens of the United States of America and all the individuals
composing the tribe or nation of the Mahas, and all friendly relations
that existed between them before the war, shall be, and the same are
hereby, renewed.

Art. 3. The undersigned chiefs and warriors, for themselves and
their said tribe or nation, do hereb3T acknowledge themselves and their
tribe or nation to be under the protection of the United States, and of
no other nation, power, or sovereign, whatsoever.

TREATY WITH THE KICKAPOOS, 1815.

A treaty of peace and friendship, made and concluded between William
Clark, Ninian Edwards, and Auguste Chouteau , Commissioners
Plenipotentiary of the United States of America, on the part and
behalf of the said States , of the one part; and the undersigned Chiefs,
Warriors, and Deputies, of the Kickapoo Tr ibe or Nation, on the part
and behalf of the said Tribe or Nation , of the other part.

Article 1. Every injury or act of hostility by one or either of the
contracting parties towards the other, shall be mutually forgiven and
forgot.

Art. 2. There shall be perpetual peace and friendship between all
the citizens of the United States of America, and all the individuals
composing the said Kickapoo tribe or nation.

Art. 3. The contracting parties do hereby agree, promise, and oblige
themselves, reciprocally, to deliver up all the prisoners now in their
hands (by what means soever the same may have come into their pos¬
session) to the officer commanding at Fort Clarke, on the Illinois river,
to be by him restored to their respective nations as soon as it may be
practicable.

Art. 4. The contracting parties, in the sincerity of mutual friend¬
ship, recognize, re-establish, and confirm, all and every treaty, contract,
and agreement, heretofore concluded between the United States and
the Kickapoo tribe or nation

TREATY WITH THE OSAGES, 1815.

TREATY WITH THE WYANDOTS, ETC., 1815.

A Treaty between the United States of America and the Wyandot, Dela- sept. 8, isi5.

ware , Seneca , Shawanoe , Miami , Chippewa Ottawa , Potawa- 7stat., 131.

timie, Tribes of Indians , residing within the limits of. the State of RatlfledDec-26’181 •
the Territories of Indiana and Michigan,

W hereas the Chippewa, Ottawa, and Potawatimie, tribes of Indians,
together with certain bands of the Wyandot, Delaware, Seneca, Sha¬
wanoe, and Miami tribes, were associated with Great Britian in the
late war between the United States and that power, and have mani¬
fested a disposition to be restored to the relations of peace and amity
with the said States; and the President of the United States having
appointed William Henry Harrison, late a Major General in the serv¬
ice of the United States, Duncan M 4 Arthur, late a Brigadier in the
service of the United States, and John Graham, Esquire, as Commis¬
sioners to treat with the said tribes; the said Commissioners and the
Sachems, Headmen, and Warriors, of said tribes having met in Council
at the Spring Wells, near the city of Detroit, have agreed to the fol¬
lowing Articles, which, when ratified by the President, by and with
the advice and consent of the Senate of the United States, shall be
binding on them and the said tribes:

Article 1. The United States give peace to the Chippewa, Ottawa, taEftrfblsVen t0 cer’
and Potawatimie, tribes.

Art. 2. They also agree to restore to the said Chippewa, Ottawa, said tribes restored
and Potawatimie tribes all the possessions, rights, and prmledges, of i8ii.
which they enjoyed, or were entitled to, in the year one thousand
eight hundred and eleven, prior to the commencement of the late war
with Great Britain; and the said tribes, upon their part, agree again
to place themselves under the protection of the United States, and of
no other power whatsoever.

Art. 3. In consideration of the fidelity to the United States which d0nnih|dhoS?tiesaof
has been manifested by the Wyandot, Delaware, Seneca, and Sha- the wyandots/ Deia-
wanoe, tribes, throughout the late war, and of the repentance of the wares’ etc-
Miami tribe, as manifested by placing themselves under the protection
of the United States, by the treaty^ of Greenville, in eighteen hundred
and fourteen, the said States agree to pardon such of the chiefs and
warriors of said tribes as may have continued hostilities against them
until the close of the war with Great Britain, and to permit the chiefs
of their respective tribes to restore them to the stations and property
which they held previously to the war.

Art. 4. The United States and the beforementioned tribes or nations y.Treaty o^Greer^-
of Indians, that is to say, the Wyandot, Delaware, Seneca, Shawanoe, confirmed.

Miami, Chippewa, Ottawa, and Potawatimies, agree to renew and con¬
firm the ‘treaty of Greenville, made in the year one thousand seven
hundred and ninety-five, and all subsequent treaties to which they
were, respectively, parties, and the same are hereby again ratified and
confirmed in as full a manner as if they were inserted in this treaty.

TREATY WITH THE OSAGES, 1815.

A treaty of peace and friendship , made and concluded between William Sept.i2,iai5. •
Clark , . Winian Edwards , and Auguste Chouteau , Commissioners 7Stat., 133.
Plenipotentiary of the United States of America, on the part and Ratlfled nec.26,i8i5.
behalf of the said States , of the one part; and the undersigned King ,

Chiefs , and Warriors , of the Great and Little Osage Tribes or
Motions, on the part and behalf of their said Tribes or Nations , of
the other part.

The parties being desirous of re-establishing peace and friendship
between the United States and the said tribes or nations, and of being

TREATY WITH THE SACS, 1815.

Injuries, etc., for¬
given.

Perpetual peace and
friendship.

Former treaties rec¬
ognized and con¬
firmed.

Sept 13, 1815.

7 Stat., 134.
RatifiedDec.26,1815.

The Sacs assent to
treaty of Nov. 3, 1804,
etc.

The Sacs of Missouri
promise to remain
separate from Sacs of
Rock River, etc.

Allowance to Sacs of
Missouri.

placed in all things, and in every respect, on the same footing upon
which they stood before the war, have agreed to the following articles:

Article 1. Every injury, or act of hostility, by one or either of
the contracting parties against the other, shall be mutually forgiven
and forgot.

Art. 2. There shall be perpetual peace and friendship between all
the citizens of the United States of America and all the individuals
composing the said Osage tribes or nations.

Art. 3. The contracting parties, in the sincerity of mutual friend¬
ship recognize, re-establish, and confirm, all and every treaty, con¬
tract, and agreement, heretofore concluded between the United States
and the said Osage tribes or nations.

TREATY WITH THE SACS, 1815.

A treaty of peace and friendship, made and concluded between William
Clark , Ninian Edwards , and Auguste Chouteau , Commissioners
Plenipotentiary of the United States of America, on the part and
behalf of the said States, of the one part; and the undersigned Chiefs
and Warr iors of that portion of the Sac Nation of Indians now re¬
siding on the Missouri river, of the other part.

Whereas the undersigned chiefs and warriors, as well as that por¬
tion of the nation which they represent, have at all times been desirous
of fulfilling their treaty with the United States, with perfect good
faith; and for that purpose found themselves compelled, since the
commencement of the late war, to separate themselves from the rest of
their nation, and remove to the Missouri river, where they have con¬
tinued to give proofs of their friendship and fidelity; and whereas the
United States, justly appreciating the conduct of said Indians, are dis¬
posed to do them the most ample justice that is practicable; the said
parties have agreed to the following articles:

Article 1. The undersigned chiefs and warriors, for themselves
and that portion of the Sacs which they represent, do hereby assent to
the treaty between the United States of America and the united tribes
of Sacs and Foxes, which was concluded at St. Louis, on the third day
of November, one thousand eight hundred and four; and they more¬
over promise to do all in their power to re-establish and enforce the
same.

Art. 2. The said chiefs and warriors, for themselves and those they
represent, do further promise to remain distinct and separate from the
Sacs of Rock river, giving them no aid or assistance whatever, until
peace shall also be concluded between the United States and the said
Sacs of Rock river.

Art. 3. The United States, on their part, promise to allow the said
Sacs of the Missouri river all the rights and privileges secured to them
by the treaty of St. Louis beforementioned, and also, as soon as prac¬
ticable, to furnish them with a just proportion of the annuities stipu¬
lated to be paid by that treaty; provided they shall continue to comply
with this and their former treaty.

TREATY WITH THE 10 WAS, 1815.

TREATY WITH THE FOXES, 1815.

A treaty of peace and friendship, made and concluded at Portage des sept, u, isi5.
Sioux between William Clark, Ninian Edwards, and Auguste Chou- 7 sta^iss^ ^ ^
teau. Commissioners Plenipotentiary of the United States of America, aie ec' ’

on the part and behalf of the said States, of the one part ; and the
undersigned King, Chiefs, and Warriors, of the Fox Tribe or Nation,
on the 'part and behalf of the said Tribe or nation , of the other part.

Article 1. Every injury or act of hostility by one or either of the .injuries, etc., for-
contracting parties against the other, shall be mutually forgiven and gnen'
forgot.

Art. 2. There shall be perpetual peace and friendship between the peaceand

citizens of the United States of America and all the individuals com- P

posing the said Fox tribe or nation.

Art. 3. The contracting parties do hereby agree, promise, and oblige t0 be cle~

themselves, reciprocally, to deliver up all the prisoners now in their
hands, (by what means soever the same may have come into their pos¬
session,) to the officer commanding at Fort Clark, on the Illinois river,
to be by him restored to their respective nations as soon as it may be
practicable.

Art. 4. The said Fox tribe or nation do hereby assent to, recognize, 0fT^e0ty 3°f Joi L° ^
re-establish, and confirm, the treaty of St. Louis, which was concluded firmed. ’ ’ con

on the third day of November, one thousand eight hundred and four,
to the full extent of their interest in the same, as well as all other con¬
tracts and agreements between the parties; and the United States
promise to fulfil all the stipulations contained in the said treaty in favor
of the said Fox tribe or nation.

TREATY WITH THE IOWAS, 1815.

A treaty of peace and f riendship, made and concluded at Portage des sept. i6, ms.

Sioux , between William Clark, Ninian Edwards, and Auguste i stat., m.

Chouteau, Commissioners Plenipotentiary of the United States of Rat)fiedI)ec- 26, ms.

America, on the part and behalf of the said States, of the one part;

and the undersigned. King , Chiefs, and Warriors , of the laway

Tribe or Nation, on the part and behalf of the said Tribe or Nation,

of the other part.

The parties being desirous of re-establishing peace and friendship
between the United States and the said tribe or nation, and of being:
placed in all things, and in ever}7 respect, on the same footing upon
which they stood before the war, have agreed to the following articles:

Article 1. Every injury, or act of hostility, by one or either of the gig?1168’ etc-’ for'
contracting parties against the other shall be mutually forgiven and 8
forgot.

Art. 2. There shall be perpetual peace and friendship between all frl^®r|gh"alpeacealld
the citizens of the United States and all the individuals composing the nen 8 lp'
said laway tribe or nation.

Art. 3. The contracting parties do hereby agree, promise, and oblige dep™oners to be

themselves, reciprocally to deliver up all the prisoners now in their e lvere up'
hands, (by what means soever the same may have come into their pos¬
session,) to the officer commanding at St. Louis, to be by him restored
to their respective nations, as soon as it may be practicable.

Art. 4. The contracting parties, in the sincerity of mutual friend-
ship, recognize, re-establish, and confirm, all and every treaty, con- firmed. an con’
tract, and agreement, heretofore concluded between the United States
and the said laway tribe or nation.

TREATY WITH THE CHEROKEES, 1816.

TREATY WITH THE KANSAS, 1815.

Oct. 28, 1815.

7 Stat., 137.

Ratified Dec.26,1818.

A treaty of peace and friendship , made and concluded at St. Louis
between Ninian Edwards and Auguste Chouteau , Commissioners
Plenipotentiary of the United States of America , on the part and
behalf of the said States , of one part; and the undersigned Chiefs
and Warriors of the Kanzas Tribe of Indians, on the part and behalf
of their said Tribe , of the other part.

The parties being desirous of re-establishing peace and friendship
between the United States and their said tribe, and of being placed, in
all things, and in every respect, upon the same footing upon which
they stood before the late war between the United States and Great
Britain, have agreed to the following articles:
injuries, etc., for- Article 1. Every injury or act of hostility by one or either of the
glven’ contracting parties against the other, shall be mutually forgiven and

forgot.

Perpetual peace and Art. 2. There shall be perpetual peace and friendship between all
friendship. the c{tizens of the United States of America and all the individuals

composing the said Kanzas tribe, and all the friendly relations that
existed between them before the war shall be, and the same are hereby,
renewed.

Protection of united Art. 3. The undersigned chiefs and warriors, for themselves and
a es ac now e ged. sap[ tribe, do hereby acknowledge themselves to be under the

protection of the United States of America, and of no other nation,
power, or sovereign, whatsoever.

TREATY WITH THE CHEROKEES, 1816.

Mar. 22, 1816. Articles of a treaty made and concluded at the City of Washington , on
7 stat., 138. the twenty-second day of March, one thousand eight hundred and six-

Ratiiied Apr. 8,1816. . teen, between George Graham, being specially authorized by the Presi¬

dent of the United States thereto , and the undersigned Chiefs and
Headmen of the Cherokee Nation, duty authorized and empowered
by the said Nation.

cession hy chero- Article 1. Whereas the Executive of the State of South Carolina
Hna. t0 South Car0" has made an application to the President of the United States to extin¬
guish the claim of the Cherokee nation to that part of their lands which
lie within the boundaries of the said State, as lately established and
agreed upon between that State and the State of North Carolina; and
as the Cherokee nation is disposed to comply with the wishes of their
brothers of South Carolina, they have agreed and do hereby agree to
cede to the State of South Carolina, and forever quit claim to, the tract
Bounds of the ees- of country contained within the following bounds, viz.: beginning on
S10n' the east bank of the Chattuga river, where the boundary line of the

Cherokee nation crosses the same, running thence, with the said bound¬
ary line, to a rock on the Blue Ridge, where the boundary line crosses
the same, and which rock has been lately established as a corner to the
States of North and South Carolina; running thence, south, sixty-eight
and a quarter degrees west, twenty miles and thirty -two chains, to a
rock on the Chattuga river at the thirty -fifth degree of north latitude,
another corner of the boundaries agreed upon by the State of North
and South Carolina; thence, down and with the Chattuga, to the
beginning.

united states en- Art. 2. For and in consideration of the above cession, the United
oag|5,ooothbyasouth States promise and engage that the State of South Carolina shall pay
Carolina, to the Cherokee nation, or its accredited agent, the sum of five thou-

TREATY WITH THE CHEROKEES, 1816.

sand dollars, within ninety days after the President and Senate shall
have ratified this treaty: Provided , That the Cherokee nation shall
have sanctioned the same in Council: And provided also. That the
Executive of the State of South Carolina shall approve of the stipula¬
tions contained in this article.

TREATY WITH THE CHEROKEES, 1816.

Articles of a convention made and entered into between George Graham ,
specially authorized thereto by the President of the United States,
and the undersigned Chiefs and Headmen of the Cherokee Nation ,
duly authorized and empowered by the said Nation.

Article 1. Whereas doubts have existed in relation to the northern
boundary of that part of the Creek lands lying west of the Coosa river,
and which were ceded to the United States by the treaty held at Fort
Jackson, on the ninth day of August, one thousand eight hundred and
fourteen; and whereas, by the third article of the Treaty, dated the
seventh of January, one thousand eight hundred and six, between the
United States and the Cherokee nation, the United States have recog¬
nised a claim on the part of, the Cherokee nation to the lands south of
the Big Bend of the Tennessee river, and extending as far west as a
place on the waters of Bear Creek, [a branch of the Tennessee river,]
known by the name of the Flat Rock, or Stone; it is, therefore, now
declared and agreed, that a line shall be run from a point on the west
bank of the Coosa river, opposite to the lower end of the Ten Islands
in said river, and above Fort Strother, directly to the Flat Rock or
Stone, on Bear creek, [a branch of the Tennessee river:] which line
shall be established as the boundary of the lands ceded by the Creek
nation to the United States by the treaty held at Fort Jackson, on the
ninth day of August, one thousand eight hundred and fourteen, and of
the lands claimed by the Cherokee nation lying west of the Coosa and
south of the Tennessee rivers.

Art. 2. It is expressly agreed on the part of the Cherokee nation
that the United States shall have the right to lay off. open, and have
the free use of, such road or roads, through any part of the Cherokee
nation, lying north of the boundary line now established, as may be
deemed necessary for the free intercourse between the States of Tennes¬
see and Georgia and the Mississippi Territory. And the citizens of the
United States shall freely navigate and use, as a highway, all the rivers
and waters within the Cherokee nation. The Cherokee" nation further
agree to establish and keep up, on the roads to be opened under the
sanction of this article, such ferries and public houses as may be nec¬
essary for the accommodation of the citizens of the United States.

Art. 3. In order to preclude any dispute hereafter, relative to the
boundary line now established, it is hereby agreed that the Cherokee
nation shall appoint two commissioners "to accompany the commis¬
sioners already appointed on the part of the United States, to run the
boundary lines of the lands ceded by the Creek nation to the United
States, while they are engaged in running that part of the boundary
established by the first article of this treaty.

Art. 4. In order to avoid unnecessary expense and delay, it is fur¬
ther agreed that, whenever the President of the United States may
deem it expedient to open a road through any part of the Cherokee
nation, in pursuance of the stipulations of the second article of this
Convention, the principal chief of the Cherokee nation shall appoint
one commissioner to accompany the commissioners appointed by the
President of the United States, to lay off and mark the road; and the
said commissioner shall be paid by the United States.

Proviso.

Mar. 22, 1816.

7 Stat,, 139.

Ratified Apr. 8, 1816.

Doubts about
boundary.

Boundary line
designated and estab¬
lished.

United States to
have the right of open¬
ing and using roads,
etc. , in the Cherokee
Xation.

Cherokees to keep
up public houses, etc.

Commissioners to
run the boundary
line.

Commissioners to
lay off roads.

To be paid by the
United States.

TREATY WITH THE SACS, 1816.

Indemnity to Cher-
okees.

May 13, 1816.

7 Stat., 141.
Proclamation, Dec.
30, 1816.

Preamble.

Art. 5. The United States agree to indemnify the individuals of the
Cherokee nation for losses sustained by them in consequence of the
march of the militia and other troops in the service of the United
States through that nation; which losses have been ascertained by the
agents of the United States to the amount of twenty-five thousand five
hundred dollars.

TREATY WITH THE SACS, 1816.

A treaty of peace and friendship made and concluded at St. Louis
between William Clark , Ninian Edwards , and Auguste Chouteau ,
commissioners plenipotentiary of the United States of America, on
the part and behalf of the said states , of the one part, and the under¬
signed chiefs and warrior's of the Sacs of Lock river and the adjacent
country , of the other part.

Whereas by the ninth article of the treaty of peace, which was con¬
cluded on the twenty-fourth day of December, eighteen hundred and
fourteen, between the United States and Great Britain, at Ghent, and
which was ratified by the president, with the advice and consent of the
senate, on the seventeenth day of February, eighteen hundred and
fifteen, it was stipulated that the said parties should severally put an
end to all hostilities with the Indian tribes, with whom they might be at
war, at the time of the ratification of said treaty; and to place the said
tribes inhabiting their respective territories, on the same footing upon
which they stood before the war: Provided, they should agree to desist
from all hostilities against the said parties, their citizens or subjects
respectively, upon the ratification of the said treaty being notified to
them, and should so desist accordingly.

And whereas the United States being determined to execute every
article of the treaty with perfect good faith, and wishing to be particu¬
larly exact in the execution of the article above alluded to, relating to
the Indian tribes: The president, in consequence thereof, for that pur¬
pose, on the eleventh day of March, eighteen hundred and fifteen,
appointed the undersigned William Clark, governor of Missouri terri¬
tory, Ninian Edwards, governor of Illinois territory, and Auguste
Chouteau, esq. of the Missouri territory, commissioners, with full power
to conclude a treaty of peace and amity with all those tribes of Indians,
conformably to the stipulations contained in the said article, on the part
of the United States, in relation to such tribes.

And whereas the commissioners, in conformity with their instructions
in the early part of last }Tear, notified the Sacs of Rock river, and the
adjacent country, of the time of the ratification of said treaty; of the
stipulations it contained in relation to them; of the disposition of the
American government to fulfil those stipulations, by entering into a
treaty with them, conformabl}T thereto; and invited the said Sacs of Rock
river, and the adjacent country, to send forward a deputation of their
chiefs to meet the said commissioners at Portage des Sioux, for the
purpose of concluding such a treaty as aforesaid, between the United
States and the said Indians, and the said Sacs of Rock river, and the
adjacent countrjy having not only declined that friendly overture, but
having continued their hostilities, and committed many depredations
thereafter, which would have justified the infliction of the severest
chastisement upon them; but having earnestly repented of their con¬
duct, now imploring mercy, and being anxious to return to the habits
of peace and friendship with the United States; and the latter being
always disposed to pursue the most liberal and humane policy towards
the Indian tribes within their territory, preferring their reclamation
by peaceful measures, to their punishment, by the application of the
military force of the nation — Now, therefore,

TREAT V WITH SIOUX, 1816,

89-

The said William Clark, Ninian Edwards, and Auguste Chouteau,
commissioners as aforesaid, and the undersigned chiefs and warriors,
as aforesaid, for the purpose of restoring peace and friendship between
the parties, do agree to the following articles:

Art. 1. The Sacs of Rock river, and the adjacent country, do hereby
unconditionally assent to recognize, re-establish, and confirm the treaty
between the United States of America and the United tribes of Sacs
and Foxes, which was concluded at St. Louis, on the third day of
November, one thousand eight hundred and four; as well as all other
contracts and agreements, heretofore made between the Sac tribe or
nation, and the United States.

Art. 2. The United States agree to place the aforesaid Sacs of Rock
river, on the same footing upon which they stood before the war; pro¬
vided they shall, on or before the first day of July next, deliver up to
the officer commanding at cantonment Davis, on the Mississippi, all the
property they, or any part of their tribe, have plundered or stolen from
the citizens of the United States, since they were notified, as aforesaid,
of the time of the ratification of the late treaty between the United
States and Great Britain.

Art. 3. If the said tribe shall fail or neglect to deliver up the prop¬
erty aforesaid, or any part thereof, on or before the first day of July
aforesaid, they shall forfeit to the United States all right and title to
their proportion of the annuities which, by the treaty of St. Louis,
were covenanted to be paid to the Sac tribe; and the United States shall
for ever afterwards be exonerated from the payment of so much of said
annuities as, upon a fair distribution, would fall to the share of that
portion of the Sacs who are represented by the undersigned chiefs and
warriors.

Art. 4. This treaty shall take effect and be obligatory on the con¬
tracting parties, unless the same shall be disapproved b}^ the president
and senate of the United States, or by the president only: and in the
mean time all hostilities shall cease from this date.

TREATY WITH SIOUX, 1816.

A treaty of peace and friendship made and concluded at St. Louis ,
between 'William Clark , Ninian Edwards , and Auguste Chouteau,
commissioners plenipotentiary of the United States of America , on
the part and behalf of the said states , of the one part, and the under¬
signed chiefs and warriors, representing eight bands of the Siouxs ,
composing the three tribes called the Siouxs of the Leaf the Siouxs
of the Broad Leaf, and the Siouxs who shoot in the Pine Tops, on
the part and behalf of their said tribes, of the other part.

The parties being desirous of re-establishing peace and friendship
between the United States and the said tribes, and of being placed in
all things, and in every respect, on the same footing upon which they
stood before the late war between the United States and Great Britain,
have agreed to the following articles:

Art. 1. Every injury or act of hostility, committed by one or either
of the contracting parties against the other, shall be mutually forgiven
and forgot.

Art. 2. There shall be perpetual peace and friendship between all
the citizens of the United States, and all the individuals composing the
aforesaid tribes; and all the friendly relations that existed between
them before the war shall be, and the same are hereby, renewed.

Art. 3. The undersigned chiefs and warriors, for themselves and
their tribes respectively, do, by these presents, confirm to the United
States all and every cession, or cessions, of land heretofore made by
their tribes to the British, French, or Spanish government, within the
limits of the United States or their territories; and the parties here

"Treaty of St. Louis.,
of Nov. 3, 1804, con¬
firmed.

Sacs placed on the
same footing as before
the war; provided,,
etc.

Consequences of a
failure or neglect to
deliver up property.

When to take effect..

June 1, 1816.

7 Stat., 143.
Proclamation, Dec.
30, 1816.

Inj uri es, etc., for¬
given.

Perpetual peace and
friendship, etc.

Former cessions,,
treaties, etc., con¬
firmed.

TREATY WITH THE WE AS AND KICKAPOOS, 1816.

Protection of United
States acknowledged.

June, 3, 1816.

7 Stat., 144.
Proclamation, Dec.
SO, 1816.

Injuries, etc., for¬
given.

Former cessions,
treaties, etc., con¬
firmed.

Protection of United
States acknowledged.

Indians to remain
distinct from the rest
of their tribe.

Prisoners to be de¬
livered up.

June 4, 1816.

7 Stat., 145.
Proclamation, Dec.
.30, 1816.

Peace and friend¬
ship.

contracting do, moreover, in the sincerity of mutual friendship, recog¬
nize, re-establish, and confirm, all and every treaty, contract, and
agreement, heretofore concluded between the United States and the
said tribes or nations.

Art. 4. The undersigned chiefs and warriors as aforesaid, for them¬
selves and their said tribes, do hereby acknowledge themselves to be
under the protection of the United States, and of no other nation,
power, or sovereign, whatsoever.

TREATY WITH THE WINNEBAGOES, 1816.

A treaty of peace and friendship made and concluded between William
Clark , Ntnian Edwards , and Auguste Chouteau , commissioners pleni¬
potentiary. of the United States of America, on the part and behalf
of the said states , of the one part , and the undersigned chiefs and
warriors of that portion of the Winnebago tribe or nation residing
on the Ouisconsin river , of the other part.

Whereas the undersigned chiefs and warriors, as well as that portion
of the nation which they represent, have separated themselves from
the rest of their nation, and reside in a village on the Ouisconsin river,
and are desirous of returning to a state of friendly relations with the
United States, the parties hereto have agreed to the following articles.

Art. 1. Every injury or act of hostility, committed by one or either
of the contracting parties against the other, shall be mutual^ forgiven
and forgot; and all the friendly relations that existed between them
before the late war, shall be, and the same are hereby, renewed.

Art. 2. The undersigned chiefs and warriors, for themselves and
those they represent, do, by these presents, confirm to the United
States all and every cession of land heretofore made by their nation
to the British, French, or Spanish government, within the limits of
the United States, or their territories; and also, all and every treaty,
contract, and agreement, heretofore concluded between the United
States and the said tribe or nation, as far as their interest in the same
extends.

Art. 3. The undersigned chiefs and warriors as aforesaid, for them¬
selves and those they represent, do hereb}^ acknowledge themselves to
be under the protection of the United States, and of no other nation,
power, or sovereign, whatsoever.

Art. 4. The aforesaid chiefs and warriors, for themselves and those
they represent, do further promise to remain distinct and separate
from the rest of their tribe or nation, givingthem no aid or assistance
whatever, until peace shall also be concluded between the United
States and the said tribe or nation.

Art. 5. The contracting parties do hereby agree, promise, and oblige
themselves, reciprocally, to deliver up all prisoners now in their hands
(by what means soever the same may have come into their possession)
to the officer commanding at Prairie du Chien, to be by him restored
to the respective parties hereto, as soon as it may be practicable.

TREATY WITH THE WEAS AND KICKAPOOS, 1816.

Articles of a treaty made and entered into at Fort Harrison , in the
Indiana Territory, between Benjamin Parke , specially authorized
thereto by the president of the United States , of the one part, and the
tribes of Indians called the Weas and Kickapoos , by their chiefs and
head men , of the other part.

Art. 1. The Weas and Kickapoos again acknowledge themselves in
peace and friendship with the United States.

TEEATY WITH THE OTTAWAS, ETC., 1816.

Art. 2. The said tribes acknowledge the validity of, and declare their Greenville

determination to adhere to, the treaty of Greenville, made in the year
seventeen hundred and ninety-five, and ail subsequent treaties which
they have respectively made with the United States.

Art. 3. The boundary line, surveyed and marked by the United Armedndary ine c°n
States, of the land on the Wabash and White rivers, ceded in the year
eighteen hundred and nine, the said tribes do hereby explicitly recog¬
nize and confirm, as having been executed conformably to the several
treaties they have made with the United States.

Art. 4. The chiefs and warriors of the said tribe of the Kickapoos ed^gCa former cessiwl'
acknowledge that they have ceded to the United States all that tract of
country which lies between the aforesaid boundary line on the north
west side of the Wabash — the Wabash, the Vermillion river, and a line
to be drawn from the north west corner of the said boundary line, so as
to strike the Vermillion river twenty miles in a direct line from its
mouth, according to the terms and conditions of the treaty they made
with the United States on the ninth day of December, in ttie year
eighteen hundred and nine.

TREATY WITH THE OTTAWAS, ETC., 1816.

A treaty of Peace , Friendship., and Limits , made and concluded be- Aug. 24, isi6.
tween Ninian Edwards , William Clark , and Auguste Chouteam , com- proclamation Dec
missioners plenipotentiary of the United /States of America , on the 30, i8i6.ama lon’ ec'
part and behalf of said states , of the one part, and the chief s and
warriors of the united tribes of Ottawas, Chipawas , and Pottowot-
omees, residing on the Illinois and Melwakee rivers, and their waters,
and on the southwestern parts of Lake Michigan , of the other part.

W hereas a serious dispute has for some time past existed between
the contracting parties relative to the right to a part of the lands ceded
to the United States by the tribes of Sacs and Foxes, on the third day
of November, one thousand eight hundred and four, and both parties
being desirous of preserving a harmonious and friendly intercourse, and
of establishing permanent peace and friendship, have, for the purpose
of removing all difficulties, agreed to the following terms:

Art. 1. The said chiefs and warriors, for themselves and the tribes edc|ts|^ to the unit-
they represent, agree to relinquish, and hereby do relinquish, to the e tetes'

United States, all their right, claim, and title, to all the land contained
in the before-mentioned cession of the Sacs and Foxes, which lies south
of a due west line from the southern extremity of Lake Michigan to
the Mississippi river. And they moreover cede to the United States
all the land contained within the following bounds, to wit: beginning
on the left bank of the Fox river of Illinois, ten miles above the mouth
of said Fox river; thence running so as to cross Sandy creek, ten miles
above its mouth; thence, in a direct line, to a point ten miles north of
the west end of the Portage, between Chicago creek, which empties
into Lake Michigan, and the river Depleines, a fork of the Illinois;
thence, in a direct line, to a point on Lake Michigan, ten miles north¬
ward of the mouth of Chicago creek; thence, along the lake, to a point
ten miles southward of the mouth of the said Chicago creek; thence,
in a direct line, to a point on the Kankakee, ten miles above its mouth;
thence, with the said Kankakee and the Illinois river, to the mouth of
Fox river, and thence to the beginning: Provided , nevertheless , That Proviso,
the said tribes shall be permitted to hunt and fish within the limits of
the land hereby relinquished and ceded, so long as it maj7 continue to
be the property of the United States.

Art. 2. In consideration of the aforesaid relinquishment and cession, consideration
the United States have this day delivered to said tribes a considerable
quantity of merchandise, and do agree to pay them, annually, for the
term of twelve years, goods to the value of one thousand dollars, reck¬
oning that value at the first cost of the goods in the city or place in

TREATY WITH THE CHEROKEES, 1816.

which they shall be purchased, without any charge for transportation;:
which said goods shall be delivered to the said tribes at some place on
the Illinois river, not lower down than Peoria. And the said United
united sStSient by States do moreover agree to relinquish to the said tribes all the land
contained in the aforesaid cession of the Sacs and Foxes, which lies
north of a due west line, from the southern extremity of Lake Michi¬
gan to the Mississippi river, except three leagues square at the mouth
of the Ouisconsing river, including both banks, and such other tracts,
on or near to the Ouisconsing and Mississippi rivers, as the president

Proviso. of the United States may think proper to reserve: Provided, That such

other tracts shall not in the whole exceed the quantity that would be
contained in five leagues square.

Peace and friend- Art. 3. The contracting parties, that peace and friendship may be
permanent, promise that in all things whatever, they will act with
justice and correctness towards each other, and that they will, with
perfect good faith, fulfill all the obligations imposed upon them by
former treaties.

TREATY WITH THE CHEROKEES, 1816.

Sept. 14, 1816.

7 Stat., 148.
Proclamation, Dec.
30, 1816.

Peace and friend¬
ship.

Boundary line.

Relinquishment
and cession by Chero-
kees.

Line to be run by
United States.

A council to be held.

To perpetuate peace and friendship between the United States and
Cherokee tribe, or nation, of Indians, and to remove all future causes
of dissension which may arise from indefinite territorial boundaries,
the president of the United States of America, by major general
Andrew Jackson, general David Meriwether, and Jesse Franklin,
esquire, commissioners plenipotentiarj^ on the one part, and the
Cherokee delegates on the other, covenant and agree to the following
articles and conditions, which, when approved by the Cherokee nation,
and constitutionally ratified by the government of the United States,
shall be binding on all parties :

Art. 1. Peace and friendship are hereby firmly established between
the United States and Cherokee nation or tribe of Indians.

Art. 2. The Cherokee nation acknowledge the following as their
western boundary : South of the Tennessee river, commencing at Camp
Coffee, on the south side of the Tennessee river, which is opposite the
Chickasaw Island, running from thence a due south course to the top
of the dividing ridge between the waters of the Tennessee and Tom-
bigby rivers, thence eastwardly along said ridge, leaving the head
waters of the Black Warrior to the right hand, until opposed by the
west branch of Well’s Creek, down the east bank of said creek to the
Coosa river, and down said river.

Art. 3. The Cherokee nation relinquish to the United States all
claim, and cede all title to lands laying south and west of the line, as
described in the second article; and, in consideration of said relin¬
quishment and cession, the commissioners agree to allow the Cherokee
nation an annuity of six thousand dollars, to continue for ten succes¬
sive years, and five thousand dollars, to be paid in sixty days after the
ratification of the treaty, as a compensation for any improvements
which the said nation may have had on the lands surrendered.

Art. 4. The two contracting parties covenant, and agree, that the
line, as described in the second article, shall be ascertained and marked
by commissioners, to be appointed by the president of the United
States; that the marks shall be bold; trees to be blazed on both sides
of the line, and the fore and aft trees to be marked with the letters U. S. ;
that the commissioners shall be accompanied by two persons, to be
appointed by the Cherokee nation, and that said nation, shall have due
and seasonable notice when said operation is to be commenced.

Art. 5. It is stipulated that the Cherokee nation will meet general
Andrew Jackson, general David Meriwether, and Jesse Franklin,
esquire, in council, at Turkey’s Town, Coosa river, on the 28th of
September, (instant,) there and then to express their approbation, or
not, of the articles of this treaty; and if they do not assemble at the

TREATY WITH THE CHICKASAWS, 1816.

time and place specified, it is understood that the said commissioners
may report the same as a tacit ratification, on the part of the Cherokee
nation, of this treaty.

TREATY WITH THE CHICKASAWS, 1816.

To settle all territorial controversies, and to perpetuate that peace
and harmony which has long happily subsisted between the United
States and Chickasaw nation, the president of the United States of
America, by major general Andrew Jackson, general David Meri¬
wether, and Jesse Franklin, esq. on the one part, and the whole Chick¬
asaw nation, in council assembled, on the other, have agreed on the
following articles, which when ratified by the president, with the
advice and consent of the senate of the United States, shall be binding
on all parties:

Art. 1. Peace and friendship are hereby firmly established, and per¬
petuated, between the United States of America and Chickasaw nation.

Art. 2. The Chickasaw nation cede to the United States (with the
exception of such reservations as shall hereafter be specified) all right
or title to lands on the north side of the Tennessee river, and relin¬
quish all claim to territory on the south side of said river, and east of
a line commencing at the mouth of Caney creek, running up said creek
to its source, thence a due south course to the ridge path, or commonly
called Gaines’s road, along said road south westwardly to a point on
the Tombigby river, well known by the name of the Cotton Gin port,
and down the west bank of the Tombigby to the Chocktaw boundary.

Art. 3. In consideration of the relinquishment of claim, and cession
of lands, made in the preceding article, the commissioners agree to
allow the Chickasaw nation twelve thousand dollars per annum for ten
successive years, and four thousand five hundred dollars to be paid in
sixty days after the ratification of this treaty into the hands of Levi
Colbert, as a compensation for any improvements which individuals of
the Chickasaw nation may have had on the lands surrendered; that is
to say, two thousand dollars for improvements on the east side of the
Tombigby, and two thousand five hundred dollars for improvements
on the north side of the Tennessee river.

Art. 4. The commissioners agree that the following tracts of land
shall be reserved to the Chickasaw nation:

1. One tract of land for the use of col. George Colbert and heirs,
and which is thus described by said Colbert: “Beginningon the north
bank of the Tennessee river, at a point that, running north four miles,
will include a big spring, about half way between his ferry and the
mouth of Cypress, it being a spring that a large cow-path crosses its
branch near where a cypress tree is cut down; thence westwardly to a
point, four miles from the Tennessee river, and standing due north of
a point on the north bank of the river, three [four] miles below his
ferry on the Tennessee river, and up the meanders of said river to the
beginning point.”

2. A tract of land two miles square on the north bank of the Ten¬
nessee river, and at its junction with Beach creek, for the use of
Appassan Tubby and heirs.

3. A tract of land one mile square, on the north side of the Tennes¬
see river, for the use of John MUleish and heirs, the said tract to be
so run as to include the said M‘Cleish’s settlement and improvements
on the north side of Buffalo creek.

4. Two tracts of land, containing forty acres each, on the south side
of Tennessee river, and about two and a half miles below the Cotton
Gin port, on the Tombigby river, which tracts of land will be pointed
out by major Levi Colbert, and for the use of said Colbert and heirs.

It is stipulated that the above reservations shall appertain to the
Chickasaw nation only so long as they shall be occupied, cultivated, or
used, by the present proprietors or heirs, and in the event of all or
•either of said tracts of land, so reserved, being abandoned by the pres-

Sept. 20, 1816.

7 Stat., 150.
Proclamation, Dec.
30, 1816.

Peace and friend¬
ship.

Cession to the
United States.

Allowance to Chick-
asaws.

Tracts reserved to
the Chickasaw
Nation.

TREATY WITH THE CHOCTAWS, 1816.

ent proprietors or heirs, each tract or tracts of land, so abandoned,
shall revert to the United States as a portion of that territory ceded
by the second article of this treaty.

side of the Tennessee Art. 5. The two contracting parties covenant and agree that the line

to be° ascertained^ eSta on the south side of the Tennessee river, as described in the second
article of this treaty, shall be ascertained and marked by commissioners
to be appointed by the president of the United States; that the marks
shall be bold; trees to be blazed on both sides of the line, and the fore
and aft trees to be marked with the letters U. S. That the commis¬
sioners shall be attended by two persons to be designated by the Chick¬
asaw nation, and that the said nation shall have due and seasonable
notice when said operation is to be commenced.

Indians11* t0 certain Art. 6. In consideration of the conciliatory disposition evinced,
during the negotiation of this treaty, by the Chickasaw chiefs and war¬
riors, but more particularly as a manifestation of the friendship and
liberality of the president of the United States, the commissioners agree
to give, on the ratification of this treaty, to Chinnubby, king of the
Chickasaws, to Tishshominco, William M’Gilvery, Arpasarshtubby,
Samuel Seely, James Brown, Levi Colbert, Ickaryoucullaha, George
Pettygrove, Immartarharmicko, Chickasaw chiefs, and to Malcolm
M’Gee, interpreter, one hundred and fifty dollars each, in goods or cash,
as ma3^ be preferred, and to major William Glover, colonel George Col¬
bert, capt. Rabbitt, Hoparyeahoummarj Immoukelourshsharhoparyea,
Hoparjma, Honllartir, Tushkerhopo37yea, Hoparyeahoummar, jun.
Immoukelusharhopoyyea, James Colbert, Coweamarthlar, and Iilna-
chouwarhopoyyea, military leaders, one hundred dollars each; and, as
a particular mark of distinction and favor for his long services and
faithful adherence to the United States government, the commissioners
agree to allow to general William Colbert an annuity of one hundred
dollars for and during his life.

be^ncTnae^to'traffic Art. 7. ‘ ‘ Whereas the chiefs and warriors of the Chickasaw nation

in the nation ° ra 0 have found, from experience, that the crowd of pedlars, who are con¬
stantly traversing their nation from one end to the other, is of a
serious disadvantage to the nation; that serious misunderstandings and
disputes frequently take place, as well as frauds, which are often prac¬
tised on the ignorant and uninformed of the nation, therefore it is
agreed by the commissioners on the part of the government, and the
chiefs of the nation, that no more licenses shall be granted by the
agent of the Chickasaws to entitle any person or persons to trade or
traffic merchandise in said nation; and that any person or persons,
whomsoever, of the white people, who shall bring goods and sell them
in the nation, contrary to this article, shall forfeit the whole of his or
their goods, one half to the nation and the other half to the govern¬
ment of the United States; in all cases where this article is violated,
and the goods are taken or seized, they shall be delivered up to the
agent, who shall hear the testimony and judge accordingly.”

This article was presented to the commissioners by the chiefs and
warriors of the Chickasaw nation, and by their particular solicitation
embraced in this treaty.

TREATY WITH THE CHOCTAWS, 1816.

A treaty of cession between the United States of America and the
Choctaw nation of Indians.

James Madison, president of the United States of America, by gen¬
eral John Coffee, John Rhea, and John M’Kee, esquires, commissioners
on the part of the United States, duly authorized for that purpose, on
the one part, and the mingoes, leaders, captains, and warriors, of the
Chactaw nation, in general council assembled, in behalf of themselves
and the whole nation, on the other part, have entered into the follow-*
ing articles, which, when ratified by the president of the United States,

Oct. 24, 1816.

7 Stat. , 152.
Proclamation, Dec.
30, 1816.

TREATY WITH THE OTOES, 1817.

with the advice and consent of the senate, shall be obligatory on both
parties:

Art. 1. The Chaetaw nation, for the consideration hereafter men- cession,
tioned, cede to the United States all their title and claim to lands lying
east of the following boundary, beginning at the mouth of Ooktibbuha,
the Chickasaw boundary, and running from thence down the Tombigby
river, until it intersects the northern boundary of a cession made to
the United States by the Chactaws, at Mount Dexter, on the 16th
November, 1805.

Art. 2. In consideration of the foregoing cession, the United States consideration,
engage to pay to the Chaetaw nation the sum of six thousand dollars
annually, for twenty years; they also agree to pay them in merchandise,
to be delivered immediately on signing the present treaty, the sum of
ten thousand dollars.

TREATY WITH THE MENOMONEES, 1817.

A treaty of peace and friendship made and concluded at St. Louis March 30, 1817.
by and between William Clark, Ninian Edwards , and Auguste 7stat., 153.
Chouteau, commissioners on the part and behalf of the United States 26fi8i7amation’ Dec
of America, of the one 'part , and the undersigned chiefs and war¬
riors, deputed by the Menomenee tribe or nation of Indians, on the
part and behalf of their said tribe or nation, of the other part.

The parties, being desirous of re-establishing peace and friendship
between the United States and the said tribe or nation, and of being
placed in all things, and in every respect, on the same footing upon
which they stood before the late war, have agreed to the following
articles:

Art. 1. Every injury, or act of hostility, by one or either of the con- .injuries, etc., for-
tracting parties, against the other, shall be mutually forgiven and forgot. glven'

Art. 2. There shall be perpetual peace and friendship between all Perpetual peace and
the citizens of the United States and all the individuals composing the friendshiP-
said Menomenee tribe or nation.

Art. 3. The undersigned chiefs and warriors, on the part and behalf Former cesstonsand
of their said tribe or nation, do, by these presents, confirm to the United rea les c°n rme '
States all and every cession of land heretofore made by their tribe or
nation to the British, French, or Spanish, government, within the
limits of the United States, or their territories; and also, all and every
treaty, contract, and agreement, heretofore concluded between the said
United States and the said tribe or nation.

Art. 4. The contracting parties do hereby agree, promise, and Prisoners to be de-
oblige themselves, reciprocally, to deliver up all prisoners now in llveredup-
their hands (by what means soever the same may have come into their

Eossession,) to the officer commanding at Prairie du Chien, to be bv
im restored to the respective parties hereto, as soon as it may be
practicable.

Art. 5. The undersigned chiefs and warriors as aforesaid, for them- Protectionof united
selves and those they represent, do hereby acknowledge themselves to States acknowledged'
be under the protection of the United States, and of no other nation,
power, or sovereign, whatsoever.

TREATY WITH THE OTOES, 1817.

A treaty of , peace and friendship made and concluded between William June 24, 1817.
Clark ana Auguste Chouteau, commissioners on the part, and behalf ~ 7 stat., 154. “

of the United States of America, of the one part; and the under- 26Pi8i7amation’ Dec'
signed chiefs and warriors, of the Ottoes tribe of Indians, on the part
and behalf of their said tribe, of the other part.

The parties being desirous of re-establishing peace and friendship
between the United States and their said tribe and of being placed, in

"96

TREATY WITH THE CHEROKEES, 1817.

all things, and in every respect, upon the same footing upon which they
stood before the late war between the United States and Great Britain,
have agreed to the following articles:

^Injuries, etc., for- Art. 1. Every injury or act of hostility by one or either of the
contracting parties against the other, shall be* mutually forgiven and
forgot.

Art. There shall be perpetual peace and friendship between all
the citizens of the^ United States of America and all the individuals
compos ing the said Ottoes tribe, and all the friendly relations that
existed between them before the war, shall be, and the same are hereby,
renewed.

Art. 3. The undersigned chiefs and warriors, for themselves and
ge ‘ their said tribe, do hereby acknowledge themselves to be under the
protection of the United States of America, and of no other nation,
power, or sovereign, whatsoever.

TREATY WITH THE PONCAS, 1817.

June 25,1817. A treaty of peace and friendship made and concluded between William
7 stat., 155. Clark and Auguste Chouteau , commissioners on the part and behalf

:26,i8i7.ama lon’ 60 of the United States of America , of the one part , and the under¬
signed chiefs and warriors of the Poncarar tribe of Indians , on the
\their\ part and of their said tribe of the other part.

The parties being desirous of re-establishing peace and friendship
between the United States and their said tribe, and of being placed, in
all things and every respect, upon the same footing upon which they
stood before the late war between the United States and Great Britain,
have agreed to the following articles:

.^juries, etc., for- Art. 1. Every injury or act of hostility by one or either of the
contracting parties against the other, shall be mutuallv forgiven and
forgot.

frieerdhtual?eaceand Art. 2. There shall be perpetual peace and friendship between all
the citizens of the United States of America and all the individuals
composing the said Poncarar tribe; and all the friendly relations that
existed between them before the war shall be, and the same are hereby,
renewed.

Protection of united Art. 3. The undersigned chiefs and warriors, for themselves and
es ac now e ged. their said tribe, do hereby acknowledge themselves to be under the
protection of the United States of America, and of no other nation,
power, or sovereign, whatever.

TREATY WITH THE CHEROKEES, 1817.

• J^y s. 1817- Articles of a treaty concluded , at the • Cherokee Agency, within the

7 stat., i56. Cherokee nation , between major general Andrew Jackson , Joseph

proclamation, Dec. IP Minn, governor, of the state, of Tennessee, and general David

Meriwether, commissioners plenipotentiary of the United States of
America, of the one part, and the chiefs , head men, and warriors, of
the Cherokee nation , east of the Mississippi river, and the chiefs,
head men, and ivarriors , of the Cherokees on the Arkansas river , and
their deputies, John D. Chisholm and James Rogers, duly author¬
ized by the chiefs of the Cherokees on the Arkansas river, in open
council, by written power of attorney, duly signed and executed, in
presence of Joseph Sevier and William Ware.

preamble. Whereas in the autumn of the year one thousand eight hundred and

eight, a deputation from the Upper and Lower Cherokee towns, duly

TREATY WITH THE CHEROKEES, 1817.

authorized by their nation, went on to the city of Washington, the
first named to declare to the President of the United States their
anxious desire to engage in the pursuits of agriculture and civilized
life, in the country they then occupied, and to make known to the
President of the United States the impracticability of inducing the
nation at large to do this, and to request the establishment of a division
line between the upper and lower towns, so as to include all the waters
of the Hiwassee river to the upper town, that, by thus contracting
their society within narrow limits, they proposed to begin the estab¬
lishment of fixed laws and a regular government: The deputies from
the lower towns to make known their desire to continue the hunter
life, and also the scarcity of game where they then lived, and, under
those circumstances, their wish to remove across the Mississippi river,
on some vacant lands of the United States. And whereas the President
of the United States, after maturely considering the petitions of both
parties, on the ninth day of January, A. D. one thousand eight hun¬
dred and nine, including other subjects, answered those petitions as
follows: “The United States, my children, are the friends of both
parties, and, as far as can be reasonably asked, they are willing to
satisfy the wishes of both. Those who remain may be assured of our
patronage, our aid, and good neighborhood. Those who wish to
remove, are permitted to send an exploring party to reconnoitre the
country on the waters of the Arkansas and White rivers, and the
higher up the better, as they will be the longer unapproached by our
settlements, which will begin at the mouths of those rivers. The
regular districts of the government of St. Louis are already laid off to
the St. Francis.

“When this party shall have found a tract of country suiting the
emigrants, and not claimed by other Indians, we will arrange with
them and you the exchange of that for a just portion of the country
they leave, and to a part of which, proportioned to their numbers,
they have a right. Every aid towards their removal, and what will be
necessary for them there, will then be freely administered to them;
and when established in their new settlements, we shall still consider
them as our children, give them the benefit of exchanging their peltries
for what they will want at our factories, and always hold them firmly
by the hand.”

And whereas the Cherokees, relying on the promises of the President
of the United States, as above recited, did explore the country on the
west side of the Mississippi, and made choice of the country on the
Arkansas and White rivers, and settled themselves down upon United
States’ lands, to which no other tribe of Indians have any just claim,
and have duly notified the President of the United States thereof, and
of their anxious desire for the full and complete ratification of his
promise, and, to that end, as notified by the President of the United
States, have sent on their agents, with full powers to execute a treaty,
relinquishing to the United States all the right, title, and interest, to all
lands of right to them belonging, as part of the Cherokee nation, which
they have left, and which they are about to leave, proportioned to their
numbers, including, with those now on the Arkansas, those who are
about to remove thither, and to a portion of which they have an equal
right agreeably to their numbers.

Now, know ye, that the contracting parties, to carry into full effect
the before recited promises with good faith, and to promote a continua¬
tion of friendship with their brothers on the Arkansas river, and for
that purpose to make an equal distribution of the annuities secured to
be paid by the United States to the whole Cherokee nation, have agreed
and concluded on the following articles, viz:

Art. 1. The chiefs, head men, and warriors, of the whole Cherokee uSted°stateJafnSex°
nation, cede to the United States all the lands lying north and east of change for other
the following boundaries, viz: Beginning at the high shoals of the lands'

S. Doc. 452 — 7

TREATY WITH THE CHEROKEES, 1817.

Appalachy river, and running thence, along the boundary line between
the Greek and Cherokee nations, westwardly to the Chatahouchy river;
thence, up the Chatahouchy river, to the mouth of Souque creek; thence,
continuing with the general course of the river until it reaches the
Indian boundary line, and, should it strike the Turrurar river, thence,
with its meanders, down said river to its mouth, in part of the propor¬
tion of land in the Cherokee nation east of the Mississippi, to which
those now on the Arkansas and those about to remove there are justly
entitled.

[and?her cesdon of Art. 2. The chiefs, head men, and warriors, of the whole Cherokee
nation, do also cede to the United States all the lands lying north and
west of the following boundary lines, viz: Beginning at the Indian
boundary line that runs from the north bank of the Tennessee river,
opposite to the mouth of Hywassee river, at a point on the top of
Walden’s ridge, where it divides the waters of the Tennessee river from
those of the Sequatchie river; thence, along the said ridge, southwardly,
to the bank of the Tennessee river, at a point near to a place called the
Negro Sugar Camp, opposite to the upper end of the first island above
Running Water Town; thence, westwardly, a straight line to the
mouth of Little Sequatchie river; thence, up said river, to its main
fork; thence, up its northernmost fork, to its source; and thence, due
west, to the Indian boundary line.

Cherokee UNation *to Art. 3. It is also stipulated by the contracting parties, that a census
be taken6 ' a °n ° shall be taken of the whole Cherokee nation, during the month of J une,
in the year of our Lord one thousand eight hundred and eighteen, in
the following manner, viz: That the census of those on the east side
of the Mississippi river, who declare their intention of remaining, shall
be taken by a commissioner appointed by the President of the United
States, and a commissioner appointed by the Cherokees on the Arkansas
river; and the census of the Cherokees on the Arkansas river, and
those removing there, and who, at that time, declare their intention of
removing there, shall be taken by a commissioner appointed by the
President of the United States, and one appointed by the Cherokees
east of the Mississippi river.

Art. 4. The contracting parties do also stipulate that the annuity
cherokees? een T 16 due from the United States to the whole Cherokee nation for the year
one thousand eight hundred and eighteen, is to be divided bet ween the
two parts of the nation in proportion to their numbers, agreeably to
the stipulations contained in the third article of this treaty; and to be
continued to be divided thereafter in proportion to their numbers;
and the lands to be apportioned and surrendered to the United States
agreeably to the aforesaid enumeration, as the proportionate part,
agreeably to their numbers, to which those who have removed, and
who declare their intention to remove, have a just right, including
these with the lands ceded in the first and second articles of this
treaty.

_Tbernuedstat^tp Art. 5. The United States bind themselves, in exchange for the
ftc? as they receive lands ceded in the first and second articles hereof, to give to that part
from the cherokees. ^he Cherokee nation on the Arkansas as much land on said river
and White river as they have or may hereafter receive from the Cher¬
okee nation east of the Mississippi, acre for acre, as the just propor¬
tion due that part of the nation on the Arkansas agreeably to their
numbers; which is to commence on the north side of the Arkansas
river, at the mouth of Point Remove or Budwell’s Old Place; thence,
by a straight line, northwardly, to strike Chataunga mountain, or the
hill first above Shield’s Ferry on White river, running up and between
said rivers for complement, the banks of which rivers to be. the lines;
and to have the above line, from the point of beginning to the point
on White river, run and marked, which shall be done soon after the
ratification of this treaty; and all citizens of the United States, except

TREATY WITH THE CHEROKEES, 1817.

Mrs. P. Lovely, who is to remain where she lives during life, removed
from within the bounds as above named. And it is further stipulated,
that the treaties heretofore between the Cherokee nation and the United
States are to continue in full force with both parts of the nation, and
both parts thereof entitled to all the immunities and privilege which
the old nation enjoyed under the aforesaid treaties; the United States
reserving the right of establishing factories, a military post, and
roads, within the boundaries above defined.

Art. 6. The United States do also bind themselves to give to all
the poor warriors who may remove to the western side of the Missis¬
sippi river, one rifle gun and ammunition, one blanket, and one brass
kettle, or, in lieu of the brass kettle, a beaver trap, which is to be
considered as a full compensation for the improvements which they
ma}^ leave; which articles are to be delivered at 'such point as the
President of the United States may direct: and to aid in the removal
of the emigrants, they further agree to furnish flat bottomed boats
and provisions sufficient for that purpose: and to those emigrants
whose improvements add real value to their lands, the United States
agree to pay a full valuation for the same, which is to be ascertained
by a commissioner appointed by the President of the United States
for that purpose, and paid for as soon after the ratification of this
treaty as practicable. The boats and provisions promised to the emi¬
grants are to be furnished by the agent on the Tennessee river, at
such time and place as the emigrants may notify him of; and it shall
be his duty to furnish the same.

Art. 7. And for all improvements which add real value to the lands
lying within the boundaries ceded to the United States, by the first
and second articles of this treaty, the United States do agree to pay
for at the time, and to be valued in the same manner, as stipulated in
the sixth article of this treaty; or, in lieu thereof, to give in exchange
improvements of equal value which the emigrants may leave, and for
which they are to receive pay. And it is further stipulated, that all
these improvements, left by the emigrants within the bounds of the
Cherokee nation east of the Mississippi river, which add real value to
the lands, and for which the United States shall give a consideration,
and not so exchanged, shall be rented to the Indians by the agent,
year after year, for the benefit of the poor and decrepid of that part
of the nation east of the Mississippi river, until surrendered by the
nation, or to the nation. And it is further agreed, that the said Cher¬
okee nation shall not be called upon for any part of the consideration
paid for said improvements at any future period.

Art. 8. And to each and every head of any Indian family residing
on the east side of the Mississippi river, on the lands that are now, or
may hereafter be, surrendered to the United States, who may wish to
become citizens of the United States, the United States do agree to
give a reservation of six hundred and forty acres of land, in a square,
to include their improvements, which are to be as near the centre
thereof as practicable, in which they will have a life estate, with a
reversion in fee simple to their children, reserving to the widow her
dower, the register of whose names is to be filed in the office of the
Cherokee agent, which shall be kept open until the census is taken as
stipulated in the third article of this treaty. Provided, That if any
of the heads of families, for whom reservations may be made, should
remove therefrom, then, in that case, the right to revert to the United
States. And provided further, That the land which may be reserved
under this article, be deducted from the amount which has been ceded
under the first and second articles of this treaty.

Art. 9. It is also provided by the contracting parties, that nothing
in the foregoing articles shall be construed so as to prevent any of the
parties so contracting from the free navigation of all the waters men¬
tioned therein.

Former treaties in
force.

Rifle guns, ammuni¬
tion, etc., as compen¬
sation for Cherokee
improvements.

Full compensation
for improvements of
real value.

Payment for im¬
provements which
add real value to
ceded lands, etc.

Reservations for
heads of Indian fam¬
ilies.

Free navigation of
all the waters, etc.

100

TREATY WITH THE WYANDOTS, ETC., 1817.

Cession -to the Unit¬
ed States of certain
reservations.

Boundary lines to
be run by commis¬
sioners.

United States to
prevent intruders un¬
til the treaty is rati¬
fied, etc.

When to take effect.

Sept. 29, 1817.

7 Stat., 160.
Proclamation, Jan.
4, 1819.

Suppl emen tary
treaty, post, p. 124.

Cession of lands by
the Wyandots.

10. The whole of the Cherokee nation do hereby cede to the United
States all right, title, and claim, to all reservations made to Double¬
head and others, which were reserved to them by a treaty made and
entered into at the city of Washington, bearing date the seventh of
January, one thousand eight hundred and six.

Art. 11. It is further agreed that the boundary lines of the lands
ceded to the United States by the first and second articles of this treaty,
and the boundary line of the lands ceded by the United States in the
fifth article of this treaty, is to be run and marked by a commissioner
or commissioners appointed by the President of the United States, who
shall be accompanied by such commissioners as the Cherokees may
appoint; due notice thereof to be given to the nation.

Art. 12. The United States do also bind themselves to prevent the
intrusion of any of its citizens within the lands ceded by the first and
second articles of- this treaty, until the same shall be ratified by the
President and Senate of the United States, and duly promulgated.

Art. 13. The contracting parties do also stipulate that this treaty
shall take effect and be obligatory on the contracting parties so soon
as the same shall be ratified by the President of the United States, by
and with the advice and consent of the Senate of the United States.

TREATY WITH THE WYANDOTS, ETC., 1817.

Articles of a treaty made and concluded , at the foot of the Rapids of
the Miami of Lake Erie , between Lewis Cass and Duncan Me Arthur,
commissioners of the United States , with full power and authority to
hold conferences , and conclude and sign a treaty or treaties with all
or any of the tribes or nations of Indians within the boundaries of
the state of Ohio , of and concerning all matters interesting to the
United States and the said nations of Lndians on the one part / and
the sachems , chiefs , and warriors , of the Wyandot , Seneca , Delaware ,
Shawanese, Potawatomees , Ottawas , and Chippeway , tribes of
Lndians.

Art. 1. The Wyandot tribe of Indians, in consideration of the stip¬
ulations herein made on the part of the United States, do hereby for¬
ever cede to the United States the lands comprehended within the
following lines and boundaries: Beginning at a point on the southern
shore of lake Erie, where the present Indian boundary line intersects
the same, between the mouth of Sandusky bay and the mouth of Por¬
tage river; thence, running south with said line, to the line established
in the year one thousand seven hundred and ninety -five, by the treaty
of Greenville, which runs from the crossing place above fort Lawrence
to Loramie’s store; thence, westerly, with the last mentioned line, to
the eastern line of the reserve at Loramie’s store; thence, with the
lines of said reserve, north and west, to the northwestern corner
thereof; thence to the northwestern corner of the reserve on the river
St. Mary’s, at the head of the navigable waters thereof; thence, east,
to the western bank of the St. Mary’s river aforesaid; thence, down on
the western bank of the said river, to the reserve at fort Wayne;
thence, with the lines of the last mentioned reserve, easterly and
northerly, to the north bank of the river Miami of lake Erie; thence,
down on the north bank of the said river, to the western line of the
land ceded to the United States by the treaty of Detroit, in the year
one thousand eight hundred and seven; thence, with the said line,
south, to the middle of said Miami river, opposite the mouth of the
Great Auglaize river; thence, down the middle of said Miami river,
and easterly with the lines of the tract ceded to the United States by
the treaty of Detroit aforesaid, so far that a south line will strike the
place of beginning.

TREATY WITH THE WYANDOTS, ETC., 1817.

101

Art. 2. The Potawatomy, Ottawas, and Chippewav, tribes of
Indians, in consideration of the stipulations herein made on the part
of the United States, do hereby forever cede to the United States the
land comprehended within the following lines and boundaries: Begin¬
ning where the western line of the state of Ohio crosses the river
Miami of lake Erie, which is about twenty-one miles above the mouth
of the Great Auglaize river; thence, down the middle of the said
Miami river, to a point north of the mouth of the Great Auglaize
river; thence, with the western line of the land ceded to the United
States by the treaty of Detroit, in one thousand eight hundred and
seven, north forty-five miles; then, west, so far that a line south
will strike the place of beginning; thence, south, to the place of
beginning.

Art. 3. The Wyandot, Seneca, Delaware, Shawnese, Potawatomy,
Ottawas, and Chippeway, tribes of Indians accede to the cessions men¬
tioned in the two preceding articles.

Art. 4. In consideration of the cessions and recognitions stipulated
in the three preceding articles, the United States agree to pay to the
Wyandot tribe, annually, forever, the sum of four thousand dollars, in
specie, at Upper Sandusky: To the Seneca tribe, annually, forever,
the sum of five hundred dollars, in specie, at Lower Sandusky: To the
Shawnese tribe, annually, forever, the sum of two thousand dollars, in
specie, at Wapaghkonetta: To the Potawatomy tribe, annually, for the
term of fifteen years, the sum of one thousand three hundred dollars,
in specie, at Detroit : To the Ottawas tribe, annually, for the term of
fifteen years, the sum of one thousand dollars, in specie, at Detroit:
To the Chippewa tribe, annually, for the term of fifteen years, the sum
of one thousand dollars, in specie, at Detroit: To the Delaware tribe,
in the course of the year one thousand eight hundred and eighteen, the
sum of five hundred dollars, in specie, at Wapaghkonetta, but no
annuity: And the United States also agree, that all annuities due by
any former treaty to the Wyandot, Shawnese, and Delaware tribes, and
the annuity due by the treaty of Greenville, to the Ottawas and Chip-
pewas tribes, shall be paid to the said tribes, respectively, in specie.

Art. 5. The schedule hereunto annexed, is to be taken and con¬
sidered as part of this treaty; and the tracts herein stipulated to be
granted to the Wyandot, Seneca, and Shawnese, tribes of Indians, are
to be granted for the use of the persons mentioned in the said sched¬
ule, agreeably to the descriptions, provisions, and limitations, therein
contained.

Art. 6. The United States agree to grant, by patent, in fee simple,
to Doanquod, Howoner, Rontondee, Tauyau, Rontayau, Dawatont,
Manocue, Tauvaudautauson, and Haudaunwaugh, chiefs of the Wj^an-
dot tribe, and their successors in office, chiefs of the said tribe, for the
use of the persons and for the purposes mentioned in the annexed
schedule, a tract of land twelve miles square, at Upper Sandusky, the
centre of which shall be the place where fort Ferree stands ; and also a
tract of one mile square, to be located where the chiefs direct, on a
cramberry swamp, on Broken Sword creek, and to be held for the use
of the tribe.

The United States also agree to grant, by patent, in fee simple, to
Tahawmadoyaw, captain Harris, Isahownusay, Joseph Tawgyou, cap¬
tain Smith, Coffee-house, Running About, and Wiping stick, chiefs of
the Seneca tribe of Indians, and their successors in office, chiefs of the
said tribe, for the use of the persons mentioned in the annexed sched¬
ule, a tract of land to contain thirty thousand acres, beginning on the
Sandusky river, at the lower corner of the section hereinafter granted
to William Spicer; thence, down the said river, on the east side, with
the meanders thereof at high water mark, to a point east of the mouth
of Wolf creek; thence, and from the beginning, east, so far that a north
line will include the quantity of thirt}^ thousand acres aforesaid.

Cession of lands by
Potawatomies, Otta¬
was, and Chippewas.

Other tribes accede

Annual payments
to certain tribes.

Annuities under
former treaties.

Schedule a part of
the treaty.

Grants in fee simple
to the Wyandots.

Grant to the Sene¬
cas.

102

TEE AT Y WITH THE WYAHDOTS, ETC., 1817.

Grant to the Shaw-
nees.

Grant to the Shaw-
nees on Hog Creek.

Grants to the Shaw-
nees and Senecas at
Lewistown.

Reservations for the
Ottawas.

Power of convey¬
ance in grantees.

Agent to make par¬
tition.

Grants to Indian
connections.

E. Whitaker.

The United States also agree to grant, by patent, in fee simple, to
Catewekesa or Black Hoof, Byaseka or Wolf, Pomthe or Walker, She-
menetoo or Big Snake, Othawakeseka or Yellow Feather, Chakalowah
or the Tail’s End, Pemthala or John Perry, Wabepee or White Colour,
chiefs of the Shawnese tribe, residing at Wapaghkonetta, and their
successors in office, chiefs of the said tribe, residing there, for the use
of the persons mentioned in the annexed schedule, a tract of land ten
miles square, the centre of which shall be the council-house at Wapagh¬
konetta.

The United States also agree to grant, by patent, in fee simple, to
Peeththa or Falling Tree, and to Onowaskemo or the Resolute Man,
chiefs of the Shawnese tribes, residing on Hog Creek, and their suc¬
cessors in office, chiefs of the said tribe, residing there, for the use of
the persons mentioned in the annexed schedule, a tract of land con¬
taining twenty-five square miles, which is to join the tract granted at
Wapaghkonetta, and to include the Shawnese settlement on Hog creek,
and to be laid off as near as possible in a square form.

The United States also agree to grant, by patent, in fee simple, to
Quatawape or Captain Lewis, Shekaghkela or Turtle, Skilowa or Robin,
chiefs of the Shawnese tribe of Indians residing at Lewistown, and to
Mesomea or Civil John, Wakawuxsheno or the White Man, Oquasheno
or Joe, and Willaquasheno or When you are tired sit down, chiefs of
the Seneca tribe of Indians residing at Lewistown, and to their succes¬
sors in office, chiefs of the said Shawnese and Seneca tribes, for the use
of the persons mentioned in the annexed schedule, a tract of land to
contain forty-eight square miles, to begin at the intersection of the line
run by Charles Roberts, in the year one thousand eight hundred and
twelve, from the source of the Little Miami river to the source of the
Sciota river, in pursuance of instructions from the commissioners ap¬
pointed on the part of the United States, to establish the western bound¬
ary of the Virginia Military Reservation, with the Indian boundary
line established by the treaty of Greenville, in one thousand seven hun¬
dred and ninety-five, from the crossings above fort Lawrence to Lora-
mie’s store, and to run from such intersection, northerly, with the first
mentioned line, and westerly, with the second mentioned line, so as to
include the quantity as nearly in a square form as practicable, after
excluding the section of land hereinafter granted to Nancy Stewart.

There shall also be reserved for the use of the Ottawas Indians, but
not granted to them, a tract of land on Blanchard’s fork of the Great
Auglaize river, to contain five miles square, the centre of which tract
is to be where the old trace crosses the said fork, and one other tract
to contain three miles square, on the Little Auglaize river, to include
Oquanoxa’s village.

Art. 7. And the said chiefs or their successors may, at any time
they may think proper, convey to either of the persons mentioned in
the said schedule, or his heirs, the quantity secured thereby to him, or
may refuse so to do. But the use of the said land shall be in the said
person; and after the share of any person is conveyed by the chiefs to
him, he may convey the same to any person whatever. And any one
entitled by the said schedule to a portion of the said land, may, at any
time, convey the same to any person, by obtaining the approbation of
the President of the United States, or of the person appointed by him
to give such approbation. And the agent of the United States shall
make an equitable partition of the said share when conveyed.

Art. 8. At the special request of the said Indians, the United States
agree to grant, by patent, in fee simple, to the persons hereinafter
mentioned, all of whom are connected with the said Indians, by blood
or adoption, the tracts of land herein described:

To Elizabeth Whitaker, who was taken prisoner by the Wyandots,
and has ever since lived among them, twelye hundred and eighty acres

TREATY WITH THE WYANH0T8, ETC., 1817.

103

- of land, on the west side of the Sandusky river, below Crogbansville,
to be laid off in a square form, as nearly as the meanders of the said
river will admit, and to run an equal distance above and below the
house in which the said Elizabeth Whitaker now lives.

To Robert Armstrong, who was taken prisoner by the Indians, and R- ArmstrOEg-
has ever since lived among them, and has married a Wyandot woman,
one section, to contain six hundred and forty acres of land, on the west
side of the Sandusky river, to begin at the place called Camp Ball, and
to run up the river, with the meanders thereof, one hundred and sixty
poles, and, from the beginning, down the river, with the meanders
thereof, one hundred and sixty poles, and from the extremity of these
lines west for quantity.

To the children of the late William M‘Collock, who was killed in wn^M'Coiiock611 °f
August, one thousand eight hundred and twelve, near Maugaugon,
and who are quarter-blood Wyandot Indians, one section, to contain
six hundred and forty acres of land, on the west side of the Sandusky
river, adjoining the lower line of the tract hereby granted to Robert
Armstrong, and extending in the same manner with and from the said
river.

To John Vanmeter, who was taken prisoner by the Wyandots, and his°wifJ?brotSrSan<i
who has ever since lived among them, and has married a Seneca
woman, and to his wife’s three brothers, Senecas, who now reside on
Honey creek, one thousand acres of land, to begin north, forty-five
degrees west, one hundred and forty poles from the house in which
the said John Vanmeter now lives, and to run thence, south, three
hundred and twenty poles, thence, and from the beginning, east for
quantity.

To Sarah Williams, Joseph Williams, and Rachel Nugent, late wmiams and jSS
Rachel Williams, the said Sarah having been taken prisoner by the Nugent.

Indians, and ever since lived among them, and being the widow, and
the said Joseph and Rachel being the children, of the late Isaac Wil¬
liams, a half-blood Wyandot, one quarter section of land, to contain
one hundred and sixty acres, on the east side of the Sandusky river,
below Croghansville, and to include their improvements at a place
called Negro Point.

To Catharine Walker, a W}Tandot woman, and to John R. Walker, SOn john.ker and her
her son, who was wounded in the service of the United States, at the
battle of Mauguagon, in one thousand eight hundred and twelve, a sec¬
tion of six hundred and forty acres of land each, to begin at the north¬
western corner of the tract hereby granted to John Vanmeter and his
wife’s brothers, and to run with the line thereof, south, three hundred
and twenty poles, thence, and from the beginning, west for quantity.

To William Spicer, who was taken prisoner by the Indians, and has Wm-sPicer-
ever since lived among them, and has married a Seneca woman, a sec¬
tion of land, to contain six hundred and forty acres, beginning on the
east bank of the Sandusky river, forty poles below the lower corner
of said Spicer’s cornfield, thence, up the river on the east side, with
the meanders thereof, one mile, thence, and from the beginning, east
for quantity.

To Nancy Stewart, daughter of the late Shawnese chief Blue Jacket, Nancy stewart.
one section of land, to contain six hundred and forty acres, on the
Great Miami river below Lewistown, to include her present improve¬
ments, three quarters of the said section to be on the southeast side of
the river, and one quarter on the northwest side thereof.

To the children of the late Shawnese chief captain Logan, or Spa- tai^hLogiSrenofCap'
magelabe, who fell in the service of the United States during the late
war, one section of land, to contain six hundred and forty acres, on
the east side of the Great Auglaize river, adjoining the lower line of the
grant of ten miles at Wapaghkonetta and the said river.

104

A. Shane.

J. M Fheigon.

The Cherokee Boy.

A. D. and R. God-
froy.

Yellow Hair.

Agent for the Wyan-
dots, Senecas, and Del¬
awares.

Agent for the Shaw-
nees.

Agent for the Wyan-
dots and Senecas to
Occupy land.

Sawmill, etc., for
Indians.

Rights of hunting
and making sugar.

Payment to Indians
for property destroyed
during the war with
Great Britain.

TREATY WITH THE WYANDOTS, ETC., 1817.

To Anthony Shane, a half blood Ottawas Indian, one section of land,,
to contain six hundred and forty acres, on the east side of the river
St. Mary’s, and to begin opposite the house in which said Shane now
lives, thence, up the river, with the meanders thereof, one hundred
and sixty poles, and from the beginning down the river, with the
meanders thereof, one hundred and sixty poles, and from the extremity
of the said lines east for quantitj".

To James McPherson, w*ho was taken prisoner by the Indians, an
has ever since lived among them, one section of land, to contain si.
hundred and forty acres, in a square form, adjoining the northern or
western line of the grant of forty-eight miles at Lewistown, at such
place as he may think proper to locate the same.

To Horonu, or the Cherokee Boy, a Wyandot chief, a section of
land, to contain six hundred and forty acres, on the Sandusky river,
to be laid off in a square form, and to include his improvements.

To Alexander D. Godfroy and Richard Godfroy, adopted children
of the Potawatomy tribe, and at their special request, one section of
land, to contain six hundred and forty acres, in the tract of country
herein ceded to the United States by the Potawatomy, Ottawas, and
Chippewas, tribes, to be located by them, the said Alexander and Rich¬
ard, after the said tract shall have been surveyed.

To Saw*endebans, or the Yellow Hair, or Peter Minor, an adopted
son of Tondaganie, or the Dog, and at the special request of the Otta¬
was, out of the tract reserved by the treaty of Detroit, in one thousand
eight hundred and seven, above Roche de Boeuf, at the village of the
said Dog, a section of land, to contain six hundred and forty acres,
to be located in a square form, on the north side of the Miami, at the
Wolf Rapid.

Art. 9. The United States engage to appoint an agent, to reside
among or near the Wyandots, to aid them in the protection of their
persons and property, to manage their intercourse with the govern¬
ment and citizens of the United States, and to discharge the duties
which commonly appertain to the office of Indian agent; and the same
agent is to execute the same duties for the Senecas and Delawares on
the Sandusky river. And an agent for similar purposes, and vested
with similar powers, shall be appointed, to reside among or near the
Shawnese, whose agency shall include the reservations at Wapaghko-
netta, at Lewistowm, at Hog creek, and at Blanchard’s creek. And
one mile square shall be reserved at Malake for the use of the agent
for the Shawnese.

And the agent for the Wyandots and Senecas shall occupy such
land in the grant at Upper Sandusky, as may be necessary for him
and the persons attached to the agency.

Art. 10. The United States engage to erect a saw-mill and a grist¬
mill, upon some proper part of the Wyandot reservation, for their
use, and to provide and maintain a blacksmith, for the use of the
Wyandots and Senecas, upon the reservation of the Wyandots, and
another blacksmith, for the use of the Indians at Wapaghkonetta, Hog*
creek, and Lewistown.

Art. 11. The stipulations contained in the treaty of Greenville,
relative to the right of the Indians to hunt upon the land hereby ceded,
while it continues the property of the United States, shall apply to
this treaty; and the Indians shall, for the same term, enjoy the privi¬
lege of making sugar upon the same land, committing no unnecessary
waste upon the trees.

Art. 12. The United States engage to pay, in the course of the year
one thousand eight hundred and eighteen, the amount of the damages
which were assessed by the authority of the secretary of war, in favor
of several tribes and individuals of the Indians, who adhered to the
cause of the United States during the late war with great Britain, and

TREATY WITH THE WYANDOTS, ETC. , 1817.

105

whose property was, in consequence of such adherence, injured or
destroyed. And it is agreed, that the sums thus assessed shall be paid
in specie, at the places, and to the tribes or individuals, hereinafter
mentioned, being in conformity with the said assessment; that is to say:

To the Wyandots, at Upper Sandusky, four thousand three hundred
and nineteen dollars and thirty-nine cents.

To the Senecas, at Lower Sandusky, three thousand nine hundred
and eighty-nine dollars and twenty-four cents.

To the Indians at Lewis and Scoutashs towns, twelve hundred and
twenty-seven dollars and fifty cents.

To the Delawares, for the use of the Indians who suffered losses at
Greentown and at Jerome’s town, three thousand nine hundred and
fifty-six dollars and fifty cents, to be paid at Wapaghkonetta.

To the representatives of Hembis, a Delaware Indian, three hundred
and forty-eight dollars and fifty cents, to be paid at Wapaghkonetta.

To the Shawnese, an additional sum of four hundred and twenty
dollars, to be paid at Wapaghkonetta.

To the Senecas, an additional sum of two hundred and nineteen dol¬
lars, to be paid at Wapaghkonetta.

Art. 13. And whereas the sum of two thousand five hundred dollars treaty’ofrort^indus-
has been paid by the United States to the Shawnese, being one half of try-
five years’ annuities due by the treaty of Fort Industry, and whereas
the Wyandots contend that the whole of the annuity secured by that
treaty is to be paid to them, and a few persons of the Shawnese and
Senecas tribes; now, therefore, the commissioners of the United States,
believing that the construction given by the Wyandots to the said
treaty is correct, engage that the United States shall pay to the said
Wyandot tribe in specie, in the course of the year one thousand eight
hundred and eighteen, the said sum of two thousand five hundred
dollars.

Art. 14. The United States reserve to the proper authority, the femes'18’ taverns’ and
right to make roads through any part of the land granted or reserved
by this treaty; and also to the different agents, the right of establish¬
ing taverns and ferries for the accommodation of travellers, should the
same be found necessary.

Art. 15. The tracts of land herein granted to the chiefs, for the use taxeants free froin
of the Wyandot, Shawnese, Seneca, and Delaware Indians, and the
reserve for the Ottawa Indians, shall not be liable to taxes of any kind
so long as such land continues the property of the said Indians.

Art. 16. Some of the Ottawa, Chippewa, and Potawatomy tribes, t f Indian dchn

being attached to the Catholic religion, and believing they may wish dren. ° n ian c ’ ~
some of their children hereafter educated, do grant to the rector of the
Catholic church of St. Anne of Detroit, for the use of the said church,
and to the corporation of the college at Detroit, for the use of the said
college, to be retained or sold, as the said rector and corporation may
judge expedient, each, one half of three sections of land, to contain six
hundred and forty acres, on the river Raisin, at a place called Macon;
and three sections of land not yet located, which tracts were reserved,
for the use of the said Indians, by the treaty of Detroit, in one thousand
eight hundred and seven; and the superintendent of Indian affairs, in
the territory of Michigan, is authorized, on the part of the said Indians,
to select the said tracts of land.

Art. 17. The United States engage to pay to any of the Indians, the improvements to be-
value of any improvements which they may be obliged to abandon in paid for‘
consequence of the lines established by this treat}^.

Art. 18. The Delaware tribe of Indians, in consideration of the cession by the Dei-
stipulations herein made on the part of the United States, do hereby awares'
forever cede to the United States all the claim which they have to the
thirteen sections of land reserved for the use of certain persons of
their tribe, b}^ the second section of the act of congress, passed March ww, eh. 49.
the third, one thousand eight hundred and seven, providing for the

106

TREATY WITH THE WYANDOTS, ETC., 1817.

Grant to James and
Silas Armstrong.

Grant to the Otta-
nvas.

Treaty obligatory
when ratified.

Appropriation of
part of the lands
granted to the Wyan-

Division ot tbe re¬
mainder,

disposal of the lands of the United States between the United States
Military Tract and the Connecticut Reserve, and the lands of the United
States between the Cincinnati and Vincennes districts.

Art. 19. The United States agree to grant, by patent, in fee simple,
to Zeeshawau, or James Armstrong, and to Sanondoy ouray quaw, or
Silas Armstrong, chiefs of the Delaware Indians, living on the San¬
dusky waters, and their successors in office, chiefs of the said tribe,
for tlae use of the persons mentioned in the annexed schedule, in the
same manner, and subject to the same conditions, provisions, and limi¬
tations, as is hereinbefore provided for the lands granted to the Wyan¬
dot, Seneca, and Shawnese, Indians, a tract of land, to contain nine
square miles, to join the tract granted to the Wyandots of twelve
miles square, to be laid off as nearly in a square form as practicable,
and to include Captain Pipe’s village.

Art. 20. The United States also agree to grant, by patent, to the
chiefs of the Ottawas tribe of Indians, for the use of the said tribe, a
tract of land, to contain thirty-four square miles, to be laid out as
nearly in a square form as practicable, not interfering with the lines
of the tracts reserved by the treaty of Greenville on the south side of
the Miami river of Lake Erie, and to include Tushquegan, or M’Carty’s
village; which tracts, thus granted, shall be held by the said tribe,
upon the usual conditions of Indian reservations, as though no patent
were issued.

Art. 21. This treaty shall take effect, and be obligatory on the con¬
tracting parties, as soon as the same shall have been ratified by the
President of the United States, by and with the advice and consent of
the Senate thereof.

Schedule referred to in the foregoing treaty , and to be taken and con¬
sidered as part thereof.

Three sections, to contain six hundred and forty acres each, are to
be reserved out of the tract of twelve miles square to be granted to
the W yandots. One of the said sections is to be appropriated to the
use of a missionary, one for the support of schools, and one for the
support of mechanics, and to be under the direction of the chiefs.
Two sections, of six hundred and forty acres each, are to be granted
to each of the following persons, being the chief of the Wyandot tribe,
and his six counsellors, namely: Doouquod, or half king; Routoudu,
or Warpole; Tauyaurontoyou, or Between the logs; Dawatout, or
John Hicks; Manocue, or Thomas; Sauyoudautausaw, or George
Ruuh ; and Hawdowuwaugh, or Matthews.

And, after deducting the fifteen sections thus to be disposed of, the
residue of the said tract of twelve miles square is to be equally divided
among the following persons, namely: Hoocue, Roudootouk, Mahoma,
Naatoua, Mautanawto, Maurunquaws, Naynuhanky, Abrrn. Williams,
sen. Squautaugh, Tauyouranuta, Tahawquevouws, Dasharows, Tray-
hetou, Hawtooyou, Maydounaytove, Neudooslau, Deecalrautousay,
Houtooyemaugh, Datoowawna, Matsaye-aanyourie, James Ranken,
Sentumass, Tahautoshowweda, Madudara, Shaudauaye, Shamadeesay,
Sommodowot, Moautaau, Nawsottomaugh, Maurawskinquaws, Tawtoo-
lowme, Shawdouyeayourou, Showweno, Dashoree, Sennewdorow,
Toayttooraw, Mawskattaugh,Tahawshodeuyea,Haunarawreudee, Shau-
romou, Tawyaurontoreyea, Roumelay, Nadocays, Carry umanduetaugh,
Bigarms, Madonrawcays, Haurauoot, Syhrundash, Tahorowtsemdee,
Roosayn, Dautoresay, Nashawtoomous, Skawduutoutee, Sanorowsha,
Nautennee, Youausha, Aumatourow, Ohoutautoon, Tawyougaustayou,
Sootonteeree, Dootooau, Hawreewaucudee, Yourahatsa,Towntoreshaw,
Syuwewataugh, Cauyou, Omitztseshaw, Gausawaugh, Skashoways-
squaw, Mawdovdoo, Karowayshaus, Nawcatay, Isuhowhayeato, Mya-

TREATY WITH THE WYANDOTS, ETC., 1817.

107

tousha, Tauoodowma, Youhreo, George Williams, Oharvatoy, Saharos-
sor, Isaac Williams, Squindatee, Mayeatohot, Lewis Coon, Isatouque
or John Coon, Tawaumanocay or E. Wright, Owawtatuu, Isontraudee,
Tomatsahoss, Sarrahoss, Tauyoureeho^eow, Saudotoss, Toworordu or
Big Ears, Tauomatsarau, Tahoroudoyou or Two, Daureehau, Dauo-
reenu, Trautohauweetough, Yourowquains or the widow of the Crane,
Caunaytoma, Hottomorrow, Taweesho, Dauquausay, Toumou, Hoogau-
doorow, Newdeetoutow, Dawhowhouk, Daushouteehawk, Sawaronuis,
Norrorow, Tawwass, Tawareroons, Neshaustay, Toharratough, Tau-
rowtotucawaa, Youshindauyato, Tauosanays, Sadowerrais, Isanowtow-
touk or Fox Widow, Sauratoudo or William Zane, Hayanoise or Ebene-
zer Zane, Mawcasharrow or widow M’Cullock, Susannah, Teshaw-
taugh, Bawews, Tamataurank, Razor, Rahisaus, Cudeetore, Shawne-
taurew, Tatrarow, Cuqua, Yourowon, Sauyounaoskra, Tanorawayout,
Howcuquawdorow, Gooyeamee, Dautsaqua, Maudamu, Sanoreeshoc,
Hauleeyeatausay,Gearoohee, Matoskrawtouk, Dawweeshoe, Sawyoura-
wot,Nacudseoranauaurayk,Youronurays,Scoutash,Serroymuch,Hoon-
deshotch,Ishuskeah,Dusharraw,Ondewaus,Duyewtale,Roueyoutacolo,
Hoonorowyoutacob, Hownorowduro, Nawanaunonelo, Tolhomanona,
Chiyamik, Tyyeakwheunohale, Aushewhowole, Schowondashres, Mon-
dushawquaw, Tayoudrakele, Giveriahes, Sootreeshuskoh, Suyouturaw,
Tiudee, Tahorroshoquaw, Irahkasquaw, Ishoreameusuwat, Curoweyot
tell, Noriyettete, Siyarech, Testeatete.

The thirty thousand acres for the Senecas upon the Sandusky river,
is to be equally divided among the following persons, namely: Syuwa-
sautau, Nawwene, Joseph, Iseumetaugh or Picking up a club, Oraw-
haotodie or Turn over, Saudaurous or Split the river, Tahowtoorains
or Jo Smee, Ispomdu are Yellow-bay, Dashowrowramou or Drifting
sand, Hauautounasquas, Hamyautuhow, Tahocayn, Howdautauyeao
or King George, Standing Bones, Cyahaga or Fisher, Suthemoore,
Red Skin, Mentauteehoore, Hyanashraman or Knife in his hand, Run¬
ning About, John Smith, Carrying the Basket, Cauwauay or Striking,
Rewauyeato or Carrying the news, Half up the Hill, Trowyoudoys or
G. Hunter, Spike Buck, Caugooshow or Clearing up, Mark on his Hip,
Captain Hams, Isetaune or Crying often, Taunerowyea or Two compa¬
nies, Haudonwauays or Stripping the river, Isohauhasay or Tall chief,
Tahowmandoyou, Howyouway or Paddling, Clouding up, Youwautow-
toyou or Burnt his body, Shetouyouwee or Sweet foot, Tauhaugains-
toany or Holding his hand about, Oharrawtodee or Turning over,
Haucaumarout, Sarrowsauismatare or Striking sword, Sadudeto,
Oshoutoy or Burning berry, Hard Hickery, Curetscetau, Youronocay
or Isaac, Youtradowwonlee, Newtauyaro, Tayouonte or Old foot, Tauo-
sanetee, Syunout or Give it to her, Doonstough or hunch on his fore¬
head, Tyaudusout or Joshua Hendricks, Taushaushaurow or Cross the
arms, Henry, Youwaydauyea or the Island, Armstrong, Shake the
Ground, His Neck Down, Youheno, Towotoyoudo or Looking at her,
Captain Smith, Tobacco, Standing Stone, Ronunaise or Wiping stick,
Tarsduhatse or Large bones, Hamanchagave, House Fly or Maggot,
Roudouma or Sap running, Big Belt, Cat Bone, Sammy, Taongauats
or Round the point, Ramuye or Hold the sky, Mentou(ludu, Howno-
tant, Slippery nose, Tauslowquowsay or Twenty wives, Hoogaurow or
Mad man, Coffee-house, Long Hair.

The tract of ten miles square at Wapaghkonetta is to be equally
divided among the following persons, namely: The Black Hoof, Pom-
the or Walker, Piaseka or Wolf, Shemenutu or Snake, Othawakeseka
or Yellow Feather, Penethata or Perry, Chacalaway or the End of the
tail, Quitawee or War chief, Sachachewa, Wasewweela, Waseweela or
Bright horn, Othawsa or Yellow, Tepetoseka, Caneshemo, Newabe-
tucka, Cawawescucka, Thokutchema, Setakosheka, Topee or James
Saunders, Meshenewa, Tatiape, Pokechaw, Alawaymotakah, Lalloway
or Perry, Wabemee, Nemekoshe, Nenepemeshequa or Cornstalk, She-

Division of the lands
granted to the Sene¬
cas. •

Division of the tract
at Wapaghkonetta.

108

TREATY WITH THE WYA^DOTS, ETC., 1817.

Division of the tract
at Hog Creek. -

Division of the tract
including Lewistown.

Division of the tract
for the Delawares.

she, Shawabag'hke, Naneskaka, Thakoskaor David M‘Nair, Skapakake,
Shapoquata, Peapakseka, Quaghquona, Quotowame, Nitaskeka, Tha-
kaska or Spy buck, Pekathchseka, Tewaskoota or James Blue Jacket,
Calawesa, Quaho, Kaketchheka or W. Perry, Swapee, Peektoo or Davy
Baker, Skokapowa or George M‘Dougall, Chepakosa, Shemay or Sam,
Chiakoska or Captain Tom, General Wayne, Thaway, Othawee, Wee-
asesaka or Captain Peed, Lewaytaka, Tegoshea or George, Skekacum-
sheka, Wesheshemo, Mawenatcheka, Quashke, Thaswa, Baptieute,
Waywalapee, Peshequkame, Chakalakee or Tom, Keywaypee, Egota-
cumshequa, Wabepee, Aquashequa, Pemotah, Nepaho, Takepee, Topo-
sheka, Lathawanomo, Sowaghkota or Yellow clouds, Meenkesheka,
Asheseka, Ochipway, Thapaeka, Chakata, Nakacheka, Thathouakata,
Paytokothe, Palaske, Shesheloo, Quanaqua, Kalkoo, Toghshena, Cap-
owa, Ethowakosee, Quaquesha, Capea, Thakatcheway, The man going
up hill, Magotha, Tecumtequa, Setepakothe, Kekentha, Shiatwa, Shiab-
wasson, Koghkela, Akopee or a Heep of any thing, Latnatothe, Kesha,
Pankoor, Peitehthator or Peter, Metchepelah, Capeah, Showagame,
Wawaleepesheeka, Meewensheka, Nanemepahtoo or Trotter, Pamitch-
epetoo, Chalequa, Tetetee, Lesheshe, Nawabasheka or white feather,
Skepakeskeshe, Tenakee, Shemaka, Pasheto, Thiatcheto, Metche-
metche, Chacowa, Lawathska, Potchetee or the Man without a tail,
Awabaneshekaw, Patacoma, Lamakesheka, Papashow, Weathaksheka,
Pewaypee, Totah, Canaqua, Skepakutcheka, Welviesa, Kitahoe, Neen-
takoshe, Oshaishe, Chilosee, Quilaisha, Mawethaque, Akepee, Quelenee.
The tract of five miles square, at Hog creek, is to be equally divided
among the following persons, namely: Peeththa, Onowashim, Pemath-
eywa, Wabekesheke, Leeso, Pohcaywese, Shemagauashe, Nehquaka-
hucka, Papaskootepa, Meamepetoo, Welawenaka, Petiska, Ketuckepe,
Lawitchetee, Epaumee, Chanacke, Jose, Lanawytucka, Shawaynaka,
Wawatashewa, Ketaksosa, Shashekopeah, Lakose, Quinaska.

The tract of forty -eight square miles, including Lewistown, is to be
equally divided among the following persons, namely : /Shawnoese —
Colonel Lewis, Polly Kizer, Theueteseepuah or Weed, Calossete,
Vamauweke, Waucumsee, Skitlewa, Nayabepe, Wosheta, Nopamago,
Willesque, Salock, Walathe, Silversmith, Siatha, Toseluo, Jemmy
McDonald, Jackson, Mohawk Thomas, Silverheels, John, Wewachee,
Cassic, Atshena, Frenchman, Squesenau, Goohunt, Manwealte, Wali-
see, Billy, Thawwamee, W opsquitty, Nay wale, Big Turtle, Nolawat,
Nawalippa, Razor, Blue, Tick, Nerer, Falling Star, Hale Clock, Hisos-
cock, Essquaseeto, Geore, Nuussome, Sauhanoe, Joseph, Scotowe,
Battease, Crow, Shilling, Scotta, Nowpour, Nameawah, Quemauto,
Snife,_ Captain, Taudeteso, Sonrise, Sowget, Deshau, Lettle Lewis,
Jacquis, Tonaout, Swaunacou, General, Cussaboll, Bald, Crooked
Stick, Wespata, Newasa, Garter, Porcupine, Pocaloche, Wocheque,
Sawquaha, Enata, Panther, Colesetos, Joe. Senecas — Civil John,
Wild Duck, Tall Man, Molasses, Ash, Nahanexa, Tasauk, Agusquenah,
Roughleg, Quequesaw, Playful, Hairlip, Sieutinque, Hillnepewava-
tuska, Tauhunsequa, Nynoah, Suchusque, Leemutque, Treuse, Sequate,
Caumecus, Scowneti, Tocondusque, Conhowdatwaw, Cowista, Nequa-
tren, Cowhousted, Giilwas, Axtaea, Conawwehow, Sutteasee, Kiahoot,
Crane, Silver, Bysaw, Crayfiste, Woolvhead, Conundahaw, Shacosaw,
Coindos, Hutchequa, Nayau, Connodose, Coneseta, Nesluauta, Owl,
Couauka, Cocheco, Couewash, Sinnecowacheckowe or Leek.

The tract of three miles square for the Delaware Indians, adjoining
the tract of twelve miles square upon the Sandusky river, is to be
equally divided among the following persons, namely: Captain Pipe,
Zeshauau or James Armstrong, Mahawtoo or John Armstrong, Sanow-
doyeasquaw or Silas Armstrong, Teorow or Black Raccoon, Hawdo-
rowwatistie or Billy Montour, Buck Wheat, William Dondee, Thomas
Lyons, Johnny Cake, Captain Wolf, Isaac Hill, John Hill, Tishata-
hoones or widow Armstrong, Ayenucere, Hoomaurow or John Ming*
Youdorast.

TREATY WITH THE CREEKS, 1818.

-A treaty of limits between the United States and the Greek nation of
Indians , made and concluded at the Greek Agency , on Flint river ,
the twenty-second day of January, in the year of our Lord one thou¬
sand eight hundred and eighteen.

James Monroe, President of the United States of America, by
David Brydie Mitchell, of the state of Georgia, agent of Indian affairs
for the Creek nation, and sole commissioner, specially appointed for
that pupose, on the one part, and the undersigned kings, chiefs, head
men, and warriors, of the Creek nation, in council assembled, on
behalf of the said nation, of the other part, have entered into the fol¬
lowing articles and conditions, viz:

Art. 1. The said kings, chiefs, head men, and warriors, do hereby
agree, in consideration of certain sums of money to be paid to the said
Creek nation, by the government of the United States, as hereinafter
stipulated, to cede and forever quit claim, [and do, in behalf of their
said nation, hereby cede, relinquish, and forever quit claim,] unto the
United States, all right, title, and interest, which the said nation have,
or claim, in or unto, the two following tracts of land, situate, lying,
and being, within the following bounds; that is to say: 1st. Beginning
at the mouth of Goose Creek, on the Alatamahau river, thence, along
the line leading to the Mounts, at the head of St. Mary’s river, to
the point where it is intersected by the line run by the commissioners
of the United States under the treaty of Fort Jackson, thence, along
the said last-mentioned line, to a point where a line, leaving the same,
shall run the nearest and a direct course, by the head of a creek called
by the Indians Alcasalekie, to the Ocmulgee river: thence, down the
said Ocmulgee river, to its junction with the Oconee, the two rivers
there forming the Alatamahau; thence, down the Alatamahau, to the
ffrst-mentioned bounds, at the mouth of Goose creek. 2d. Beginning
at the high shoals of the Appalacbee river, and from thence, along the
line designated by the treaty made at the city of Washington, on the
fourteenth day of November, one thousand eight hundred and fifteen,
to the Ulcofouhatchie, it being the first large branch, or fork, of the
Ocmulgee, above the Seven Islands; thence, up the eastern bank of the
Ulcofouhatchie, by the water’s edge, to where the path, leading from
the high shoals of the Appalachie to the shallow ford on the Chataho-
chie, crosses the same; and, from thence, along the said path, to the
shallow ford on the Chatahochie river; thence, up the Chatahochie
river, by the water’s edge, on the eastern side, to Suwannee old town;
thence, by a direct line, to the head of Appalachie; and thence, down
the same, to the first-mentioned bounds at the high shoals of Appalachie.

^ Art. 2. It is hereby stipulated and agreed, on the part of the United
States, as a full consideration for the two tracts of land ceded by the
Creek nation in the preceding article, that there shall be paid to the
Creek nation by the United States, within the»present year, the sum of
twenty thousand dollars, and ten thousand dollars shall be paid annually
for the term of ten succeeding years, without interest; making, in the
whole, eleven payments in the course of eleven years, the present year
inclusive; and the whole sum to be paid, one hundred and twenty
thousand dollars.

Art. 3. And it is hereoy further agreed, on the part of the United
States, that, in lieu of all former stipulations relating to blacksmiths,
they will furnish the Creek nation for three years with two black¬
smiths and strikers.

Art. 4. The President may cause any line to be run which may be
necessary to designate the boundary of any part of both, or either, of
the tracts of land ceded by this treaty, at such time, and in such man¬
ner, as he may deem proper. And this treaty shall be obligatory on
the contracting parties as soon as the same shall be ratified bv the
government of the United States.

toy

Jan. 22, 1818.

7 Stat.,17L
Proclamation, Mar.
28, 1818.

The Creeks cede two
tracts of land to
United States.

Bounds of the first
tract.

Second tract.

Payment for said
cession.

Two blacksmiths
and strikers to be fur¬
nished.

Line to be run by
United States.

Treaty to be obliga¬
tory when ratified.

110

June 18, 1818.

7 Stat., 172.
Proclamation, Jan.
7, 1819.

Injuries, etc., for¬
given.

Perpetual peace and
friendship.

Protection of United
States acknowledged.

Violators of this
treaty to be delivered
up, etc.

June 19, 1818.

7 Stat., 173.
Proclamation, Jan.
7, 1819.

Injuries, etc., for¬
given.

Perpetual peace and
friendship.

Protection of United
States acknowledged.

Violators of this
treaty to be delivered
up, etc.

TREATY WITH THE NOISY PAWNEES, 1818.

TREATY WITH THE GRAND PAWNEES, 1818.

A treaty of peace and friendship made and concluded by , and between r
William Clark and Auguste Chouteau , Commissioners of the United'
States of America, on the part and behalf of the said States , of the
one part , and the undersigned chiefs and warriors of the Grand
Pawnee tribe , on the part and behalf of their said tribe , of the other
part.

The parties, being desirous of establishing peace and friendship
between the United States and the said tribe, have agreed to the fol¬
lowing articles:

Art. 1. Every injury, or act of hostility, by one or either of the
contracting parties against the other, shall be mutually forgiven and
forgot.

Art. 2. There shall be perpetual peace and friendship between all
the citizens of the United States of America, and all the individuals
composing the said Grand Pawnee tribe.

Art. 3. The undersigned chiefs and warriors, for themselves and
their said tribe, do hereby acknowledge themselves to be under the
protection of the United States of America, and of no other nation,
power, or sovereign, whatsoever.

Art. 4. The undersigned chiefs and warriors, for themselves and
the tribe they represent, do moreover promise and oblige themselves
to deliver up, or cause to be delivered up, to the authority of the
United States, (to be punished according to law,) each and every indi¬
vidual of the said tribe, who shall, at any time hereafter, violate the
stipulations of the treaty this day concluded between the said tribe
and the said United States.

TREATY WITH THE NOISY PAWNEES, 1818.

A treaty of peace and friendship, made and concluded by, and between,
William Clark and Auguste Chouteau, Commissioners of the United
States of America, on the part and behalf of the said States, of the
one part , and the undersigned, chiefs and warriors of the Pitarirate
Noisy Pawnee tribe , on the part mid behalf of their said tribe, of the
other part.

The parties, being desirous of establishing peace and friendship
between the United States and the said tribe, have agreed to the fol¬
lowing articles:

Art. 1. Every injury or act of hostility by one or either of the con¬
tracting parties, against the other, shall be mutually forgiven and
forgot.

Art. 2. There shall be perpetual peace and friendship between all
the citizens of the United States of America, and all the individuals
composing the said Noisy Pawnee tribe.

Art, 4. The undersigned chiefs and warriors, for themselves and
the tribe they represent, do moreover promise and oblige themselves
to deliver up, or cause to be delivered up, to the authority of the
United States, (to be punished according to law,) each and every indi¬
vidual of the said tribe, who shall, at any time hereafter, violate the-
stipulations of the treaty this day concluded between the said Noisy
Pawnee tribe and the said States.

TREATY WITH THE PAWNEE MAHARS, 1818.

TREATY WITH THE PAWNEE REPUBLIC, 1818.

A treaty of peace and friendship, made and concluded by, and between,
William Clark and Auguste Chouteau, Commissioners of the United
States of America, on the part and behalf of the said States, of the
one part, and the undersigned , chiefs and icarriors of the Pawnee
Republic , on the part and behalf of their tribe, of the other part.

The parties, being desirous of establishing peace and friendship
between the United States and the said tribe, have agreed to the fol¬
lowing articles:

Art. 1. Every injury or act of hostility, by one or either of the
contracting parties, against the other, shall be mutually forgiven and
forgot.

Art. 2. There shall be perpetual peace and friendship between all
the citizens of the United States of America, and all the individuals
composing the said Pawnee tribe.

Art. 3. The undersigned, chiefs and warriors, for themselves and
their said tribe, do hereby acknowledge themselves to be under the
protection of the United States of America, and of no other nation,
power, or sovereign, whatsoever.

Art. 4. The undersigned chiefs and wrarriors, for themselves and
the tribe they represent, do moreover promise and oblige themselves
to deliver up, or to cause to be delivered up, to the authority of the
United States, (to be punished according to law,i each and every indi¬
vidual of the said tribe who shall, at any time hereafter, violate the
stipulations of the treaty this day concluded between the said Pawnee
Republic and the said States.

TREATY WITH THE PAWNEE MARHARS, 1818.

A treaty of peace and friendship, made and concluded by, and between,
William Clark and Auguste Chouteau, Commissioners of the United
States of America, on the part and behalf of the said States , of the one
part, and the undersigned, chiefs and warriors of the Pawnee Marhar
tribe, on the part and behalf of their said tribe, of the other part .

The parties, being desirous of establishing peace and friendship
between the United States and the said tribe, have agreed to the fol¬
lowing articles:

Art. 1. Every injury or act of hostility, by one or either of the
contracting parties, against the other, shall be mutually forgiven and
forgot.

Art. 2. There shall be perpetual peace and friendship between all
the citizens of the United States of America, and all the individuals
composing the said Pawnee tribe.

Art. 4. The undersigned chiefs and warriors, for themselves and the
tribe they represent, do moreover promise and oblige themselves to
deliver up, or to cause to be delivered up, to the authority of the
United States, (to be punished according to law,) each and every indi¬
vidual of the said tribe, who shall, at any time hereafter, violate the
stipulations of the treaty this ’da}' concluded between the said Pawnee
Marhar tribe and the said States.

Ill

June 20, 1818.

7 Stat., 174.
Proclamation, Jan...
17, 1819.

Injuries, etc., for¬
given.

Perpetual peace and'
friendship.

Protection of United
States acknowledged.

Violators of this-,
treaty to be delivered
up, etc.

June 22, 1818.

7 Stat., 175.
Proclamation, Jan.
5, 1819.

Injuries, etc., for¬
given.

Perpetual peace and
friendship.

Protection of United
States acknowledged.

Violators of this
treaty to be delivered
up, etc.

112

Aug. 24, 1818.

7 Stat., 176.
Proclamation Jan . 5,
1818.

Protection of United
States acknowledged.

Cession of lands.

(* A map accompa¬
nies the original
treaty. )

Reservation.

The Quapaws may
hunt in the ceded ter¬
ritory, until, etc.

No persons to settle
on lands reserved.

Payment in goods
lor lands ceded.

TREATY WITH THE QUAPAWS, 1818.

A treaty of friendship, cession , and limits , made and entered into , this
twenty -fourth day of August, eighteen hundred and eighteen, by, and
between , William Clark and Auguste Chouteau, Commissioners on
the part and behalf of the United States, of the one part, and the
undersigned, chiefs and warriors of the Quapaw tribe or nation, on
the part and behalf of their said tribe or nation, of the other part.

Art. 1. The undersigned chiefs and warriors, for themselves and
their said tribe or nation, do hereby acknowledge themselves to be
under the protection of the United States, and of no other state, power,
or sovereignty, whatsoever.

Art. 2. The undersigned chiefs and warriors, for themselves and
their said tribe or nation, do hereby, for, and in consideration of, the
promises and stipulations hereinafter named, cede and relinquish to
the United States, forever, all the lands within the following bounda¬
ries, viz: Beginning at the mouth of the Arkansaw river; thence,
extending up the Arkansaw, to the Canadian fork, and up the Cana¬
dian fork to its source; thence south, to Big Red river, and dowrn the
middle of that river, to the Big Raft; thence, a direct line, so as to
strike the Mississippi river, thirty leagues in a straight line, below the
mouth of Arkansaw; together with all their claims to land east of the
Mississippi, and north of the Arkansaw river, included within the
coloured lines 1, 2, and 3, on the above map,* with the exception and
reservation following, that is to say: the tract of country bounded as
follows: Beginning at a point on the Arkansaw river, opposite the
present post of Arkansaw, and running thence, a due southwest course,
to the Washita river; thence, up that river, to the Saline fork; and up
the Saline fork to a point, from whence a due north course would
strike the Arkansaw river at the Little Rock; and thence, down the
right bank of the Arkansaw, to the place of beginning: which said
tract of land, last above designated and reserved, shall be surveyed
and marked off, at the expense of the United States, as soon as the
same can be done with convenience, and shall not be sold or disposed
of, by the said Quapaw tribe or nation, to any individual whatever,
nor to any state or nation, without the approbation of the United
States first had and obtained..

Art. 3. It is agreed, between the United States and the said tribe
or nation, that the individuals of the said tribe or nation shall be at
liberty to hunt within the territory by them ceded to the United
States, without hindrance or molestation, so long as they demean them¬
selves peaceably, and offer no injury or annoyance to any of the citi¬
zens of the United States, and untif the said United States may think
proper to assign the same, or any portion thereof, as hunting grounds
to other friendly Indians.

Art. 4. No citizen of the United States, or any other person, shall
be permitted to settle on any of the lands hereby allotted to, and
reserved for, the said Quapaw tribe or nation, to live and hunt on ;
yet it is expressly understood and agreed on, by, and between, the
parties aforesaid, that, at all times, the citizens of the United States
shall have the right to travel and pass freely, without toll or exaction,
through the Quapaw reservation, by such roads or routes as now are,
or hereafter may be, established.

Art. 5. In consideration of the cession and stipulations aforesaid,
the United States do hereby promise and bind themselves to pay and
deliver to the said Quapaw tribe or nation, immediately upon the exe¬
cution of this treaty, goods and merchandise to the value of four thou
sand dollars, and to deliver, or cause to be delivered, to them, yearly,
and every year, goods and merchandise to the value of one thousand
dollars, to be estimated in the city or place, in the United States
where the same are procured or purchased.

113

TREATY WITH THE WYANDOTS, ETC., 1818.

Art. 6. Least the fiiendship which now exists between the United no private revenge
States and the said tribe or nation, should be interrupted by the mis- £duaTries by indi'
conduct of individuals, it is hereby agreed, that, for injuries done by
individuals, no private revenge or retaliation shall take place; but,
instead thereof, complaints shall be made by the party injured, to the
othei ; by the tiibe or nation aforesaid, to the governor, superintend¬
ent of Indian affairs, or some other person authorized and appointed
for that purpose; and by the governor, superintendent, or other per¬
son authorized, to the chiefs of the said tribe or nation. And it shall offenders to be de-
be the duty of the said tribe or nation, upon complaint being made, ment* up for punish'
as aforesaid, to deliver up the person or persons, against whom the
complaint is made, to the end that he or they may be punished, agree¬
ably to the laws of the state or territory where the offence mav have
been committed; and, in like manner, if any robbery, violence, or
murder, shall be committed on any Indian or Indians, belonging to
the said tribe or nation, the person or persons so offending shall be
tried, and. if found guilty, punished in like manner as if the injury
had been done to a white man. And it is further agreed, that the Recovery of stolen
chiefs of the said tribe or nation shall, to the utmost of their power, property-
exert themselves to recover horses, or other property, which may be
stolen from any citizen or citizens of the United States, by any indi¬
vidual or individuals of the said tribe or nation; and the property so
recovered, 4shall be forthwith delivered to the governor, superintend¬
ent, or other person authorized to receive the same, that it may be
restored to the proper owner. And in cases where the exertions of Deduction for prop-
the chiefs shall be ineffectual in recovering the property stolen, as froLSannuitybemade
aforesaid, if sufficient proof can be obtained that such property was
actually stolen by an Indian or Indians, belonging to the said tribe or
nation, a sum, equal to the value of the property which has been stolen,
may be deducted, by the United States, from the annuity of said tribe
or nation. And the United States hereby guaranty to the individuals Indemnification for
of the said tribe or nation, a full indemnification for any horse or indianlybfcitize?s°m
horses, or other property, which may be taken from them by any of
their citizens: Provided, the property so stolen cannot be recovered,
and that sufficient proof is produced that it was actually stolen by a cit¬
izen or citizens of the United States.

Art. 7. This treaty shall take effect, and be obligatory on the con- ^Treat y obligatory
tracting parties, as soon as the same shall have been ratified by the w en ratl e '
President of the United States, by and with the advice and consent of
the Senate.

TREATY WITH THE WYAHDOTS, ETC., 1818.

Articles of a treaty made and concluded . at St. Mary's, in the state of sept. 17, isi8.
Ohio, between Lewis Cass and Duncan McArthur, commissioners of - 7Stat f “
the United States, with full power and authority to hold conferences , Proclamation, jan.
and conclude and sign a treaty or treaties , with all or any of the tribes 4’ 1819‘
or nations of Indians within the boundaries of the state of Ohio, of
and concerning all matters interesting to the United States and the
said nations of Indians, and the sachems, chiefs, and warriors, of the
Wyandot, Seneca, Shawnese , and Ottawas, tribes of Indians; being
supplementary to the treaty made and concluded with the said tribes,
and the Deleware, Potawatamie, and Chippewa, tribes of Indians, at
the foot of the Rapids of the Miami of Lake Erie, on the twenty-
ninth day of September, in the year of our Lord one thousand eight
hundred and seventeen .

Art. 1. It is agreed, between the United States and the parties here- t) Jhe grants m the
unto, that the several tracts'of land, described in the treaty to which 1817, to be considered
this is supplementary, and agreed thereby to be granted by the United ffihe
States to the chiefs of the respective tribes named therein, for the use <Rans.

S. Doc. 452 - 8

114

TREATY WITH THE WYAHDOTS, ETC., 1818.

Additional reserva¬
tion for the Wyan-
dots.

Reservation for Wy-
andots at Solomon’s
town, etc.

Additional reserva¬
tion for the Shawnees
and Senecas.

Further reservation
for the Senecas.

Grants to certain
persons not to be con¬
veyed without per¬
mission.

Additional annui¬
ties to the Wyandots,
etc.

When to take effect.

of the individuals of the said tribes, and also the tract described in the
twentieth article of the said treaty, shall not be thus granted, but shall be
excepted from the cession made by the said tribes to the United States,
reserved for the use of the said Indians, and held by them in the same
manner as Indian reservations have been heretofore held. But [it] is
further agreed, that the tracts thus reserved shall be reserved for the
use of the Indians named in the schedule to the said treaty, and held
by them and their heirs forever, unless ceded to the United States.

Art. 2. It is also agreed that there shall be reserved for the use of
the Wyandots, in addition to the reservations before made, fifty -five
thousand six hundred and eighty acres of land, to be laid off in two
tracts, the first to adjoin the south line of the section of six hundred
and forty acres of land heretofore reserved for the Wyandot chief, the
Cherokee Boy, and to extend south to the north line of the reserve of
twelve miles square, at Upper Sandusky, and the other to adjoin the
east line of the reserve of twelve miles square, at Upper Sandusky,
and to extend east for quantity.

There shall also be reserved, for the use of the Wyandots residing
•at Solomon’s town, and on Blanchard’s fork, in addition to the reser¬
vations before made, sixteen thousand acres of land, to be laid off in a
square form, on the head of Blanchard’s fork, the centre of which
shall be at the Big Spring, on the trace leading from Upper Sandusky
to fort Findlay; and one hundred and sixty acres of land,, for the use
of the Wyandots, on the west side of the Sandusky river, adjoining
the said river, and the lower line of two sections of land, agreed, by
the treatv to which this is supplementarv, to be granted to Elizabeth
Whitaker.

There shall also be reserved, for the use of the Shawnese, in addi¬
tion to the reservations before made, twelve thousand eight hundred
acres of land, to be laid off adjoining the east line of their reserve of
ten miles square, at Wapaughkonetta; and for the use of the Shawnese
and Senecas, eight thousand nine hundred and sixty acres of land, to
be laid off adjoining the west line of the reserve of forty -eight square
miles at Lewistown. And the last reserve hereby made, and the for¬
mer reserve at the same place, shall be equally divided by an east and
west line, to be drawn through the same. And the north half of the
said tract shall be reserved for the use of the Senecas who reside there,
and the south half for the use of the Shawnese who reside there.

There shall also be reserved for the use of the Senecas, in addition
to the reservations before made, ten thousand acres of land, to be laid
off on the east side of the Sandusky river, adjoining the south line of
their reservation of thirty thousand acres of land, which begins on the
Sandusky river, at the lower corner of William Spicer’s section, and
excluding therefrom the said William Spicers section.

Art. 3. It is hereby agreed that the tracts of land, which, by the
eighth article of the treaty to which this is supplementary, are to be
granted by the United States to the persons therein mentioned, shall
never be conveyed, by them or their heirs, without the permission of
the President of the C nited States.

Art. 4. The United States agree to pay to the Wyandots an addi¬
tional annuity of five hundred dollars, forever; to the Shawnese, and
to the Senecas of Lewistown, an additional annuity of one thousand
dollars, forever; and to the Senecas an additional annuity of five hun¬
dred dollars, forever; and to the Ottawas an additional annuity of one
thousand five hundred dollars, forever. And these annuities shall be
paid at the places, and in the manner, prescribed by the treaty to which
this is supplementary.

Art. 5. This treaty shall take effect, and be obligatory on the con¬
tracting parties, as soon as the same shall be ratified by the President
of the United States, by and with the advice and consent of the Sen¬
ate thereof.

115

TREATY WITH THE PEORIAS, ETC., 1818.

TREATY WITH THE WYANDOTS, 1818.

Articles of a treaty made and concluded , at St. Marfs , in the state of sept. 20, ms.
Ohio, between Lewis Cass , Commissioner of the United States, thereto 7stat..i80.
specially authorized by the President of the United States , and the 7, ism. amatlon’ an'
chiefs and warriors of the Wyandot tribe of Indians.

Art. 1. The Wyandot tribe of Indians hereby cede to the United Cession of lands
States all the right reserved to them in two tracts of land, in the terri¬
tory of Michigan, one including the village called Brownstown, and the
other the village called Maguagua, formerly in the possession of the
"W yandot tribe of Indians, containing in the whole not more than five
thousand acres of land; which two tracts of land were reserved for the
use of the said W yandot tribe of Indians, and their descendants, for the
term of fifty years, agreeably to the provisions of the act of Congress,
passed February 28, 1809, and entitled “An act for the relief of i809.ch.23.
certain Alabama and Wyandot Indians.”

Art. 2. In consideration of the preceding cession, the United States Reservation for the
will reserve, for the use of the said Wyandott Indians, sections num- sout? ofetheairfv<S
bered twenty-three, twenty-four, twenty -five, twenty-six, thirty-four, Huron,
thirty-five, thirty-six, twenty-seven, and that part of section numbered
twenty-two, which contains eight acres, and lies on the south side of
the river Huron, being in the fourth township, south of the base line,
and in the ninth range east of the first meridian, in the territory of
Michigan, and containing four thousand nine hundred and ninety-six
acres; and the said tract of land shall be reserved for the use of the
said Wyandott Indians, and their descendants, and be secured to them
in the same manner, and on the same terms and conditions, as is pro¬
vided in relation to the Alabama Indians, by the first section of the
beforementioned act of Congress, except that the said Wyandott
Indians, and their descendants, shall hold the said land so long as they
or their descendants shall occupy the same.

TREATY WITH THE PEORIAS, ETC., 1818.

A treaty made am.d concluded by, and between, Ninian Edwards and _ Sept 25, 1818~

Auguste Chouteau , Commissioners on the part and behalf of the proclamation Jan
United States of America, of the one part, and the undersigned, 5, isi9.
principal chiefs and warriors of the Peoria, Kaskaskia, Mitchigamia,

Cahokia, and Tamar ois, tribes of the Illinois nation of Indians, on
the part and behalf of the said tribes, of the other part.

Whereas, by the treaty made at Vincennes, on the thirteenth day Preamble*
of August, in the year of our Lord one thousand eight hundred and
three, between the United States, of the one part, and the head chiefs
and warriors of the tribe of Indians commonly called the Kaskaskia
tribe, but which was composed of, and rightfully represented, the
Kaskaskia, Mitchigamia, Cahokia, and Tamarois, tribes of the Illinois
nation of Indians, of the other part, a certain tract of land was ceded
to the United States, which was supposed to include all the land
claimed by those respective tribes, but which did not include, and was
not intended to include, the land which was rightfully claimed by the
Peoria Indians, a tribe of the Illinois nation, who then did, and still
do, live separate and apart from the tribes abovemen tioned, and who
were not represented in the treaty refered to above, nor ever received
any part of the consideration given for the cession of land therein
mentioned: And whereas the said tribe of Peoria are now also disposed
to cede all their land to the United States, and, for the purpose of
avoiding any dispute with regard to the boundary of their claim, are
willing to unite with the Kaskaskia, Mitchigamia, Cahokia, and Tam¬
arois, tribes, in confirming the cession of land to the United States,

116

TREATY WITH THE OS AGES, 1818.

which was made by the treaty above refered to, and in extending the
cession so as to include all the land claimed b}7 those tribes, and them¬
selves, respectively:

tribe^1 parties uo twt > Art. 1. For which purpose the undersigned, head chiefs and war-
treaty- riors of the Peoria, Kaskaskia, Mitchigamia, Cahokia, and Tamarois,

tribes of the Illinois nation of Indians, for the considerations herein¬
after mentioned, do hereby relinquish, cede, and confirm, to the
United States, all the land included within the following boundaries,
viz: Beginning at the confluence of the Ohio and Mississippi rivers;
thence, up the Ohio, to the mouth of Saline creek, about twelve miles
below the mouth of the Wabash; thence, along the dividing ridge
between the waters of said creek and the Wabash, to the general
dividing ridge between the waters which fall into the Wabash and
those which fall into the Kaskaskia river; thence, along the said ridge,
until it reaches the waters which fall into the Illinois river; thence, a
direct line to the confluence of the Kankakee and Maple rivers; thence,
down the Illinois river, to its confluence with the Mississippi river,
and down the latter to the beginning.

treat Vincennes to Art. 2. It is mutually agreed, by the parties hereto, that all the
continue obligatory, stipulations contained in the treaty,' above referred to, shall continue
binding and obligatory on both parties.

protect d thftetribes! Art. 3. The United States will take the Peoria tribe, as well as the
parties to this treaty! other tribes herein abovementioned, under their immediate care and
patronage, and will afford them a protection as effectual, against an}7
other Indian tribes, and against all other persons whatever, as is
wfr wbbout c°onsSt enj°ye(i hy the citizens of the United States.. And the said Peoria
of united states. tribe do hereby engage to refrain from making war, or giving any
insult or offence, to any other Indian tribe, or to any foreign nation,
without first having obtained the approbation and consent of the United
States.

Payment to the Art. 4. In addition to two thousand dollars’ worth of merchandize,
this day paid to the abovementioned tribes of Indians, the receipt
whereof is hereby acknowledged, the United States promise to pay to
the said Peoria tribe, for the term of twelve years, an annuity of three
hundred dollars, in money, merchandize, or domestic animals, at the
option of the said tribe; to be delivered at the village of St. Gene¬
vieve, in the territory of Missouri.

Hhe«4nJnited fiateI Art. 5. The United States agree to cede, to the said Peoria tribe,
to the peOTifl.0 six hundred and forty acres of land, including their village on Black-
water river, in the territory of Missouri; provided that the said tract
is not included within a private claim; but should that be the case, then
some other tract of equal quantity and value shall be designated for
said tribe, at such place as the President of the United States may
present3 etccein fun direct. And the said Peoria tribe hereby agree to accept the same,
for aii tiieir claims, together with the presents now given them, and the annuity hereby
promised them, as a full equivalent for all and every tract of land to
which they have any pretence of right or title.

TREATY WITH THE OSAGES, 1818.

— Sept 25, 1818' _ - A treaty made and concluded by , and between. , William Clark, governor

Proclamation Jan °f. thf Missouri Territory, superintendent of Indian of airs, and com-
7, i8i9. ’ ‘ mtssioner in behalf of the United States, of the one part; and a full

and complete deputation of considerate men, chiefs, and warriors, of
all the several bands of the Great and Little Osage nation, assembled
in behalf of their said nation, of the other pari; have agreed to the
following articles:

Art. 1. Whereas the Osage nations have been embarrassed by the
frequent demands for property taken from the citizens of the United
States, by war parties, and other thoughtless men of their several

TREATY WITH THE POT AW ATOMIES, 1818.

117

bands, (both before and since their war with the Cherokees,) and as
the exertions of their chiefs have been ineffectual in recovering and
delivering such property, conformably with the condition of the ninth
article of a treaty, entered into with the United States, at Fort Clark,
the tenth of November, one thousand eight hundred and eight; and as
the deductions from their annuities, in conformity to the said article,
would deprive them of any for several years, and being destitute of
funds to do that justice to the citizens of the United States which is
calculated to promote a friendly intercourse, thev have agreed, and do
hereby agree, to cede to the United States, and forever quit claim to, stateTo^a^trS^f
the tract of country included within the following bounds, to wit: country within the
Beginning at the Arkansaw river, at where the present Osage boundary bounds mentioned>
line strikes the river at Frog Bayou; then up the Arkansaw and Ver¬
digris, to the falls of Verdigris river; thence, eastwardly, to the said
Osage boundary line, at a point twenty leagues north from the Arkan¬
saw river; and, with that line, to the place of beginning.

Art. 2. The United States, on their part, and in consideration of the eertainttosses> sul

above cession, agree, in addition to the amount which the Osage do now tabled by their8 citf-
receive in money and goods, to pay their own citizens the full value of zens-
such property as they can legally prove to have been stolen or destroyed
by the said Osage, since the year one thousand eight hundred and four¬
teen: provided the same does not exceed the sum of four thousand
dollars.

Art. 3. The articles now stipulated will be considered as permanent con^dere^as^pema-
additions to the treaties, now in force, between the contracting parties, nent additions to for-
as soon as they shall have been ratified by the President of the United mertreaties*

States of America, by and with the advice and consent of the Senate
of the said United States.

TREATY WITH THE POTAWATOMIES, 1818.

Articles of a treaty made and concluded at St. Mary's, in the state of Qct.2,i8i8.

Ohio, between Jonathan Jennings , Lewis Cass , and Benjamin Parke , 7stat.,i85.

commissioners of the United States , and the Potawatamie nation of i5Pir8°i9!amation’ Jan'

Indians.

Art. 1. The Potawatamie nation of Indians cede to the United States lai?a by

all the country comprehended within the following limits: Beginning e ° awa mies'
at the mouth of the Tippecanoe river, and running up the same to a
point twenty-five miles in a direct line from the Wabash river — thence,
on a line as nearly parallel to the general course of the Wabash river
as practicable, to a point on the Vermilion river, twenty-five miles
from the Wabash river; thence, down the Vermilion river to its mouth,
and thence, up the Wabash river, to the place of beginning. The
Potawatamies also cede to the United States all their claim to the coun¬
try south of the Wabash river.

Art. 2. The United States agree to purchase any just claim which to^Sse^ick^oo
the Kickapoos may have to any part of the country hereby ceded ciamf. ase 10 ap0°
below Pine creek.

Art. 3. The United States agree to pay to the Potawatamies a per- Perpetual annuity
petual annuity of two thousand five hundred dollars in silver; one half ° ° awa °mies'
of which shall be paid at Detroit, and the other half at Chicago; and
all annuities which, by any former treaty, the United States have
engaged to pay' to the Potawatamies, shall be hereafter paid in silver.

Art. 4. The United States agree to grant to the persons named in Grants not to be
the annexed schedule, and their heirs, the quantity of land therein con3d of ^uStS
stipulated to be granted; but the land so granted shall never be con- States-
veyed by either of the said persons, or their heirs, unless by the con¬
sent of the President of the United States.

118

TREATY WITH THE DELAWARES, 1818.

Schedule of gran¬
tees.

Oct. 2, 1818.

7 Stat., 186.
Proclamation, Jan.
7, 1819.

Cession of land by
the Weas.

Reservation.

Grant to C. Dagemy
and Mary Shields.

The Weas sanction
a cession of land by
the Kickapoos in 1809.

Payment to Weas.

Oct. 3, 1818.

7 Stat., 188.
Proclamation, Jan.
15, 1819.

Delawares cede all
claim to land in In¬
diana.

Schedule referred to in the foregoing treaty.

There shall be granted to James Burnett, Isaac Burnett, Jacob Bur¬
nett, and Abraham Burnett, two sections of land each; and to Rebecca
Burnett and Nancy Burnett, one section of land each; which said James,
John, Isaac, Jacob, Abraham, Rebecca, and Nancy, are children of
Cakimi, a Potawatamie woman, sister of Topinibe, principal chief of
the nation; and six of the sections herein granted, shall be located from
the mouth of the Tippecanoe river, down the Wabash river, and the
other six [five] sections shall be located at the mouth of Flint river.

There shall be granted to Perig, a Potawatamie chief, one section of
land on the Flint river, where he now lives. There shall also be granted
to Mary Chatalie, daughter of Neebosh, a Potawatamie chief, one sec¬
tion of land, to be located below the mouth of Pine river.

TREATY WITH THE WEAS, 1818.

Articles of a treaty made and concluded , at St. Mary’s , between the

United States of America , by their Commissioners , Jonathan Jen¬
nings, Lewis Cass , and Benjamin Park , and the Wea tribe of Indians.

Art. 1. The said Wea tribe of Indians agree to cede to the United
States all the lands claimed and owned by the said tribe, within the
limits of the states of Indiana, Ohio, and Illinois.

Art. 2. The said Wea tribe of Indians reserve to themselves the
following described tract of land, viz: Beginning at the mouth of
Raccoon creek; thence, by the present boundar}^ line, seven miles;
thence, northeasterly, seven miles, to a point seven miles from the
Wabash river; thence to the Wabash river, by a line parallel to the
present boundary line aforesaid; and thence, by the Wabash river, to
the place of beginning: to be holden by the said tribe as Indian reser¬
vations are usually held.

Art. 3. The United States agree to grant to Christmas Dageny and
Mary Shields, formerly Mary Dageny, children of Mechinquamesha,
sister of Jacco, a chief of the said tribe, and their heirs, one section
of land each; but the land hereby granted shall not be conveyed or
transfered to any person or persons, by the grantees aforesaid, or
their heirs, or either of them, but with the consent of the President
of the United States.

Art. 4. The said Wea tribe of Indians accede to, and sanction, the
cession of land made by the Kickapoo tribe of Indians, in the second
article of a treaty concluded between the United States and the said
Kickapoo tribe, on the ninth day of December, one thousand eight
hundred and nine.

Art. 5. In consideration of the cession made in the foregoing arti¬
cles of this treaty, the United States agree to pay to the said Wea
tribe of Indians, one thousand eight hundred and fifty dollars annu¬
ally, in addition to the sum of one thousand one hundred and fifty
dollars, (the amount of their former annuity,) making a sum total of
three thousand dollars; to be paid in silver, by the United States,
annually, to the said tribe, on the reservation described by the second
article of this treaty.

TREATY WITH THE DELAWARES, 1818.

Articles of a treaty made and concluded at St. Mary’s, in the state of
Ohio, between Jonathan Jennings, Lewis Cass, and Benjamin Parke,
commissioners of the United States , and the Delaware nation, of
Indians.

Art. 1. The Delaware nation of Indians cede to the United States
all their claim to land in the state of Indiana.

TREATY WITH THE MI AMIS, 1818.

119

Art. 2. In consideration of the aforesaid cession, the United States
agee to provide for the Delawares a country to reside in, upon the west
side of the Mississippi, and to guaranty to them the peaceable posses¬
sion of the same.

Art. 3. The United States also agree to pay the Delawares the full
value of their improvements in the country hereby ceded: which valua¬
tion shall be made by persons to be appointed for that purpose by the
President of the United States; and to furnish the Delawares with one
hundred and twenty horses, not to exceed in value forty dollars each,
and a sufficient number of perogues, to aid in transporting them to the
west side of the Mississippi; and a quantity of provisions, proportioned
to their numbers, and the extent of their journey.

Art. 4. The Delawares shall be allowed the use and occupation of
their improvements, for the term of three years from the date of this
treaty if they so long require it.

Art, 5. The United States agree to pay to the Delawares a perpetual
annuity of four thousand dollars; which, together with all annuities
which the United States, by any former treaty, engaged to pay to them,
shall be paid in silver, at any place to which the Delawares may remove.

Art. 6. The United States agree to provide and support a blacksmith
for the Delawares, after their removal to the west side of the Mississippi.

Art. 7. One half section of land shall be granted to each of the fol¬
lowing persons, namely; Isaac Wobby, Samuel Cassman, Elizabeth
Petchaka, and Jacob Dick; and one quarter of a section of land shall
be granted to each of the following persons, namely; Solomon Tindell,
and Benoni Tindell; all of whom are Delawares; which tracts of land
shall be located, after the country is surveyed, at the first creek above
the old fort on White river, and running up the river; arid shall be held
by the persons herein named, respectively, and their heirs; but shall
never be conveyed or transferred without the approbation of the Presi¬
dent of the United States.

Art. 8. A sum, not exceeding thirteen thousand three hundred and
twelve dollars and twenty -five cents, shall be paid by the United States,
to satisfy certain claims against the Delaware nation; and shall be
expended b}^ the Indian agent at Piqua and Fort Wayne, agreeably to
a schedule this day examined and approved by the commissioners of
the United States.

Art. 9. This treaty, after the same shall be ratified by the President
and Senate of the United States, shall be binding on the contracting
parties.

TREATY WITH THE MIAMIS, 1818.

Articles of a treaty made and concluded , at St. Mary’s , in the state of
Ohio , between Jonathan Jennings , Lewis Cass , and Benjamin Parke,
Commissioners of the United States , and the Miame nation of
Indians.

Art. 1. The Miami nation of Indians cede to the United States the
following tract of country: Beginning at the Wabash river, where the
present Indian boundary line crosses the same, near the mouth of
Raccoon creek; thence, up the Wabash river, to the reserve at its
head, near Fort Wayne; thence, to the reserve at Fort Wayne;
thence, with the lines thereof, to the St. Mary’s river; thence, up the
St. Mary’s river, to the reservation at the portage; thence, with the
line of the cession made by the Wyandot nation of Indians to the
United States, at the foot of the Rapids of the Miami of Lake Erie,
on the 29th day of September, in the year of our Lord one thousand
eight hundred and seventeen, to the reservation at Loramie’s store;
thence, with the present Indian boundary line, to Fort Recovery;
and, with the said line, following the courses thereof, to the place of
beginning.

United States to pro¬
vide a country for
them west of the Mis¬
sissippi.

Full compensation
for improvements of
Delawares.

Delawares allowed
to occupy improve¬
ments for three years.

Perpetual annuity
to Delawares.

A blacksmith to be
provided.

Grants of land to in-
dividuals— not trans¬
ferable without con¬
sent.

United States to pay
certain claims on the
Delawares.

Treaty binding
when ratified.

Oct. 6, 1818.

7 Stats., 189.
Proclamation Jan.
15, 1819.

Cession of lands by
the Miamis.

120

TREATY WITH THE MIAMIS, 1818.

Reservations from
the cession for the use
of the Miamis.

Tracts granted by
United States to J. B.
Richardville.

Other grants to per¬
sons named.

Art. 2. From the cession aforesaid the following reservations, for
the use of the Miami nation of Indians, shall be made; one reserva¬
tion, extending along the Wabash river, from the mouth of Salamanie
river to the mouth of Eel river, and from those points, running due
south, a distance equal to a direct line from the mouth of Salamanie
river to the mouth of Eel river. One other reservation, of two miles
square, on the river Salamanie, at the mouth of Atehepongqwawe
creek. One other reservation, of six miles square, on the Wabash
river, below the forks thereof. One other reservation, of ten miles
square, opposite the mouth of the river A Bouette. One other reser¬
vation, of ten miles square, at the village on Sugar Tree Creek. One
other reservation, of two miles square, at the mouth of a creek, called
Flat Rock, where the road to White river crosses the same.

Art. 3. The United States agree to grant, by patent,, in fee simple,
to Jean Bapt. Richardville, principal chief of the Miami nation of
Indians, the following tracts of land: Three sections of land, begin¬
ning about twenty -five rods below his house, on the river St. Mary’s,
near Fort Wayne; thence, at right angles with the course of the river,
one mile; and from this line, and the said river, up the stream thereof,
for quantity. Two sections, upon the east side of the St. Mary’s
river, near Fort Wayne, running east one mile with the line of the
military reservation; thence, from that line, and from the river, for
quantity. Two sections, on the Twenty-seven mile creek, where the
road from St. Mary’s to Fort Wayne crosses it, being one section on
each side of said creek.

Two sections on the left bank of the Wabash, commencing at the
forks and running down the river.

The United States also agree to grant to each of the following per¬
sons, being Miami Indians by birth, and their heirs, the tracts of land
herein described.

To Joseph Richardville and Jpseph Richardville, jun. two sections
of land, being one on each side of the St. Mary’s river, and below the
reservation made on that river by the treaty of Greenville, in 1795.

To Wemetche or the Orescent, one section, below and adjoining the
reservation of Anthony Chesne, on the west side of the St. Mary’s
river, and one section immediately opposite to Macultamunqua or Black
Loon.

To Keenquatakqua or Long Hair, Aronzon or Twilight, Peconbequa
or a Woman striking, Aughquamauda or Difficulty, and to Miaghqua
or Noon, as joint tenants, five sections of land upon the Wabash river,
the centre of which shall be the Wyandot village, below the mouth of
Tippecanoe river.

To Francois Godfroy, six sections of land, on the Salamanie river,
at a place called La Petite Prairie.

To Louis Godfroy, six sections of land, upon the St. Mary’s river,
above the reservation of Anthony Shane.

To Charley, a Miamie chief, one section of land, on the west side of
the St. Mary’s river, below the section granted to Pemetche or the
Crescent.

To the two eldest children of Peter Langlois, two sections of land,
at a place formerly called Village du Puant, at the mouth of the river
called Pauceaupichoux.

To the children of Antoine Bondie, two sections of land, on the
border of the Wabash river, opposite a place called l’Esle a l’Aille.

To Francois Lafontaine and his son, two sections of land, adjoining
and above the two sections granted to Jean Bapt. Richardville, near
Fort Wayne, and on the same side of the St. Mary’s river.

To the children of Antoine Rivarre, two sections of land, at the
mouth of the Twenty-seven mile creek, and below the same.

To Peter Langlois’ youngest child, one section of land, opposite the
Chipaille, at the Shawnese village.

TREATY WITH THE MI AMIS, 1818.

121

To Peter Labadie, one section of land, on the river St. Mary’s,
below the section granted to Charley.

To the son of George Hunt, one section of land, on the west side of
the St. Mary’s river, adjoining the two sections granted to Francois
Lafontaine and his son.

To Meshenoqua or the Little Turtle, one section of land, on the
south side of the \\ abash, where the portage path strikes the same.

To Josette Beaubien, one section of land on the left bank of the St.
Mary’s, above and adjoining the three sections granted to Jean Bapt.
Richardville.

To Ann Turner, a half-blooded Miami, one section of land on the
northwest side of the Wabash river, to commence at the mouth of Fork
creek, on the west bank of the said creek, and running up said creek
one mile in a direct line, thence at right angles with this line for
quantity.

To Rebecca Hackley, a half-blooded Miami, one section of land, to
be located at the Munsey town, on White river, so that it shall extend
on both sides to include three hundred and twenty acres of the prairie,
in the bend of the river, where the bend assumes" the shape of a horse
shoe.

To William Wayne Wells, a half -blooded Miami, one section of land,
at the mouth of the Fork creek, where the reservation for Ann Tur¬
ner commences, running down the Wabash river on the northwest
bank one mile; thence, back one mile; thence, east one mile, to the
boundary line of the grant to Ann Turner.

To Mary Wells, a half -blooded Miami, one section of land, at the
mouth of Stoney creek, on the southeast side of the Wabash river, the
centre of which shall be at the mouth of said creek, running with the
meanders thereof, up and down the Wabash river, one half mile, and
thence back for quantity,

To *Tane Turner Wells, a half-blooded Miami, one section of land,
on the northwest side of the Wabash river, to commence on the west
bank of said river, opposite the old lime kiln; thence, down the said
river one mile, and back for quantity.

Art. 4. The Miami nation of Indians assent to the cession made by
the Kickapoos to the United States, by the treaty concluded at Vin¬
cennes, on the ninth day of December, one thousand eight hundred
and nine.

Art. 5. In consideration of the cession and recognition aforesaid,
the United States agree to pay to the Miami nation of Indians, a per¬
petual annuity of fifteen thousand dollars, which, together with all
annuities which, by any former treat}r, the United States have engaged
to pay to the said Miami nation of Indians, shall be paid in silver.

The United States will cause to be built for the Miarnis one grist¬
mill and one saw-mill, at such proper sites as the chiefs of the nation
may select, and will provide and support one blacksmith and one gun¬
smith for them, and provide them with such implements of agriculture
as the proper agent may think necessary.

The United States will also cause to be delivered, annually, to the
Miami nation, one hundred and sixty bushels of salt.

Art. 6. Tlje several tracts of land which, by the third article of this
treaty, the United States have engaged to grant to the persons therein
mentioned, except the tracts to be granted to Jean Bapt. Richardville,
shall never be transferred by the said persons or their heirs, without
the approbation of the President of the United States.

Art. 7. This treaty shall be obligatory on the contracting parties
after the same shall be ratified by the President of the United States,
by and with the advice and consent of the Senate thereof.

Miami assent to tlie
cession by the Kicka-
poo.

Payment to Miami.

A gristmill, sawmill,
etc., for the Miami.

160 bushels salt an¬
nually.

Tracts granted, ex¬
cept, etc., not trans¬
ferable without con¬
sent.

Treaty obligatory
when ratified.

122

Oct. 19, 1818.

7 Stat., 192.
Proclamation, Jan.
7, 1819.

Perpetual peace and
friendship.

Cession of land by
the Chickasaws.

Payment to Chicka¬
saws.

Reservation for the
Chickasaws.

Terms on which the
salt lick may be
leased.

TREATY WITH THE CHICKASAWS, 1818.

Treaty with the Chickasaws, , to settle all territorial controversies , and to
remove all ground of complaint or dissatisfaction , that might arise to
interrupt the peace and harmony which have so long and so happily
existed between the United States of America and. the Chiclcesaiv
nation o f Indians , James Monroe , President o f the said United States ,
by Isaac Shelby and Andrew Jackson , of the one part, and the whole
Chickesaw nation , by their chiefs , head men , and warriors , in full
council assembled , of the other part , have agreed on the following
articles / which , when ratified by the President and Senate of the
United States of America, shall form a treaty binding on all parties.

Art. 1. Peace and friendship are hereby firmly established and made
perpetual, between the United States of America and the Chickesaw
nation of Indians.

Art. 2. To obtain the object of the foregoing article, the Chickesaw
nation of Indians cede to the United States of America, (with the excep¬
tion of such reservation as shall be hereafter mentioned,) all claim or
title which the said nation has to the land lying north of the south
boundary of the state of Tennessee, which is bounded south by the
thirty-fifth degree of north latitude, and which lands, hereby ceded,
lies within the following boundary, viz: Beginning on the Tennessee
river, about thirty -five miles, by water, below colonel George Colbert’s
ferry, where the thirty -fifth degree of north latitude strikes the same;
thence, due west, with said degree of north latitude, to where it cuts
the Mississippi river at or near the Chickasaw Bluffs; thence, up the
said Mississippi river, to the mouth of the Ohio; thence, up the Ohio
river, to the mouth of Tennessee river; thence, up the Tennessee river,
to the place of beginning.

Art. 3. In consideration of the relinquishment of claim and cession
of lands in the preceding article, and to perpetuate the happiness of
the Chickesaw nation of Indians, the commissioners of the United
States, before named, agree to allow the said nation the sum of twenty
thousand dollars per annum, for fifteen successive years, to be paid
annually; and, as a farther consideration for the objects aforesaid, and
at the request of the chiefs of the said nation, the commissioners agree
to pay captain John Gordon, of Tennessee, the sum of one thousand
one hundred and fifteen dollars, it being a debt due by general William
Colbert, of said nation, to the aforesaid Gordon; and the further sum
of two thousand dollars, due by said nation of Indians, to captain
David Smith, now of Kentucky, for that sum by him expended, in
supplying himself and forty -five soldiers from Tennessee, in the year
one thousand seven hundred and ninety -five, when assisting them (at
their request and invitation,) in defending their towns against the
invasion of the Creek Indians; both which sums, (on the application
of the said nation,) is to be paid, within sixty days after the ratifica¬
tion of this treaty, to the aforesaid Gordon and Smith.

Art. 4. The commissioners agree, on the further and particular
application of the chiefs, and for the benefit of the poor and warriors
of the said nation, that a tract of land, containing four miles -square,
to include a salt lick or springs, on or near the river Sandy, a branch
of the Tennessee river, and within the land hereby ceded, be reserved,
and to be laid off in a square or oblong, so as to include the best tim¬
ber, at the option of their beloved chief Levi Colbert, and major James
Brown, or either of them; who are hereby made agents and trustees
for the nation, to lease the said salt lick or springs, on the following
express conditions, viz: For the benefit of this reservation, as before
recited, the trustees or agents are bound to lease the said reservation
to some citizen or citizens of the United States, for a reasonable quan¬
tity of salt, to be paid annually to the said nation, for the use thereof;
and that, from and after two years after the ratification of this treaty,
no salt, made at the works to be erected on this reservation, shall be

TREATY WITH THE CHICKASAWS, 1818.

123

sold within the limits of the same for a higher price than one dollar
per bushel of fifty pounds weight; on failure of which the lease shall
be forfeited, and the reservation revert to the United States.

Art. 5. The commissioners agree, that there shall be paid to Oppas-
santubby, a principal chief of the Chickesaw nation, within sixty days
after the ratification of this treaty, the sum of five hundred dollars, as
a full compensation for the reservation of two miles square, on the
north side of Tennessee river, secured to him and his heirs by the
treaty held, with the said Chickesaw nation, on the twenty eth day of
September, 1816; and the further sum of twenty-five dollars to John
Lewis, a half breed, for a saddle he lost while in the service of the
United States; and, to shew the regard the President of the United
States has for the said Chickesaw nation, at the request of the chiefs
of the said nation, the commissioners agree that the sum of one thou¬
sand and eighty-nine dollars shall be paid to Maj. James Colbert,
interpreter, within the period stated in the first part of this article, it
being the amount of a sum of money taken from his pocket, in the
month of June, 1816, at the theatre in Baltimore: And the said com¬
missioners, as a further regard for said nation, do agree that the
reservations made to George Colbert and Levi Colbert, in the treaty
held at the council house of said nation, on the twenty-sixth [twentieth]
day of September, 1816, the first to Col. George Colbert, on the north
side of Tennessee river, and those to Maj. Levi Colbert, on the east
side of the Tombigby river, shall enure to the sole use of the said Col.
George Colbert, and Maj. Levi Colbert, their heirs and assigns, for¬
ever, with their butts and bounds, as defined by said treaty, and
agreeable to the marks and boundaries as laid off and marked by the
surveyor of the United States, where that is the case, and where
the reservations has not been laid off and marked by a surveyor of the
United States, the same shall be so done as soon after the ratification
of this treaty as practicable, on the application of the reservees, or
their legally appointed agent under them, and agreeably to the defini¬
tion in the before recited treaty. This agreement is made on the fol¬
lowing express conditions: that the said* land, and those living on it,
shall be subject to the laws of the United States, and all legal taxation
that may be imposed on the land or citizens of the United States
inhabiting the territory where said land is situate. The commissioners
further agree, that the reservation secured to John McCleish, on the
north side of Tennessee river, by the before recited treaty, in conse¬
quence of his having been raised in the state of Tennessee, and marrying
a white woman, shall enure to the sole use of the said John McCleish,
his heirs and assigns, forever, on the same conditions attached to the
lands of Col. George Colbert and Maj. Levi Colbert, in this article.

Art. 6. The two contracting parties covenant and agree, that the
line of the south boundary of the state of Tennessee, as described in
the second article of this treaty, shall be ascertained and marked by
commissioners appointed by the President of the United States; that
the marks shall be bold; the trees to be blazed on both sides of the
line, and the fore and aft trees marked U« S. ; and that the commis¬
sioners shall be attended by two persons, to be designated by the
Chickasaw nation; and the said nation shall have due and seasonable
notice when said operation is to be commenced. It is further agreed by
the commissioners, that all improvements actually made by individuals
of the Chickesaw nation, which shall be found within the lands ceded
by this treaty, that a fair and reasonable compensation shall be paid
therefor, to the respective individuals having made or owned the same.

Art. T. In consideration of the friendly and conciliatory disposition
evinced during the negociation of tLis treaty, by the Chickesaw chiefs
and warriors, but more particularly, as a manifestation of the friendship
and liberality of the President of the United States, the commissioners
agree to give, on the ratification of this treaty , to Chinnubby , King of
the Chickesaws nation, to Teshuamingo, William M’Gilvery, Anpassan-

$500 to Oppassan-
tubby, etc.

The reservations of
the Colberts to inure
to them, their heirs
and assigns, forever.

Reservation of J.
McCleish to inure to
him, his heirs and
assigns, on the same
terms.

The line of the south
boundary of Tennes¬
see to be marked.

Compensation for
improvements in
lands ceded by the
.Chickasaws.

Grants in cash to
individuals named.

124 TREATY WITH THE CHEROKEES, 1819.

tubbv, Samuel Seely, James Brown, Levi Colbert, Ickaryoucuttaha,
George Petty grove, Immartarharmiceo, Chickesaw chiefs, and to Mal-
cum M’Gee, interpreter to this treaty, each, one hundred and fifty
dollars, in cash; and to Major William Glover, Col. George Colbert,
Hopoyeahaummar, Immanklusharhopoyea, Tushkarhopoye, Hopoyea-
haummar, jun. Immauklusharhopyea, James Colbert, Coweamarthlar,
lllachouwarhopoyea, military leaders, one hundred dollars each; and
whS?yincSashreafter further agree, that any annuity heretofore secured to the Chickesaw
nation of Indians, by treaty, to be paid in goods, shall hereafter be
paid in cash.

TREATY WITH THE CHEROKEES, 1819.

Feb. 27, 1819. Articles of a convention made between John C. Calhoun , Secretary of

7 stat., 195. War, being specially authorized therefor by the President of the

10, i8i9.ama lon’ ar' United States , and the undersigned Chiefs and Head Men of the
Cherokee nation of Indians , duly authorized and empowered by said
nation , at the City of Washington , on the twenty-seventh day of
February, in the year of our Lord one thousand eight hundred and
nineteen.

Preamble. Whereas a greater part of the Cherokee nation have expressed an

earnest desire to remain on this side of the Mississippi, and being
desirous, in order to commence those measures which they deem nec¬
essary to the civilization and preservation of their nation, that the
treaty between the United States and them, signed the eighth of July,
eighteen hundred and seventeen, might, without further delay, or the
trouble or expense of taking the census, as stipulated in the said treaty,
be finally adjusted, have offered to cede to the United States a tract of
country at least as extensive as that which they probably are entitled
to under its provisions, the contracting parties have agreed to and
concluded the following articles.

cession of lands by Art. 1. The Cherokee nation cedes to the United States all of their

ie cherokees. lands lying north and east of the following line, viz: Beginning on
the Tennessee river, at the point where the Cherokee boundary with
Madison county, in the Alabama territory, joins the same; thence,
along the main channel of said river, to the mouth of the Highwassee;
thence, along its main channel, to the first hill which closes in on said
river, about two miles above Highwassee Old Town; thence, along the
ridge which divides the waters of the Highwassee and Little Tellico, to
the Tennessee river, at Tallassee; thence, along the main channel, to the
junction of the Cowee and Nante3ralee; thence, along the ridge in the
fork of said river, to the top of the Blue Ridge; thence, along the Blue
Ridge, to the Unicoy Turnpike Road; thence, by a straight line, to
the nearest main source of the Ohestatee; thence, "along its main chan¬
nel, to the Chatahouchee; and thence to the Creek boundary; it being
understood that all the islands in the Chestatee, and the parts of the
Tennessee and Highwassee, (with the exception of Jollv’s Island, in
the Tennessee, near the mouth of the Highwassee,) which constitute a
portion'of the present boundary, belong to the Cherokee nation; and
it is also understood, that the reservations contained in the second
article of the treaty of Tellico, signed the twenty-fifth October, eight¬
een hundred and five, and a tract equal to twelve miles square, to be
located by commencing at the point formed by the intersection of the
boundary line of Madison county, already mentioned, and the north
bank of the Tennessee river; thence, along the said line, and up the
said river' twelve miles, are ceded to the United States, in trust for
the Cherokee nation as a school fund; to be sold by the United States,
and the proceeds vested as is hereafter provided in the fourth article
of this treaty; and, also, that the rights vested in the Unicoy Turn¬
pike Company, by the Cherokee nation, according to certified copies
of the instruments securing the rights, and herewith annexed, are not

TREATY WITH THE CHEROKEES, 1819.

125

to be affected by this treaty ; and it is further understood and agreed
by the said parties, that the lands hereby ceded by the Cherokee
nation, are in full satisfaction of all claims which the United States
hare on them, on account of the cession to a part of their nation who
have or may hereafter emigrate to the Arkansaw; and this treaty is a
final adjustment of that of the eighth of Juty, eighteen hundred and
seventeen.

Art. 2. The United States agree to paj^, according to the stipulations
contained in the treaty of the eighth of J uly, eighteen hundred and
seventeen, for all improvements on land l}dng within the country ceded
by the Cherokees, which add real value to the land, and do agree to
allow a reservation of six hundred and forty acres to each head of any
Indian family residing within the ceded territory, those enrolled for
the Arkansaw excepted, who choose to become citizens of the United
States, in the manner stipulated in said treaty.

Art. 3. It is also understood and agreed by the contracting parties,
that a reservation, in fee simple, of six hundred and forty acres square,
with the exception of Major Walker’s, which is to be located as is here¬
after provided, to include their improvements, and which are to be as
near the centre thereof as possible, shall be made to each of the persons
whose names are inscribed on the certified list annexed to this treaty,
all of whom are believed to be persons of industry, and capable of
managing their property with discretion, and have, with few excep¬
tions, made considerable improvements on the tracts reserved. The
reservations are made on the condition, that those for whom they are
intended shall notify, in writing, to the agent for the Cherokee nation,
within six months after the ratification of this treaty, that it is their
intention to continue to reside permanently on the land reserved.

The reservation for Lewis Ross, so to be laid off as to include his
house, and out-buildings, and ferry adjoining the Cherokee agency,
reserving to the United States all the public property there, and the
continuance of the said agency where it now is, during the pleasure of
the government; and Major Walker’s, so as to include his dwelling
house and ferry: for Major Walker an additional reservation is made
of six hundred and forty acres square, to include his grist and saw
mill; the land is poor, and principally valuable for its timber. In
addition to the above reservations, the following are made, in fee sim¬
ple; the persons for whom they are intended not residing on the same:
To Cabbin Smith, six hundred and forty acres, to be laid off in equal
parts, on both sides of his ferry on Tellico, commonly called Blair’s
ferry; to John Ross, six hundred and forty acres, to be laid off so as
to include the Big Island in Tennessee river, being the first below
Tellico — which tracts of land were given many years since, by the
Cherokee nation, to them; to Mrs. Eliza Ross, step daughter of Major
Walker, six hundred and forty acres square, to be located on the river
below and adjoining Major Walker’s; to Margaret Morgan, six hundred
and forty acres square, to be located on the west of, and adjoining,
James Riley's reservation; to George Harlin, six hundred and forty
acres square, to be located west of, and adjoining, the reservation of
Margaret Morgan; to James Lowry, six hundred and forty acres
square, to be located at Crow Mocker’s old place, at the foot of Cum¬
berland mountain; to Susannah Lowry, six hundred and forty acres,
to be located at the Toll Bridge on Battle Creek; to Nicholas Byers,
six hundred and forty acres, including the Toqua Island, to be located
on the north bank of the Tennessee, opposite to said Island.

Art. 4. The United States stipulate that the reservations, and the
tract reserved for a school fund, in the first article of this treaty, shall
be surveyed and sold in the same manner, and on the same terms, with
the public lands of the United States, and the proceeds vested, under
the direction of the President of the United States, in the stock of the
United States, or such other stock as he may deem most advantageous
to the Cherokee nation. The interest or dividend on said stock, shall

The lands hereby
ceded are in full sat¬
isfaction, etc.

United States to pay
for improvements on
ceded lands.

Grant of land to
each person on the
list annexed to this
treaty, except Major
Walker.

Notice to be given
of intention to con¬
tinue residence.

Reservations.

Additional reserva¬
tions.

The reservations,
etc., to be sold, and
proceeds vested in
stock.

Interest, how to be
applied.

126

TREATY WITH THE CHEROKEES, 1819.

be applied, under his direction, in the manner which he shall judge
best calculated to diffuse the benefits of education among the Cherokee
nation on this side of the Mississippi.

bf°rUunaby commit Art. 5. It is agreed that such boundary lines as may be necessary
sioners. ‘ to designate the lands ceded by the first article of this treaty, may be

run by a commissioner or commissioners to be appointed by the Presi¬
dent of the United States, who shall be accompanied by such com¬
missioners as the Cherokees may appoint, due notice thereof to be
given to the nation; and that the leases which have been made under
the treaty of the eighth of July, eighteen hundred and seventeen,
of land lying within the portion of country reserved to the Chero-
beremoved?:uders to kees, to be void; and that all white people who have intruded, or
may hereafter intrude, on the lands reserved for the Cherokees, shall
1802, cb. 13. be removed by the United States, and proceeded against according to
the provisions of the act passed thirtieth March, eighteen hundred and
two, entitled “An act to regulate trade and intercourse with the
Indian tribes, and to preserve peace on the frontiers. ”
to^herokeeNa^fon.^ Art. 6. The contracting parties agree that the annuity to the Chero¬
kee nation shall be paid, two- thirds to the Cherokees east of the
Mississippi, and one-third to the Cherokees west of that river, as it is
estimated that those who have emigrated, and who have enrolled for
emigration, constitute one-third of the whole nation; but if the
Cherokees west of the Mississippi object to this distribution, of which
due notice shall be given them, before the expiration of one year after
the ratification of this treaty, then the census, solely .for distributing
the annuity, shall be taken at such times, and in such manner, as the
President of the United States may designate,
to^be^prevented tizens 4RT- 7* The United States, in order to afford the Cherokees who
reside on the lands ceded by this treaty, time to cultivate their crop
next summer, and for those who do not choose to take reservations,
to remove, bind themselves to prevent the intrusion of their citizens
on the ceded land before the first of January next.
whenerat&ed.ndllls Art. 8. This treaty to be binding on the contracting parties so soon
as it is ratified by the President of the United States, by and with the
advice and consent of the Senate.

List of persons referred to in the 3d article of the annexed Treaty .

Richard Walker, within the chartered
limits of North Carolina.

Yonah, alias Big Bear, do.

John Martin, do. Georgia.

Peter Linch, do. do.

Daniel Davis, do. do.

George Parris, do. do.

Walter S. Adair, do. do.

Thomas Wilson, do. Alab. Ter.

Richard Riley, do. do.

James Riley, do. do.

Edward Gunter, do. do.

Robert McLemore, do. Tenn.

John Baldridge do. do.

Lewis Ross, do. do.

Fox Taylor, do. do.

Rd. Timberlake, do. do.

David Fields, (to include his mill, ) do. do.

James Brown, (to include his field by the
long pond, ) do. do.

William Brown, do. do.

John Brown, do.

Elizabeth Lowry, do. do.

George Lowry, do. do.

John Benge, do. do.

Mrs. Eliz. Peck, do. do.

John Walker, Sr. do. do.

John Walker, Jr. (unmarried,) do. do.
Richard Taylor, do. do.

John McIntosh, do. do.

James Starr, do. do.

Samuel Parks, do. do.

The Old Bark, (of Chota) do. do.

No. of reservees within the limits of
North Carolina, 2

Georgia, , 5

Alabama Terr. 4

Tennessee, 20

Total No. of reservees,

I hereby certify, that I am, either personally, or by information on which I can
rely, acquainted with the persons before named, all of whom I believe to be persons
of industry, and capable of managing their property with discretion; and who have,
with few exceptions, long resided on the tracts reserved, and made considerable
improvements thereon.

Return J. Meigs,

Agent in the Cherokee nation.

TREATY WITH THE KICKAPOOS, 1819.

127

(Copy.) Cherokee Agency , Highwassee Garrison.

W e, the undersigned Chiefs and Councillors of the Cherokees in full Mar- 8- 1813-
council assembled, do hereby give, grant, and make over unto Nicholas
Byers and David Russell, who are agents in behalf of the states of
Tennessee and Georgia, full power and authority to establish a Turnpike
Company, to be composed of them, the said Nicholas and David, Arthur
Henly, John Lowry, Atto. and one other person, by them to be here¬
after named, in behalf of the state of Georgia; and the above named
persons are authorized to nominate five proper and fit persons, natives
of the Cherokees, who, together with the white men aforesaid, are to
constitute the company; which said company, when thus established,
are hereby fully authorized by us, to lay out and open a road from the
most suitable point on the Tennessee River, to be directed the nearest
and best way to the highest point of navigation on the Tugolo River;
which said road, when opened and established, shall continue and
remain a free and public, highway, unmolested by us, to the interest
and benefit of the said company, and. their successors, for the full term
of twenty years, yet to come, after the same may be open and complete;
after which time, said road, with all its advantages, shall be surrendered
up, and reverted in, the said Cherokee nation. And the said company
shall have leave, and are hereby authorized, to erect their public
stands, or houses of entertainment, on said road, that is to say: one at
each end, and one in the middle, or as nearly so as a good situation will
permit: with leave also to cultivate one hundred acres of land at each
end of the road, and fifty acres at the middle stand, with a privilege of a
sufficiency of timber for the use and consumption of said stands. And
the said Turnpike Company do hereby agree to pay the sum of one
hundred and sixty dollars yearly to the Cherokee nation, for the afore¬
said privilege, to commence after said road is opened and in complete
operation. The said company are to have the benefit of one ferry on
Tennessee river, and such other ferry or ferries as are necessary on
said road; and, likewise, said company shall have the exclusive privi¬
lege of trading on said road during tlie aforesaid term of time.

Cherokee Agency , January 6, 1817.

We, the undersigned Chiefs of the Cherokee nation, do hereby grant Jan.6,isi7.
unto Nicholas Byers, Arthur H. Henly, and David Russell, proprietors
of the Unicoy road to Georgia, the liberty of cultivating all the ground
contained in the bend on the north side of Tennessee river, opposite
and below Chota Old Town, together with the liberty to erect a grist
mill on Four Mile creek, for the use and benefit of said road, and the
Cherokees in the neighbourhood thereof; for them, the said Byers,

Henly, and Russell, to have and to hold the above privileges during
the term of lease of the Unicoy road, also obtained from the Cherokees,
and sanctioned by the President of the United States.

TREATY WITH THE KICKAFOOS, 1819.

A treaty made and concluded at JEdwardsville , in the State of Illinois , . ,TuIy 1819: _

between Auguste Chouteau, and Benjamin Stephenson, Commissioners Jan

on the part and behalf of the United States of America, of the one 13,1821.
part, and the undersigned principal Chiefs and Warriors of the
Kickapoo Tribe of Indians, on the part and behalf of said Tribe, of
the other part.

Art. 1. The undersigned Chiefs and Warriors, for themselves and ofThembe cede tracts
their said tribe, for, and in consideration of, the promises and stipula- 0
tions hereinafter made, do hereby cede and relinquish to the United
States for ever, all their right, interest, and title, of, in, and to, the
following tracts of land, viz:

All their land on the southeast side of the Wabash river, including Land ceded,
the principal village in which their ancestors formerly resided, con-

128

TREATY WITH THE KICKAPOOS, 1819.

Boundaries of other
land ceded.

Confirmation of for¬
mer treaties, etc.

Protection of United
States acknowledged.

United States re¬
leased from obliga¬
tions.

Annuity to Indians.

United States pay
$3,000 worth of mer¬
chandise, and cede a
tract of land in Mis¬
souri, etc.

Proviso.

United States guar¬
anty peaceable pos¬
session of the tract
ceded.

United States to fur¬
nish boats, etc,

sisting of a large tract, to which they have had, from time immemorial,
and now have, a just right; that they have never heretofore ceded, or
otherwise disposed of, in any manner whatever.

Also, all the land within the following boundaries, viz: Beginning
on the Wabash river, at the upper point of their cession, made by the
second article of their treaty at Vincennes, on the 9th December, 1809;
running thence, northwestwardly, to the dividing line between the
states of Illinois and Indiana; thence, along said line, to the Kankakee
river; thence, with said river, to the Illinois river; thence, down the
latter, to its mouth; thence, with a direct line, to the northwest corner
of the Vincennes tract, as recognised in the treaty with the Piankeshaw
tribe of Indians at Vincennes, on the 30th December, 1805; and thence,
with the western and northern boundaries of the cessions heretofore
made by the said Kickapoo tribe of Indians, to the beginning. Of
which last described tract of land, the said Kickapoo tribe claim a large
portion, by descent from their ancestors, and the balance by conquest
from the Illinois nation, and uninterrupted possession for more than
half a century.

Art. 2. The said tribe hereby confirm all their former treaties with
the United States, and relinquish to them all claim to every portion of
their lands which majT have been ceded by any other tribe or tribes,
and all and every demand which they might have had, in consequence
of the second article of the treaty made with the Pottawattamy nation
of Indians at St. Mary’s, on the 2d October, 1818.

Art. 3. The said tribe acknowledge themselves now to be, and prom¬
ise to continue, under the protection of the United States of America,
and of no other nation, power, or sovereign, whatever.

Art. 4. The said tribe release the United States from all obligations
imposed by any treaties heretofore made with them.

Art. 5. The United States, in lieu of all former stipulations, and in
consideration of cessions of land heretofore made by the said tribe,
promise to pay them, at their town on the waters of the Osage river,
two thousand dollars in silver, annually, for fifteen successive years.

Art. 6. In consideration of the cession made by the aforesaid tribe,
in the first article of this treaty, the United States, in addition to three
thousand dollars worth of merchandise this day paid to the said tribe,
hereby cede to them, and their heirs for ever, a certain tract of land
lying in the territory of Missouri, and included within the following
boundaries, viz: Beginning at the confluence of the rivers Pommes de
Terre and Osage; thence, up said river Pommes de Terre, to the
dividing ridge which separates the waters of Osage and White rivers;
thence, with said ridge, and westwardly, to the Osage line; thence due
north with said line, to Nerve creek; thence, down the same, to a point
due south of the mouth of White Clay, or Richard Creek; thence,
north, to the Osage river; thence, down said river, to the beginning:
Provided , nevertheless , That the said tribe shall never sell the said land
without the consent of the President of the United States.

Art. 7. The United States promise to guaranty to the said tribe the
peaceable possession of the tract of land hereby ceded to them, and to
restrain and prevent all white persons from hunting, settling, or other¬
wise intruding upon it. But any citizen or citizens of the United States,
being lawfully authorized for that purpose, shall be permitted to pass
and repass through the said tract, and to navigate the waters thereof,
without any hindrance, toll, or exaction, from the said tribe.

Art. 8. For the purpose of facilitating the removal of the said tribe
to the tract of land hereby ceded to them, the United States will furnish
them with two boats, well manned, to transport their property, from
any point they may designate on the Illinois river, and some judicious
citizen shall be selected to accompany them, in their passage through
the white settlements, to their intended residence.

TREATY WITH THE CHIPPEWAS, 1819.

129

Art. 9. The United States will take the said Kickapoo tribe under
their care and patronage, and will afford them protection against all
persons whatever, provided they conform to the laws of the United
States, and refrain from making war, or giving any insult or offence to
any other Indian tribe, or to any foreign nation, without first having
obtained the approbation and consent of the United States.

Art. 10. The said tribe, in addition to their above described cessions,
do hereby cede and relinquish to the United States, generally, and
without reservation, all other tracts of land to which they have any
right or title on the left side of the Illinois and Mississippi rivers.

TREATY WITH THE KICKAPOOS, 1819.

A treaty made and concluded by Benjamin Pa/rke, a commissioner on the
jpart of the United States of America, of the one part, and the Chiefs,
Warriors , a/nd Head Men , of the tribe of Kickapoos of the Vermilion,
of the other part.

Art. 1. The Chiefs, Warriors, and Head Men, of the said tribe,
agree to cede, and hereby relinquish, to the United States, all the lands
which the said tribe has heretofore possessed, or which they may
rightfully claim, on the Wabash river, or any of its waters.

Art. 2. And to the end that the United States may be enabled to
fix with the other Indian tribes a boundary between their respective
claims, the Chiefs, Warriors, and Head Men, of the said tribe, do hereby
declare, that their rightful claim is as follows, viz: beginning at the
northwest corner of the Vincennes tract; thence, westwardly, by the
boundary established by a treaty with the Piankeshaws, on the thirtieth
day of December, eighteen hundred and five, to the dividing ridge
between the waters of the Embarras and the Little Wabash; thence,
by the said ridge, to the source of the Vermilion river; thence, by the
same ridge, to the head of Pine creek; thence, b}T the said creek, to
the Wabash river; thence, by the said river, to the mouth of the Ver¬
milion river, and thence by the Vermilion, and the boundary heretofore
established, to the place of beginning.

Art. 3. The said Chiefs, Warriors, and Head Men, of the said tribe,
agree to relinquish, and they do hereby exonerate and discharge the
United States from, the annuity of one thousand dollars, to which they
are now entitled. In consideration whereof, and of the cession hereby
made, the United States agree to pay the said tribe two thousand dol¬
lars annually, in specie, for ten years; which, together with three thou¬
sand dollars now delivered, is to be considered a full compensation for
the cession hereby made, as also of all annuities, or other claims, of the
said tribe against the United States, by virtue of any treaty with the
said United States.

Art. 4. As the said tribe contemplate removing from the country
they now occupy, the annuity herein provided for shall be paid at such
place as may be hereinafter agreed upon between the United States
and said tribe.

Art. 5. This treaty, after the same shall be ratified by the President
and Senate of the United States, shall be binding on the contracting
parties.

TREATY WITH THE CHIPPEWAS, 1819.

Articles of a treaty made and concluded at Saginaw, in the Territory
of Michigan, between the United States of America, by their Com¬
missioner, Lewis Cass, and the Chippewa nation of Indians.

Art. 1. The Chippewa nation of Indians, in consideration of the
stipulations herein made on the part of the United States, do hereby,

S. Doc. 452 - 9

United States will
take the Kickapoos
under their protec¬
tion.

The tribe relinquish
all tracts on the left
of the Illinois and
Mississippi.

Aug. 30, 1819.

7 Stat.,202.
Proclamation, May
10,1820.

Kickapoos cede all
their lands on the
Wabash, etc.

Boundaries of the
cession.

Kickapoos relin¬
quish annuity of
#1,000.

Consideration for
cession.

Annuity, where to
be paid.

Treaty binding
when ratified.

Sept. 24,1819.

7 Stat., 203.
Proclamation, Mar.
25, 1820.

The Chippewas
cede land to United
States.

130

TREATY WITH THE CHIPPEWAS, 1819,

forever, cede to the United States the land comprehended within the
Bounds of the ces- following lines and boundaries: Beginning at a point in the present
Indian boundary line, which runs due north from the mouth of the
great Auglaize river, six miles south of the place where the base line,
so called, intersects the same; thence, west, sixty miles; thence, in a
direct line, to the head of Thunder Bay River; thence, down the same,
following the courses thereof, to the mouth; thence, northeast, to the
boundary line between the United States and the British Province of
Upper Canada; thence, with the same, to the line established by the
treaty of Detroit, in the year one thousand eight hundred and seven;
thence, with the said line, to the place of beginning,
tie ceession!ons from Art. 2. From the cession aforesaid the following tracts of land shall
be reserved, for the use of the Chippewa nation of Indians:

One tract, of eight thousand acres, on the east side of the river
Au Sable, near where the Indians now live.

One tract, of two thousand acres, on the river Mesagwisk.

One tract, of six thousand acres, on the north side of the river
Kawkawling, at the Indian village.

One tract, of five thousand seven hundred and sixty acres, upon the
Flintriver, to include Reaum’s village, and a place called Kishkawbawee.

One tract, of eight thousand acres, on the head of the river Huron,
which empties into the Saginaw river, at the village of Otusson.

One island in the Saginaw Bay.

One tract, of two thousand acres, where Nabobask formerly lived.

One tract, of one thousand acres, near the island in the Saginaw
river.

One tract, of six hundred and forty acres, at the bend of the river
Huron, which empties into the Saginaw river.

One tract, of two thousand acres, at the mouth of Point Augrais
river.

One tract, of one thousand acres, on the river Huron, at Menoequet’s
village.

One tract, of ten thousand acres, on the Shawassee river, at a place
called the Big Rock.

One tract, of three thousand acres, on the Shawassee river, at Ket-
che waundaugenin k .

One tract, of six thousand acres, at the Little Forks on the Tetaba-
wasink river.

One tract, of six thousand acres, at the Black Bird’s town, on the
Tetabawasink river.

One tract, of forty thousand acres, on the west side of the Saginaw
river, to be. hereafter located.

arsons named118 for Art. 3. There shall be reserved, for the use of each of the persons

persons name . hereinafter mentioned and their heirs, which persons are all Indians

by descent, the following tracts of land:

For the use of John Riley, the son of Menawcumegoqua, a Chippewa
woman, six hundred and forty acres of land, beginning at the head of
the first marsh above the mouth of the Saginaw river, on the east side
thereof.

For the use of Peter Riley, the son of Menawcumegoqua, a Chippewa
woman, six hundred and forty acres of land, beginning above and
adjoining the apple trees on the west side of the Saginaw river, and
running up the same for quantity.

For the use of James Riley, the son of Menawcumegoqua, a Chippewa
woman, six hundred and forty acres, beginning on the east side of
the Saginaw river, nearly opposite to Campeau’s trading house, and
running up the river for quantity.

For the use of Kawkawiskou, or the Crow, a Chippewa chief, six
hundred and forty acres of land, on the east side of the Saginaw river,
at a place called Menitegow, and to include, in the said six hundred
and forty acres, the island opposite to the said place.

131

TREATY WITH THE OHIPPEWAS, 1820.

For the use of Nowokeshik, Metawanene, Mokitehenoqua, Nonda-
shemau, Petabonaqua, Messawwakut, Checbalk, Kitchegeequa, Sago-
sequa, Annoketoqua, and Tawcumegoqua, each, six hundred and forty
acres of land, to be located at and near the grand traverse of the Flint
river, in such manner as the President of the United States may direct.

For the use of the children of Bokowtonden, six hundred and forty
acres, on the Kawkawling river.

Art. 4. In consideration of the cession aforesaid, the United States
agree to pay to the Chippewa nation of Indians, annually, for ever, the
sum of one thousand dollars in silver; and do also agree that all annui¬
ties due by any former treaty to the said tribe, shall be hereafter paid
in silver.

Art. 5. The stipulation contained in the treaty of Greenville, rela¬
tive to the right of the Indians to hunt upon the land ceded, while it
continues the property of the United States, shall apply to this treaty;
and the Indians shall, for the same term, enjoy the privilege of mak
ing sugar upon the same land, committing no unnecessary waste upon
the trees.

Art. 6. The United States agree to pay to the Indians the value of
any improvements which they may be obliged to abandon, in conse¬
quence of the lines established by this treaty, and which improvements
add real value to the land.

Art. 7. The United States reserve to the proper authority the right
to make roads through any part of tfhe land reserved by this treaty.

Art. 8. The United States engage to provide and support a black¬
smith for the Indians, at Saginaw, so long as the President of the
United States may think proper, and to furnish the Chippewa Indians
with such farming utensils and cattle, and to employ such persons to
aid them in their agriculture, as the President may deem expedient.

Art. 9. This treaty shall take effect, and be obligatory on the con¬
tracting parties, so soon as the same shall be ratified by the' President
of the United States, by and with the advice and consent of the Senate
thereof.

TREATY WITH THE CHIPPEWAS, 1820.

Articles of a treaty , made and concluded at the Sault de St. Marie , in
the Territory of Michigan, between the United States , by their Com¬
missioner Lewis Cass , and the Chippeway tribe of Indians.

Art. 1. The Chippeway tribe of Indians cede to the United States
the following tract of land: Beginning at the Big Rock, in the river
St. Mary’s, on the boundary line between the United States and the
British Province of Upper Canada; and, running thence, down the said
river, with the middle thereof, to the Little Rapid; and, from those
points, running back from the said river, so as to include sixteen square
miles of land.

Art. 2. The Chippeway tribe of Indians acknowledge to have received
a quantity of goods in full satisfaction of the preceding cession.

Art. 3. The United States will secure to the Indians a perpetual
right of fishing at the falls of St. Mary’s, and also a place of encamp¬
ment upon the tract hereby ceded, convenient to the fishing ground,
which place shall not interfere with the defences of any military work
which may be erected, nor with any private rights.

Art. 4. This treaty, after the same shall be ratified by the President
of the United States, by and with the advice and consent of the Senate
thereof, shall be obligatory on the contracting parties.

Payment to Chip-
pewas.

Right of hunting
and making sugar on
lands ceded, granted.

United States to pay
for Indian improve¬
ments.

United States re¬
serve right to make
roads.

United States to fur¬
nish a blacksmith, ete.

Treaty to be obliga¬
tory when ratified.

June 16, 1820.

7 Stat., 206.
Proclamation, Mar.
2, 1821.

Cession by the Chip-
pewas.

Receipt of goods ac¬
knowledged.

Perpetual right of
fishing at the falls of
St. Mary’s secured to
Indians.

Treatybindingwhen

ratified.

132

TREATY WITH THE WEAS, 1820.

July 6, 1820.

7 Stat., 207.
Proclamation, Mar.
8, 1821.

St. Martin Islands
ceded to the United
States.

Goods in full satis¬
faction to the Indians.

Treaty binding
when ratified.

July 19,1820.

7 Stat., 208.
Proclamation, Jan.
13, 1821.

Sixth article of
treaty of Edwards-
ville altered and
amended.

Substitute for said
sixth article.

Aug. 11, 1820.

7 Stat., 209.
Proclamation, Jan.
* .1821.

Cession by the W eas.

TREATY WITH THE OTTAWAS AND CHIPPEWAS, 1820.

Articles of a treaty ,■ made and concluded at JDArbre Croche and
Michilimackinac , in the territory of Michigan , between the United
States of America, by their Commissioner Lewis Cass , and the Ottawa
and Chippewa nations of Indians.

Art. 1. The Ottawa and Chippewa nations of Indians cede to the
United States the Saint Martin Islands in Lake Huron, containing
plaster of Paris, and to be located under the direction of the United
States.

Art. 2. The Ottawa and Chippewa nations of Indians acknowledge
to have this day received a quantity of goods in full satisfaction of the
above cession.

Art. 3. This treaty shall be obligatory on the contracting parties
after the same shall be ratified by the President of the United States, by
and with the advice and consent of the Senate thereof.

TREATY WITH THE KICKAPOOS, 1820.

A treaty made and concluded by, and between, Auguste Chouteau and
Benjamin Stephenson , Commissioners of the United States of Amer¬
ica, on the part and behalf of the said States, of the one part, and
the undersigned Chiefs and Warriors, of the Kickapoo tribe of
Indians, on the part and behalf of their said Nation, of the other
part, the same being supplementary to, and amendatory of, the Treaty
made and concluded at JEd/wardsville, on the 30th July, 1819, between
the United States und the said Kickapoo nation.

Art. 1. It is agreed, between the United States and the Kickapoo
tribe of Indians, that the sixth article of the treaty, to which this is
supplementary, shall be, and the same is hereby, altered and amended,
so as to read as follows, viz:

In consideration of, and exchange for, the cession made by the
aforesaid tribe, in the first article of this treaty, the United States, in
addition to three thousand dollars worth of merchandise, this day paid
to the said tribe, hereby cede to the said tribe, to be by them possessed
in like manner as the lands, ceded by the first article of this treaty b}r
them to the United States, were possessed, a certain tract of land in
the territory of Missouri, and included within the following bound¬
aries, viz: Beginning at the confluence of the rivers Pommes de Terre
and Osage; thence, up said river Pommes de Terre, to the dividing
ridge which separates the waters of Osage and White rivers; thence,
with said ridge, and westwardly, to the Osage line; thence, due north
with said line, to Nerve creek; thence, down the same, to a point due
south of the mouth of White Clay, or Richard creek; thence, north,
to the Osage river; thence, down said river, to the beginning.

TREATY WITH THE WEAS, 1820.

A treaty made and concluded by Benjamin Parke, a Commissioner for
that purpose on the part of the United States, of the one part; and
the Chiefs, Warriors, and Head Men, of the Wea tribe of Indians, of
the other part.

Art. 1. The Chiefs, Warriors, and Head Men, of the said Tribe,
agree to cede, and they do hereby cede and relinquish, to the United
States all the lands reserved by the second article of the Treaty between
the United States and the said Tribe, concluded at Saint Mary’s, on the
second day of October, eighteen hundred and eighteen.

TREATY WITH THE CHOCTAWS, 1820.

Art. 2. The sum of five thousand dollars, in money and goods,
which is now paid and delivered by the United States, the receipt
whereof the Chiefs, Warriors, and Head Men, of the said Tribe, do
hereby acknowledge, is considered by the parties a full compensation
for the cession and relinquishment above mentioned.

Art. 3. As it is contemplated by the said Tribe, to remove from the
Wabash, it is agreed, that the annuity secured to the Weas, by the
Treaty of Saint Mary’s, above mentioned, shall hereafter be paid to
them at Kaskaskia, in the state of Illinois.

Art. 4. This Treaty, as soon. as it is ratified by the President and
Senate of the United States, to be binding on the contracting parties.

TREATY WITH THE KICKAP00S 0E THE VERMILION, 1820.

Articles of a convention made and concluded ’, between Henjamin Parke ,
a Commissioner on the part of the United States , for that purpose ,
of the one part, and the Chiefs , Warriors •, and Head Men , of the
Tribe of Enckapoos of the Vermilion , of the other part.

Art. 1. It is agreed, that the annuity secured to the said Tribe, by
the Treaty of the thirtieth of August, eighteen hundred and nineteen,
shall hereafter be paid to th'e said Tribe at Kaskaskias, in the state of
Illinois.

Art. 2. As the said Tribe are now about leaving their settlements
on the Wabash, and have desired some assistance to enable them to
remove, the said Benjamin Parke, on behalf of the United States, has
paid and advanced to the said Tribe, two thousand dollars, the receipt
whereof is hereby acknowledged; which said sum of two thousand dol¬
lars, is to be considered as an equivalent, in full, for the annuity due
the said Tribe, by virtue of the aforesaid Treaty, for the year eighteen
hundred and twenty-one.

TREATY WITH THE CHOCTAWS, 1820.

A treaty of friendship, limits, and accommodation , between the United
States of America and the Choctaw nation of Indians , begun and
concluded at the Treaty Ground, in said nation, near DoaPs Stand ,
on the Natchez Hoad.

Preamble.

Whereas it is an important object with the President of the United
States, to promote the civilization of the Choctaw Indians, by the estab¬
lishment of schools amongst them; and to perpetuate them as a nation,
by exchanging, for a small part of their land here, a country beyond
the Mississippi River, where all, who live by hunting and will not work,
may be collected and settled together. — And whereas it is desirable to
the" state of Mississippi, to obtain a small part of the land belonging
to said nation; for the mutual accommodation of the parties, and for
securing the happiness and protection of the whole Choctaw nation, as
well as preserving that harmony and friendship which so happily sub¬
sists between them and the United States, James Monroe, President of
the United States of America, by Andrew Jackson, of the State of Ten¬
nessee, Major General in the Army of the United States, and General
Thomas Hinds, of the State of Mississippi, Commissioners Plenipo¬
tentiary of the United States, on the one part, and the Mingoes, Head
Men, and Warriors, of the Choctaw nation, in full Council assembled,
on the other part, have freely and voluntarily entered into the following
articles, viz:

Art. 1. To enable the President of the United States to carry into
effect the above grand and humane objects, the Mingoes, Head Men,

138

$5,000 in money and
goods, in full satisfac¬
tion to the tribe.

Annuity to be here¬
after paid at Kaskas¬
kia.

Treaty binding when
ratified.

Sept. 5, 1820.

7 Stat., 210.
Proclamation, Jan.
8, 1821.

Annuity to be here¬
after paid at Kaskas¬
kia.

Two thousand dol¬
lars paid to enable
them to remove; in
full for annuity of
1821.

Oct. 18, 1820.

7 Stat., 210.
Proclamation, Jan.
8, 1821.

Objects of the
treaty.

Cession of lands by
the Choctaws.

134

TREATY WITH THE CHOCTAWS, 1820.

Bounds of the ces¬
sion.

United States cede a
tract of country west
of the Mississippi.

Boundaries.

Commissioners t o
ascertain the bounda¬
ries.

A Choctaw guide at
$2 per day.

Boundaries east of
the Mississippi to re¬
main, until, etc.

A blanket, kettle,
etc., to each warrior
removing.

An agent for the
Choctaws, etc.

A blacksmith.

and Warriors, of the Choctaw nation, in full council assembled, in
behalf of themselves and the said nation, do, by these presents, cede to
the United States of America, all the land lying and being within the
boundaries following, to wit: — Beginning on the Choctaw boundary,
East of Pearl River, at a point due South of the White Oak spring, on
the old Indian path; thence north to said spring; thence northwardly
to a black oak, standing on the Natchez road, about forty poles east-
wardly from Doake’s fence, marked A. J. and blazed, with two large
pines and a black oak standing near thereto, and marked as pointers;
thence a straight line to the head of Black Creek, or Bouge Loosa;
thence down Black Creek or Bouge Loosa to a small Lake; thence a
direct course, so as to strike the Mississippi one mile below the mouth
of the Arkansas River; thence down the Mississippi to our boundary;
thence around and along the same to the beginning.

Art. 2. For and in consideration of the foregoing cession, on the
part of the Choctaw nation, and in part satisfaction for the same, the
Commissioners of the United States, in behalf of said States, do hereby
cede to said nation, a tract of country west of the Mississippi River,
situate between the Arkansas and Red River, and bounded as follows: —
Beginning on the Arkansas River, where the lower boundary line of
the Cherokees strikes the same; thence up the Arkansas to the Cana¬
dian Fork, and up the same to its source; thence due South to the Red
River; Whence down Red River, three miles below the mouth of Little
River, which empties itself into Red River on the north side; thence a
direct line to the beginning.

Art. 3. To prevent any dispute upon the subject of the boundaries
mentioned in the 1st and 2d articles, it is hereby stipulated between the
parties, that the same shall be ascertained and distinctly marked by a
Commissioner, or Commissioners, to be appointed by the United States,
accompanied by such person as the Choctaw nation may select; said
nation having thirty days previous notice of the time and place at which
the operation will commence. The person so chosen by the Choctaws,
shall act as a pilot or guide, for which the United States will pay him
two dollars per day, whilst actually engaged in the performance of that
duty.

Art. 4. The boundaries hereby established between the Choctaw
Indians and the United States, on this side of the Mississippi river, shall
remain without alteration until the period at which said nation shall
become so civilized and enlightened as to be made citizens of the United
States, and Congress shall lay off a limited parcel of land for the benefit
of each family or individual in the nation.

Art. 5. For the purpose of aiding and assisting the poor Indians,
who wish to remove to the country hereby ceded on the part of the
United States, and to enable them to do well and support their families,
the Commissioners of the United States engage, in behalf of said
States, to give to each warrior a blanket, kettle, rifle gun, bullet moulds
and nippers, and ammunition sufficient for hunting and defence, for
one year. Said warrior shall also be supplied with corn to support
him and his family, for the same period, and whilst traveling to the
country above ceded to the Choctaw nation.

Art. 6. The Commissioners of the United States further covenant
and agree, on the part of said States, that an agent shall be appointed,
in due time, for the benefit of the Choctaw Indians who may be per¬
manently settled in the country ceded t'o them beyond the Mississippi
river, and, at a convenient period, a factor shall be sent there with
goods, to supply their wants. A Blacksmith shall also be settled
amongst them, at a point most convenient to the population; and a
faithful person appointed, whose duty it shall be to use every reason¬
able exertion to collect all the wandering Indians belonging to the
Choctaw nation, upon the land hereby provided for their permanent
settlement.

TREATY WITH THE CHOCTAWS, 1820.

135

Art. 7. Out of the lands ceded by the Choctaw nation to the United
States, the Commissioners aforesaid, in behalf of said States, further
covenant and agree, that fifty -four sections of one mile square shall be
laid out in good land, by the President of the United States, and sold,
for the purpose of raising a fund, to be applied to the support of the
Choctaw schools, on both sides of the Mississippi river. Three-fourths
of said fund shall be appropriated for the benefit of the schools here;
and the remaining fourth for the establishment of one or more beyond
the Mississippi; the whole to be placed in the hands of the President
of the United States, and to be applied by him, expressly and exclu¬
sively, to this valuable object.

Art. 8. To remove any discontent which may have arisen in the
Choctaw Nation, in consequence of six thousand dollars of their
annuity having been appropriated annually, for sixteen years, by
some of the chiefs, for the support of their schools, the Commissioners
of the United States oblige themselves, on the part of said States, to
set apart an additional tract of good land, for raising a fund equal to
that given by the said chiefs, so that the whole of the annuity may
remain in the nation, and be divided amongst them. And in order
that exact justice may be done to the poor and distressed of said
nation, it shall be the duty of the agent to see that the wants of every
deaf, dumb, blind, and distressed, Indian, shall be first supplied out
of said annuity, and the balance equally distributed amongst every
individual of said nation.

Art. 9. All those who have separate settlements, and fall within
the limits of the land ceded by the Choctaw nation to the United
States, and who desire to remain where they now reside, shall be
secured in a tract or parcel of land one mile square, to include their
improvements. Am^ one who prefers removing, if he does so within
one year from the date of this treaty, shall be paid their full value, to
be ascertained by two persons, to be appointed by the President of
the United States.

Art. 10. As there are some who have valuable buildings on the
roads and elsewhere upon the lands hereby ceded, should they remove,
it is further agreed by the aforesaid Commissioners, in behalf of the
United States, that the inconvenience of doing so shall be considered,
and such allowance made as will amount to an equivalent. For this
purpose, there shall be paid to the Mingo, Puckshenubbee, five hun¬
dred dollars; to Harrison, two hundred dollars; to Captain Cobb, two
hundred dollars; to William Hays, two hundred dollars; to O’Gleno,
two hundred dollars; and to all others who have comfortable houses,
a compensation in the same proportion.

Art. 11. It is also provided by the Commissioners of the United
States, and they agree in behalf of said states, that those Choctaw
Chiefs and Warriors, who have not received compensation for their
services during the campaign to Pensacola, in the late war, shall be
paid whatever is due them over and above the value of the blanket,
shirt, flap, and leggins, which have been delivered to them.

Art. 12. In order to promote industry and sobriety amongst all
classes of the Red people, in this nation, but particularly the poor, it
is further provided by the parties, that the agent appointed to reside
here, shall be, and he is hereby, vested with full power to seize and
confiscate all the whiskey which may be introduced into said nation,
except that used at public stands, or brought in by the permit of the
agent, or the principal Chiefs of the three Districts.

Art. 13. To enable the Mingoes, Chiefs, and Head Men, of the
Choctaw nation, to raise and organize a corps of Light-Horse, con¬
sisting of ten in each District, so that good order may be maintained,
and that all men, both white and red, may be compelled to pay their
just debts, it is stipulated and agreed, that the sum of two hundred
dollars shall be appropriated by the United States, for each district,

Land to be sold for
support of Choctaw
schools.

An additional tract
of land for raising a
fund for the nation,
etc.

Provision for Indians
who remain, etc.

An equivalent to
such as have valuable
buildings, if they re¬
move, etc.

Payment to Choc¬
taws for services.

Agent may seize and
confiscate whiskey,
unless, etc.

Provision for raising
a corps of light-horse,
etc.

136

TREATY WITH THE CREEKS, 1821.

Annuity to Musliu-
latubbee.

Peace and harmony
perpetual.

Treaty binding
when ratified.

Jan. 8, 1821.

7 Stat., 215.
Proclamation,
Mar. 2, 1821.

Cession by the
Creek.

Boundaries.

Proviso.

Title of certain
tracts to be in the
Creek nation, so long
as the occupants re¬
main, etc.

Reservation for
United States agency.

annually, and placed in the hands of the agent, to pay the expenses
incurred in raising and establishing said corps; which is to act as
executive officers, in maintaining good order, and compelling bad men
to remove from the nation, who are not authorized to live in it by a
regular permit from the agent.

Art. 14. Whereas the father of the beloved Chief Mushulatubbee,
of the Lower Towns, for and during his life, did receive from the
United States the sum of one hundred and fifty dollars, annually; it is
hereby stipulated, that his son and successor Mushulatubbee, shall
annually be paid the same amount during his natural life, to commence
from the ratification of this Treaty.

Art. 15. The peace and harmony subsisting between the Choctaw
Nation of Indians and the United States, are hereby renewed, con¬
tinued, and declared to be perpetual.

Art. 16. These articles shall take effect, and become obligatory on
the contracting parties, so soon as the same shall be ratified by the
President, by and with the advice and consent of the Senate of the
United States.

TREATY WITH THE CREEKS, 1821.

Articles of a treaty entered into at the Indian Spring, in the Creek
Nation , by Daniel M. Forney , of the State of North Carolina, and
David Meriwether, of the State of Georgia , specially appointed for
that purpose, on the part of the United States; and the Chiefs, Head
Men , and Warriors, of the Creek Nation, in council assembled.

Art. 1. The Chiefs, Head Men, and Warriors, of the Creek Nation,
in behalf of the said nation, do, by these presents, cede to the United
States all that tract or parcel of land, situate, lying, and being, east of
the following bounds and limits, viz: Beginning on the east bank of
Flint river, where Jackson’s line crosses, running thence, up the east¬
ern bank of the same, along the water’s edge, to the head of the princi¬
pal western branch; from thence, the nearest and a direct line, to the
Chatahooche river, up the eastern bank of the said river, along the
water’s edge, to the shallow Ford, where the present boundary line
between the state of Georgia and the Creek nation touches the said river:
Provided, however, That, if the said line should strike the Chatahooche
river, below the Creek village Buzzard-Roost, there shall be a set-off
made, so as to leave the said village one mile within the Creek nation;
excepting and reserving to the Creek nation the title and possession,
in the manner and form specified, to all the land hereafter excepted,
viz: one thousand acres, to be laid off in a square, so as to include the
Indian Spring in the centre thereof; as,. also, six hundred and forty
acres on the western bank of the Oakmulgee river, so as to include the
improvements at present in the possession of the Indian Chief General
M’Intosh.

Art. 2. It is hereby stipulated, by the contracting parties, that the
title and possession of the following tracts of land shall continue in the
Creek nation so long as the present occupants shall remain in the per¬
sonal possession thereof, viz: one mile square, each, to include, as near
as may be, in the centre thereof, the improvements of Michey Bar¬
nard, James Barnard, Buckey Barnard, Cussena Barnard, and Efaue-
mathlaw, on the east side of Flint river; which reservations shall con¬
stitute a part of the cession made bv the first article, so soon as they
shall be abandoned by the present occupants.

Art. 3. It is hereby stipulated, by the contracting parties, that, so
long as the United States continue the Creek agency at its present situ¬
ation on Flint river, the land included within the following boundary,
viz: beginning on the east bank of Flint river, at the mouth of the
Boggy Branch, and running out, at right angles, from the river, one

137

TREATY WITH THE CREEKS, 1821.

mile and a half; thence up, and parallel with, the river, three miles:
thence, parallel with the first line, to the river; and thence, down the
river to the place of beginning; shall be reserved to the Creek nation
for the use of the L nited States’ agency, and shall constitute a part of
the cession made by the first article, whenever the agency shall be
removed.

Art. I. It is hereby stipulated and agreed, on the part of the United Payment for lands
States, as a consideration for the land ceded by the Creek nation by the
first article, that there shall be paid to the Creek nation, by the United
States, ten thousand dollars in hand, the receipt whereof is hereby
acknowledged; forty thousand dollars as soon as practicable after the
ratification of this convention; five thousand dollars, annually, for two
years thereafter; sixteen thousand dollars, annually, for five years
thereafter; and ten thousand dollars, annually, for six years thereafter;
making, in the whole, fourteen payments in fourteen successive years,
without interest, in money or goods and implements of husbandry, at
the option of the Creek nation, seasonably signified, from time to time,
through the agent of the United States residing with said nation, to the
Department of War. And, as a further consideration for said cession, united states to pay
the United States do hereby agree to pay to the state of Georgia what- thebliancldufbyTht
ever balance may be found due by the Creek nation to the citizens of Creek Nation-
said state, whenever the same shall be ascertained, in conformity with
the reference made by the commissioners of Georgia, and the chiefs,
head men, and warriors, of the Creek nation, to be paid in five annual
instalments without interest, provided the same shall not exceed the
sum of two hundred and fifty thousand dollars; the commissioners of
Georgia executing to the Creek nation a full and final relinquishment
of all the claims of the citizens of Georgia against the Creek nation,
for property taken or destroyed prior to the act of Congress of one
thousand eight hundred and two, regulating the intercourse with the
Indian tribes.

Art. 5. The President of the United States shall cause the line to President; to
be run from the head of Flint river to the Chatahooche river, and the run, etc. e ine 0 e
reservations made to the Creek nation to be laid off, in the manner
specified in the first, second, and third, articles of this treaty, at such
time and in such manner as he may deem proper, giving timely notice
to the Creek nation; and this Convention shall be obligatory on the
contracting parties, as soon as the same shall have been ratified by the
government of the United States.

TREATY WITH THE CREEKS, 1821.

Articles of agreement entered into , between the undersigned Commis- Jan. 8, 1821.
sioners, appointed by the Governor of the state of Georgia > for and proclamation Mar
on behalf of the citizens of the said state , and the Chiefs , Head Men , 2, i82i.ama lon’ ar‘
and Warriors , of the Creek nation of Indians.

W hereas, at a conference opened and held at the Indian Spring, in
the' Creek nation, the citizens of Georgia, bv the aforesaid commis¬
sioners, have represented that they have claims to a large amount against
the said Creek nation of Indians: Now, in order to adjust and bring
the same to a speedy and final settlement, it is hereby agreed by the
aforesaid commissioners, and the chiefs, head men, and warriors, of the
said nation, that all the talks had upon the subject of these claims at
this place, together with all claims on either side, of whatever nature or rcS^d to decMoS of
kind, prior to the act of Congress of one thousand eight hundred and two, the President,
regulating the intercourse with the Indian tribes, with the documents 1802, ch‘ 13'
in support of them, shall be referred to the decision of the President
of the United States, by him to be decided upon, adjusted, liquidated,

138

TREATY WITH THE OTTAWAS, ETC., 1821.

Proviso

Jan. 8, 1821.

Commissioners o f
Georgia release the
Creeks from all claims
prior to 1802.

Claims transferred
to United States.

Aug. 29, 1821.

7 Shit. , 218.
Proclamation, Mar.
25, 1822.

Cession of land
within the boundaries
described.

and settled, in such manner, and under such rules, regulations, and
restrictions, as he shall prescribe: Provided , however , if it should meet
the views of the President of the United States, it is the wish of the
contracting parties, that the liquidation and settlement of the aforesaid
claims shall be made in the state of Georgia, at such place as he may
deem most convenient for the parties interested, and the decision and
award, thus made and rendered, shall be binding and obligatory upon
the contracting parties.

Discharge for All Claims on the Creeks.

W here as a treaty or convention has this day been made and entered
into, by and between the United States and the Creek nation, by the
provisions of which the United States have agreed to pay, and the com¬
missioners of the state of Georgia have agreed to accept, for and on
behalf of the citizens of the state of Georgia, having claims against the
Creek nation, prior to the year one thousand eight hundred and two,
the sum of two hundred and fifty thousand dollars:

Now, know all men by these presents, that we, the undersigned,
commissioners of the state of Georgia, for, and in consideration of, the
aforesaid sum of two hundred and fifty thousand dollars, secured by the
said treaty or convention to be paid to the state of Georgia, for the dis¬
charge of all bona fide and liquidated claims, which the citizens of the
said state may establish against the Creek nation, do, by these presents,
release, exonerate, and discharge, the said Creek nation from all and
every claim and claims, of whatever description, nature, or kind, the
same may be, which the citizens of Georgia now have, or may have had,
prior to the year one thousand eight hundred and two, against the said
nation. And we do hereby assign, transfer, and set over, unto the
United States, for the use and benefit of the said Creek nation, for the
consideration hereinbefore expressed, all the right, title, and interest,
of the citizens of the said state, to all claims, debts, damages, and prop¬
erty, of every description and denomination, which the citizens of the
said state have, or had, prior to the year one thousand eight hundred
and two, as aforesaid, against the said Creek nation

TREATY WITH THE OTTAWAS, ETC., 1821.

Articles of a treaty made and concluded at Chicago , in the State of
Illinois , between Lewis Cass and Solomon Sibley , Commissioners of
the United States , and the Ottawa , Chippewa, and Pottawatomie,
Nations of Indians.

Article I. The Ottawa, Chippewa, and Pottawatamie, Nations of
Indians cede to the United States all the Land comprehended within
the following boundaries: Beginning at a point on the south bank of
the river St. Joseph of Lake Michigan, near the Parc aux Vaches, due
north from Rum’s Village, and running thence south to a line drawn
due east from the southern extreme of Lake Michigan, thence with the
said line east to the Tract ceded by the Pottawatamies to the United
States by the Treaty of Fort Meigs in 1817, if the said line should
strike the said Tract, but if the said line should pass north of the said
Tract, then such line shall be continued until it strikes the western
boundary of the Tract ceded to the United States by the Treaty of
Detroit in 1807, and from the termination of the said line, following
the boundaries of former cessions, to the main branch of the Grand
River of Lake Michigan, should any of the said lines cross the said

TREATY WITH THE OTTAWAS, ETC., 1821.

139

River, but if none of the said lines should cross the said River, then
to a point due east of the source of the said main branch of the said
river, and from such point due west to the source of the said principal
branch, and from the crossing of the said River, or from the source
thereof, as the case may be, down the said River, on the north bank
thereof, to the mouth; thence following the shore of Lake Michigan
to the south bank of the said river St. Joseph, at the mouth thereof,
and thence with the said south bank to the place of beginning.

Art. 2. From the cession aforesaid, there shall be reserved, for the
use of the Indians, the following Tracts:

One tract at Mang-ach-qua Village, on the river Peble, of six miles
square.

One tract at Mick-ke-saw-be, of six miles square.

One tract at the village of Na-to-wa-se-pe, of four miles square.

One tract at the village of Prairie Ronde, of three miles square.

One tract at the village of Match-e-be-narh-she-wish, at the head of
the Kekalamazoo river.

Art. 3. There shall be granted by the United States to each of the
following persons, being all Indians by descent, and to their heirs, the
following Tracts of Land:

To J ohn Burnet, two sections of land.

To James Burnet, Abraham Burnet, Rebecca Burnet, and Nanc}r
Burnet, each one section of land; which said John, James, Abraham,
Rebecca, and Nancy, are children of Kaw-kee-me, sister of Top-ni-be,
principal chief of the Potwatamie nation.

The land granted to the persons immediately preceding, shall begin
on the north bank of the river St. Joseph, about two miles from the
mouth, and shall extend up and back from the said river for quantity.

To John B. La Lime, son of Noke-no-qua, one-half of a section of
land, adjoining the tract before granted, and on the upper side thereof.

To Jean B. Chandonai, son of Chip-pe-wa-qua, two sections of land,
on the river St. Joseph, above and adjoining the tract granted to J. B.
La Lime.

To Joseph Daze, son of Chip-pe-wa-qua, one section of land above
and adjoining the tract granted to Jean B. Chandonai.

To Monguago, one-half of a section of land, at Mish-she-wa-ko-
kink.

To Pierre Moran or Peeresh, a Potawatamie Chief, one section of
land, and to his children two sections of land, at the mouth of the Elk-
heart river.

To Pierre Le Clerc, son of Moi-qua, one section of land on the Elk-
heart river, above and adjoining the tract granted to Moran and his
children.

The section of land granted by the Treaty of St. Mary’s, in 1818, to
Peeresh or Perig, shall be granted to Jean B. Cicot, son of Pe-say-quot,
sister of the said Peeresh, it having been so intended at the execution
of the said Treaty.

To O-she-ak-ke-be or Benac, one-half of a section of land on the
north side of the Elk-heart river, where the road from Chicago to Fort
Wayne first crosses the said river.

To Me-naw-che, a Potawatamie woman, one-half of a section of land
on the eastern bank of the St. Joseph, where the road from Detroit to
Chicago first crosses the said river.

To Theresa Chandler or To-e-ak-qui, a Potawatamie woman, and to
her daughter Betsey Fisher, one section of land on the south side of
the Grand River, opposite to the Spruce Swamp.

To Charles Beaubien and Medart Beaubien, sons of Man-na-ben-a-
qua, each one-half of a section of land near the village of Ke-wi-go-
shkeem, on the Washtenaw fiver.

To Antoine Roland, son of I-gat-pat-a-wat-a-mie-qua, one-half of a
section of land adjoining and below the tract granted to Pierre Moran.

Reservations.

Grants to persons
named.

Location of the pre¬
ceding grants.

Further grants.

140

TREATY WITH THE OTTAWAS, ETC. , 1821.

Grants not transfer¬
able without consent.

Tracts to be located
after survey.

Payment for said
cession.

Land to be reserved
for blacksmiths and
teachers.

Right of Indians to
hunt on land ceded.

United States may
make a road through
Indian country.

Treaty binding
when ratified.

The tract at Match-
ebenashshewish to be
3 miles square.

To William Knaggs or Was-es-kuk-son, son of Ches-qua, one-half
of a section of land adjoining and below the tract granted to Antoine
Roland.

To Madeline Bertrand, wife of Joseph Bertrand, a Potawatamie
woman, one section of land at the Parc aux Yaches, on the north side
of the river St. Joseph.

To Joseph Bertrand, junior, Benjamin Bertrand, Laurent Bertrand,
Theresa Bertrand, and Amable Bertrand, children of the said Madeline
Bertrand, each one half of a section of land at the portage of the Kan¬
kakee river.

To John Riley, son of Me-naw-cum-a-go-quoi, one section of land,
at the mouth of the river Au Foin, on the Grand River, and extending
up the said River.

To Peter Riley, the son of Me-naw-cum-e-go-qua, one section of land,
at the mouth of the river Au Foin, on the Grand River, and extending
down the said river.

To Jean B. Le Clerc, son of Moi-qua, one half of a section of land,
above and adjoining the tract granted to Pierre Le Clerc.

To Joseph La Framboise, son of Shaw-we-no-qua, one section of
land upon the south side of the river St. Joseph, and adjoining on the
upper side the land ceded to the United States, which said section is
also ceded to the United States.

The Tracts of Land herein stipulated to be granted, shall never be
leased or conveyed by the grantees or their heirs to any persons what¬
ever, without the permission of the President of the United States.
And such tracts shall be located after the said cession is surveyed, and
in conformity with such surveys as near as may be, and in such man¬
ner as the President may direct.

Art. 4. In consideration of the cession aforesaid, the United States-
engage to pay to the Ottawa nation, one thousand dollars in specie
annually forever, and also to appropriate annually, for the term of ten
years, the sum of fifteen hundred dollars, to be expended as the Presi¬
dent may direct, in the support of a Blacksmith, of a Teacher, and of
a person to instruct the Ottawas in agriculture and in the purchase of
cattle and farming utensils. And the United States also engage to pay
to the Potawatamie nation five thousand dollars in specie, annually, for
the term of twenty years, and also to appropriate annually, for the
term of fifteen years, the sum of one thousand dollars, to be expended
as the President may direct, in the support of a Blacksmith and a
Teacher. And one mile square shall be selected, under the direction
of the President, on the north side of the Grand River, and one mile
square on the south side of the St. Joseph, and within the Indian lands
not ceded, upon which the blacksmiths and teachers employed for the
said tribes, respectively, shall reside.

Art. 5. The stipulation contained in the treaty of Greenville, rela¬
tive to the right of the Indians to hunt upon the land ceded while it
continues the property of the United States, shall apply to this treaty.

Art. 6. The United States shall have the privilege of making and
using a road through the Indian country, from Detroit and Fort Wayne,
respectively, to Chicago.

Art. 7. This Treaty shall take effect and be obligatory on the con¬
tracting parties, so soon as the same shall be ratified by the President
of the United States, by and with the advice and consent of the Senate
thereof.

The tract reserved at the village of Match-e-be-nash-she-wish, at the
head of the Ke-kal-i-ma-zoo river, was by agreement to be three miles
square. The extent of the reservation was accidentally omitted.

141

TREATY WITH THE FLORIDA TRIBES OF INDIANS, 1823.

TREATY WITH THE OSAGES, 1822.

Articles of a Treaty , entered into and concluded at the United States ’ Aug, si, iaa.
Factory on the M. De Cigue Augt. l)y and between Richard 7 stat., 222.
Graham , Agent of Indian Affairs , authorized on the fart of the i3Pi823amatlon’ Feb'
United States for that purpose, and the Chiefs, Warriors, and Head
Men, of the Tribes of Great and Little Osage Indians, for themselves
cmd their respective Tribes , of the other part .

Whereas, by the second article of the Treaty made and entered fT^e second article
into between the United States and the Great and Little Osage nation 10, t iso?, ^abrogated-
of Indians, concluded and signed at Fort Clark, on the Missouri, on consideration-
the tenth day of November, one thousand eight hundred and eight, it
is stipulated that the United States shall establish at that place, and
permanently continue, at all seasons of the year, a well assorted store
of goods, for the purpose of bartering with them on moderate terms
for their peltries and furs: Now, we, the said Chiefs, Warriors, and
Head Men, in behalf of our said Tribes, for and in consideration of
two thousand three hundred and twenty-nine dollars and forty cents,
to us now paid in merchandise, out of the United States’ Factory, by
said Richard Graham, on behalf of the United States, the receipt
whereof is hereby acknowledged, do exonerate, release, and forever
discharge, the United States from the obligation contained in the said
second article above mentioned; and the aforesaid second article is,
from the date hereof, abrogated and of no effect.

TREATY WITH THE SACS AND FOXES, 1822.

Articles of a Treaty entered into and concluded at Fort Armstrong , by sept. 3, 1822.
and between Thomas Forsyth , Agent of Indian Affairs , authorized on 7 stat., 223.
the part of the United States for that purpose, of the one part , and i3fi823.aina lon’
the Chiefs, Warriors, and Head Men, of the United Sac and Fox
Tribes, for themselves and their Tribes, of the other part.

Whereas by the ninth article of the Treaty made and entered into
between the United States and the Sac and Fox Tribes of Indians, con- abrogated; considera-
cluded and signed at Saint Louis, in the District of Louisiana, on the tlon-
third day of November, one thousand eight hundred and four, it is
stipulated, in order to put a stop to the abuses and impositions' which
are practised upon the said Tribes by the private traders, the United
States will, at a convenient time, establish a trading house or factory,
where the individuals of the said Tribes can be supplied with goods at
a more reasonable rate than they have been accustomed to procure
them. Now, We, the said Chiefs, Warriors, and head men of the said
Tribes, for and in consideration of the sum of one thousand dollars to
us, now paid in merchandise out of the United States’ Factory, by said
Thomas Forsyth, on behalf of the United States, the receipt whereof
is hereby acknowledged, do exonerate, release, and forever discharge,
the United States from the obligation contained in the said ninth article
above recited, and the aforesaid ninth article is, from the date hereof,
abrogated and of no effect.

TREATY WITH THE FLORIDA TRIBES OF INDIANS, 1823.

Article I. The undersigned chiefs and warriors, for themselves _ sept, is, iaa. _

and their tribes, have appealed to the humanity, and thrown them- ^ ^
selves on, and have promised to continue under, the protection 01 the 2,1824.

142

TREATY WITH THE FLORIDA TRIBES OF INDIANS, 1823.

Said Indians to con¬
tinue under the pro¬
tection of United
States.

Said Indians to be
confined to the follow
ing metes and bounds

United States to
take the Florida In¬
dians under their
care, etc.

United States to
guaranty peaceable
possession of the dis¬
trict assigned them, on
certain conditions.

Corn, meat, etc., to
be allowed them for
twelve months.

An agent, etc., to be
appointed to reside
among them.

United States, and of no other nation, power, or sovereign; and, in
consideration of the promises and stipulations hereinafter made, do
cede and relinquish all claim or title which they may have to the whole
territory of Florida, with the exception of such district of country as
shall herein be allotted to them.

Article II. The Florida tribes of Indians will hereafter be con¬
centrated and confined to the following metes and boundaries: com¬
mencing five miles north of Okehumke, running in a direct line to a
point five miles west of Setarky’s settlement, on the waters of Ama-
zura, (or Withlahuchie river,) leaving said settlement two miles south
of the line; from thence, in a direct line, to the south end of the Big
Hammock, to include Chiekuchate; continuing, in the same direction,
for five miles beyond the said Hammock — provided said point does
not approach nearer than fifteen miles the sea coast of the Gulf of
Mexico; if it does, the said line will terminate at that distance from
the sea coast; thence,, south, twelve miles; thence in a south 30° east
direction, until the same shall strike within five miles of the main
branch of Charlotte river; thence, in a due east direction, to within
twenty miles of the Atlantic coast; thence, north, fifteen west, for
fifty miles and from this last, to the beginning point.

Article III. The United States will take the Florida Indians under
their care and patronage, and will afford them protection against all
persons whatsoever; provided they conform to the laws of the United
States, and refrain from making war, or giving any insult to any for¬
eign nation, without having first obtained the permission and consent
of the United States: And, in consideration of the appeal and cession
made in the first article of this treaty, by the aforesaid chiefs and
warriors, the United States promise to distribute among the tribes, as
soon as concentrated, under the direction of their agent, implements
of husbandry, and stock of cattle and hogs, to the amount of six thou¬
sand dollars, and an annual sum of five thousand dollars a year, for
twenty successive years, to be distributed as the President of the
United States shall direct, through the Secretary of War, or his
Superintendents and Agent of Indian Affairs.

Article IV. The United States promise to guaranty to the said
tribes the peaceable possession of the district of country herein
assigned them, reserving the right of opening through it such roads,
as may, from time to time, be deemed necessary; and to restrain and
prevent all white persons from hunting, settling, or otherwise intrud¬
ing upon it. But any citizen of the United States, being lawfully
authorized for that purpose, shall be permitted to pass and repass
through the said district, and to navigate the waters thereof, without
any hindrance, toll, or exaction, from said tribes.

Article V. For the purpose of facilitating the removal of the said
tribes to the district of country allotted them, and, as a compensation
for the losses sustained, or the inconveniences to which they may be
exposed by said removal, the United States will furnish them with
rations of corn, meat, and salt, for twelve months, commencing on the
first day of February next; and they further agree to compensate those
individuals who have been compelled to abandon improvements on
lands, not embraced within the limits allotted, to the amount of four
thousand five hundred dollars, to be distributed among the sufferers,
in a ratio to each, proportional to the value of the improvements aban¬
doned. The United States further agree to furnish a sum, not exceed¬
ing two thousand dollars, to be expended by their agent, to facilitate
the transportation of the different tribes to the point of concentration
designated.

Article VI. An agent, sub-agent, and interpreter, shall be appointed,
to reside within the Indian boundary aforesaid, to watch over the inter¬
ests of said tribes; and the United States further stipulate, as an evi¬
dence of their humane policy towards said tribes, who have appealed to

148

TREATY WITH THE FLORIDA TRIBES OF INDIANS, 1823.

their liberality, to allow for the establishment of a school at the agency,
one thousand dollars per year for twenty successive years; and one
thousand dollars per year, for the same period, for the support of a gun
and blacksmith, with the expenses incidental to his shop.

Article VII. The chiefs and warriors aforesaid, for themselves and anIndfe £e prg^®“t
tribes, stipulate to be active and vigilant in the preventing the retreating from taking shelter
to, or passing through, of the district of country assigned them, of any among them’ etc-
absconding slaves, or fugitives from justice; and further agree, to use
all necessary exertions to apprehend and deliver the same to the agent,
who shall receive orders to compensate them agreeably to the trouble
and expenses incurred.

Article VIII. A commissioner, or commissioners, with a surveyor, a commissioner and
shall be appointed, by the President of the United States, to run "and pointed.1 e ap"
mark, (blazing fore and aft the trees) the line as defined in the second
article of this treaty, who shall be attended by a chief or warrior, to be
designated by a council of their own tribes, and who shall receive, while
so employed, a daily compensation of three dollars.

Article IX. The undersigned chiefs and warriors, for themselves th?ro5ection^ oTsiid
and tribes, having objected to their concentration within the limits tribes to certain lands
described in the second article of this treaty, under the impression that are oun e '
the said limits did not contain a sufficient quantity of good land to sub¬
sist them, and for no other reason: it is, therefore, expressly under¬
stood, between the United States and the aforesaid chiefs and warriors,
that, should the country embraced in the said limits, upon examination
by the Indian agent and the commissioner, or commissioners, to be
appointed under the 8th article of this treaty, be by them considered
insufficient for the support of the said Indian tribes; then the north
line, as defined in the 2d article of this treaty, shall be removed so far
north as to embrace a sufficient quantity of good tillable land.

Article X. The undersigned chiefs and warriors, for themselves and thl^Sti^fee^im-
tribes, have expressed to the commissioners their unlimited confidence
in their agent, Col. Gad Humphreys, and their interpreter, Stephen and°sniucbards! reys
Richards, and, as an evidence of their gratitude for their services and
humane treatment, and brotherly attentions to their wants, request that
one mile square, embracing the improvements of Enehe Mathla, at
Tallahassee (said improvements to be considered as the centre) be con¬
veyed, in fee simple, as a present to Col. Gad Humphreys.— And they
further request, that one mile square, at the Ochesee Bluffs, embracing’

Stephen Richard’s field on said Bluffs, be conveyed in fee simple, as a
present to said Stephen Richards. The commissioners accord in senti¬
ment with the undersigned chiefs and warriors, and recommend a com¬
pliance with their wishes to the President and Senate of the United
States; but the disapproval^ on the part of the said authorities, of
this article, shall, in no wise, affect the other articles and stipulations
concluded on in this treaty.

Additional Article.

Whereas Neo Mathla, John Blunt, Tuski Hajo, Mulatto King, Emath- _ sept, is, isos. _

lochee, and Econchatimico, six of the principal Chiefs of the Florida ^|&nai article.

Indians, and parties to the treaty to which this article has been annexed,

have warmly appealed to the Commissioners for permission to remain

in the district of country now inhabited by them; and, in consideration

of their friendU disposition, and past services to the United States, it

is, therefore, stipulated, between the United States and the aforesaid

Chiefs, that the following reservations shall be surveyed, and marked

by the Commissioner, or Commissioners, to be appointed under the 8th

article of this Treaty: For the use of Nea Mathla and his connections,

two miles square, embracing the Tuphulga village, on the waters ot

Rocky Comfort Creek. For Blunt and Tuski Hajo, a reservation, com-

144

TREATY WITH THE FLORIDA TRIBES OF INDIANS, 1823.

mencing on the Apalachicola, one mile below Tuski Hajo’s improve¬
ments, running up said river four miles; thence, west, two miles;
thence, southerly, to a point two miles due west of the beginning; thence,
east, to the beginning point. For Mulatto King and Emathlochee, a
reservation, commencing on the Apalachicola, at a point to include
Yellow Hair’s improvements; thence, up said river, for four miles;
thence, west, one mile; thence, southerly, to a point one mile west of
the beginning; and thence, east, to the "beginning point. For Econ-
chatimico, a reservation, commencing on the Chatahoochie, one mile
below Econchatimico’s house; thence, up said river, for four miles;
thence, one mile, west; thence, southerly, to a point one mile west of
the beginning; thence, east, to the beginning point. The United States
promise to guaranty the peaceable possession of the said reservations,
as defined, to the aforesaid chiefs and their descendants only , so long
as they shall continue to occupy, improve, or cultivate, the same; but
in the event of the abandonment of all, or either of the reservations,
by the chief or chiefs, to whom they have been allotted, the reserva¬
tion, or reservations, so abandoned, shall revert to the United States,
as included in the cession made in the first article of this treaty. It is
further understood, that the names of the individuals remaining on the
reservations aforesaid, shall be furnished, by the chiefs in whose favor
the reservations have been made, to the Superintendent or agent of
Indian Affairs, in the territory of Florida; and that no other individ¬
uals shall be received or permitted to remain within said reservations,
without the previous consent of the Superintendent or Agent aforesaid;
And, as the aforesaid Chiefs are authorized to select the individuals
remaining with them, so they shall each be separately held responsible
for the peaceable conduct of their towns, or the individuals residing
on the reservations allotted them. It is further understood, between
the parties, that this agreement is not intended to prohibit the voluntary
removal, at any future period, of all or either of the aforesaid Chiefs
and their connections, to the district of country south, allotted to the
Florida Indians, by the second article of this Treaty, whenever either,
or all may think proper to make such an election; the United States
reserving the right of ordering, for any outrage or misconduct, the
aforesaid Chiefs, or either of them, with their connections, within
the district of country south, aforesaid. It is further stipulated, by
the United States, that, of the six thousand dollars, appropriated for
implements of husbandry, stock, &c. in the third article of this Treaty,
eight hundred dollars shall be distributed, in the same manner, among
the aforesaid chiefs and their towns; and it is understood, that, of the
annual sum of five thousand dollars, to be distributed by the President
of the United States, they will receive their proportion. It is further
stipulated, that, of the four thousand five hundred dollars, and two thou¬
sand dollars, provided for by the 5th article of this Treaty, for the
payment for improvements and transportation, five hundred dollars
shall be awarded to Neo Mathla, as a compensation for the improve¬
ments abandoned by him, as well as to meet the expenses he will
unavoidably be exposed to, b}^ his own removal, and that of his con¬
nections.

The following statement shows the number of men retained by the Chiefs, who
have reservations made them, at their respective villages:

Number of Men.

Blount, - - - - - - .43

Cochran, -------- 45

Mulatto King, ------- 30

Emathlochee, ------- 28

Econchatimico, - -- ----38

Neo Mathia, 30

Total

214

14fr

TREATY WITH THE SAC AND FOX INDIANS, 1824.

TREATY WITH THE CHEROKEES, 1804.

Articles of a treaty between the United States of America and the
Cherokee Indians.

Daniel Smith and Return J. Meigs, being commissioned by Thomas
Jefferson, President of the United States, with powers of acting in
behalf of the said U nited States, in arranging certain matters with the
Cherokee nation of Indians; and the underwritten principal Chiefs,
representing the said nation, having met the said Commissioners in a
conference atTellico, and having taken into their consideration certain
propositions made to them by the said Commissioners of the United
States; the parties aforesaid, have unanimously agreed and stipulated,
as is definitely expressed in the following articles:

Article 1st. For the considerations hereinafter expressed, the Cher¬
okee nation relinquish and cede to the United States, a tract of land
bounding, southerly, on the boundary line between the State of Georgia
and the said Cherokee nation, beginning at a point on the said bound¬
ary line northeasterly of the most northeast plantation, in the settle¬
ment known by the name of Wafford’s Settlement, and running at
right angles with the said boundary line four miles into the Cherokee
land; thence at right angles southwesterly and parallel to the first
mentioned boundary line, so far as that a line, to be run at right angles
southerly to the said first mentioned boundary line, shall include, in
this cession, all the plantations in Wafford’s settlement, so called, as
aforesaid.

Article 2d. For, and in consideration of, the relinquishment and
cession, as expressed in the first article, the United States, upon sign¬
ing the present Treaty, shall cause to be delivered to the Cherokees,
useful goods, wares, and merchandise, to the amount of five thousand
dollars, or that sum in money, at the option (timely signified) of the
Cherokees, and shall, also, cause to be delivered, annually, to them,
other useful goods to the amount of one thousand dollars, or money to
that amount, at the option of the Cherokees, timely notice thereof
being given, in addition to the annuffy, heretofore stipulated, and to
be delivered at the usual time of their receiving their annuity.

TREATY WITH THE SAC AND FOX INDIANS, 1824.

To perpetuate peace and friendship between the United States and
the Sock and Fox tribes or nations of Indians, and to remove all future
cause of dissensions which may arise from undefined territorial bounda¬
ries, the President of the United States of America, bj^ William Clark,
Superintendent of Indian Affairs, and sole Commissioner specially
appointed for that purpose, of the one part, and the undersigned Chiefs
and Head Men of the Sock and Fox tribes or nations, fully deputized
to act for and in behalf of their said nations, of the other part, have
entered into the following articles and conditions, viz:

Article 1st. The Sock and Fox tribes or nations of Indians, by
their deputations in council assembled, do hereby agree, in considera¬
tion of certain sums of money, &c. to be paid to the said Sock and
Fox tribes, by the Government of the United States, as hereinafter
stipulated, to cede and for ever quit claim, and do, in behalf of their
said tribes or nations, hereby cede, relinquish, and forever quit claim,
unto the United States, all right, title, interest, and claim, to the lands
which the said Sock and Fox tribes have, or claim, within the limits of
the state of Missouri, which are situated, lying, and being, between
the Mississippi and Missouri rivers, and a line running from the Mis¬
souri, at the entrance of Kansas river, north one hundred miles to the

S. Doc. 452 — — 10

Oct. 24, 1804.

7 Stat., 228.
Proclamation, May
17, 1824.

Cession of land by
Cherokees.

Useful goods to
amount of 85,000 to be
paid them as an an¬
nuity.

Aug. 4, 1824.

7 Stat., 229.
Proclamation, Jan.
18, 1825.

Agreements entered
into by said tribes. -

146 TREATY WITH THE 10 WAS, 1824.

Northwest corner of the state of Missouri, and from thence east to the
Mississippi. It being understood, that the small tract of land lying
between the rivers Desmoin and the Mississippi, and the section of the
above line between the Mississippi and the Desmoin, is intended for
the use of the half-breeds belonging to the Sock and Fox nations; they
holding it, however, by the same title, and in the same manner, that
other Indian titles are held.

Lands ceded, etc. Article 2d. The Chiefs and Head Men who sign this convention,
for themselves and in behalf of their tribes, do acknowledge the lands
east and south of the lines described in the first article, so far as the
Indians claimed the same, to belong to the United States, and that none
of their tribes shall be permitted to settle or hunt upon any part of it,
after the first day of January, 1826, without special permission from
the Superintendent of Indian Affairs.

Annuities, etc. Article 3d. It is hereby stipulated and agreed, on the part of the
United States, as a full consideration for the claims and lands ceded by
the Sock and Fox tribes in the first article, there shall be paid to the
Sock and Fox nations, within the present year, one thousand dollars in
cash, or merchandize; and in addition to the annuities stipulated to be
paid to the Sock and Fox tribes by a former treaty, the United States
do agree to pay to the said Sock tribe, five hundred dollars, and to the
Fox tribe five hundred dollars, annually, for the term of ten succeeding
years; and, at the request of the Chiefs of the said Sock and Fox
nations, the Commissioner agrees to pay to Morice Blondeau, a half
Indian of the Fox tribe, the sum of five hundred dollars, it being a
debt due by the said nation to the aforesaid Blondeaux, for property
taken from him during the late war.

deredth^etoberen* Article 4th. The United States engage to provide and support a
Blacksmith for the Sock and Fox nations, so long as the President of
the United States may think proper, and to furnish the said nations
with such farming utensils and cattle, and to employ such persons to
aid them in their agriculture, as the President may deem expedient.

nuitieff6111 °f tbe an' Article 5th. The annuities stipulated to be paid by the 3d article,
are to be paid either in money, merchandise, provisions, or domestic
animals, at the option of the aforesaid tribes, and when the said annui¬
ties or part thereof is paid in merchandise, it is to be delivered to them
at the first cost of the goods at St. Louis, free from cost of transporta¬
tion.

whenaratifledligatory Article 6th. This treaty shall take effect and be obligatory on the
contracting parties so soon as the same shall be ratified by the Presi¬
dent of the United States, b}T and with the advice and consent of the
Senate thereof.

TREATY WITH THE IOWAS, 1824.

_ Aug' 4’-1824: _ Articles of a Treaty made and concluded at the City of Washington, on

Proclamation, Jan. the fourth day _ of August , one thousand eight hundred and twenty-four ,

is, 1825. ’ between William Clark , Superintendent of Indian Affairs , being

specially authorized by the President of the United States thereto , and
the undersigned Chiefs and Head men, of the Ioway Tribe or Nation ,
duly authorized and empowered by the said Nation.

toted IS? t0 the Article 1st, The Ioway Tribe or Nation of Indians by their depu¬
ties, Ma-hos-kah, (or White Cloud,) and Mah-ne-hah-nah, (or Great
Walker,) in Council assembled, do hereby agree, in consideration of a
certain sum of money, &c. to be paid to the said Ioway Tribe, by the
government of the United States, as hereinafter stipulated, to cede and
forever, quit claim, and do, in behalf of their said Tribe, hereby cede,
t relinquish, and forever quit claim, unto the United States, all right,
title, interest, and claim, to the lands which the said Ioway Tribe have,

TREATY WITH THE QUAPAWS, 1824.

147

or claim, within the State of Missouri, and situated between the Mis¬
sissippi and Missouri rivers and a line running from the Missouri, at
the mouth or entrance of Kanzas river, north one hundred miles, to the
northwest corner of the limits of the state of Missouri, and, from
thence, east to the Mississippi.

^ Article 2d. It is hereby stipulated and agreed, on the part of the
United States, as a full compensation for the claims and lands ceded by
the Ioway Tribe in the preceding article, there shall be paid to the said
Ioway tribe, within the present year, in cash or merchandise, the
amount of five hundred dollars, and the United States do further agree
to pay to the Ioway Tribe, five hundred dollars, annually, for the term
of ten succeeding years.

Article 3d. The Chiefs and Head Men who sign this Treaty, for
themselves, and in behalf of their Tribe, do acknowledge that the lands
east and south of the lines described in the first article, (which has been
run and marked by Colonel Sullivan.) so far as the Indians claimed the
same, to belong to the United States, and that none of their tribe shall
be permitted to settle or hunt upon any part of it, after 1st day of
January, one thousand eight hundred and twenty-six, without special
permission from the Superintendent of Indian Affairs.

Article 4th. The undersigned Chiefs, for themselves, and all parts
of the Ioway tribe, do acknowledge themselves and the said Ioway
Tribe, to be under the protection of the United States of America, and
of no other sovereign whatsoever; and they also stipulate, that the said
Ioway tribe will not hold any treaty with any foreign powers, individual
state, or with individuals of any state.

Article 5th. The United States engage to provide and support a
blacksmith for the Ioway Tribe, so long as the President of the United
States may think proper, and to furnish the said Tribe with such farm¬
ing utensils and cattle, and to employ such persons to aid them in their
agriculture, as the President may deem expedient.

Article 6th. The annuities stipulated to be paid by the second
article, to be paid either in money, merchandise, provisions, or domestic
animals, at the option of the aforesaid Tribe; and when the said annu¬
ities, or any part thereof, is paid in merchandise, it is to be delivered
to them at the first cost of the goods at St. Louis, free from cost of
transportation.

Article 7th. This Treaty shall take effect, and be obligatory on the
contracting parties, so soon as the same shall be ratified by the Presi¬
dent of the United States, by and with the advice and consent of the
Senate thereof.

TREATY WITH THE QUAPAWS, 1824.

Articles of a treaty between the United States of America and the
Quapaw Nation of Indians.

Article 1. The Quapaw Nation of Indians cede to the United States
of America, in consideration of the promises and stipulations herein¬
after made, all claim or title which they may have to lands.in the Ter¬
ritory of Arkansas, comprised in the following boundaries, to wit:
Beginning at a point on the Arkansas river, opposite to the Post of
Arkansas, and running thence a due south-west course to the Ouachita
river; and thence, up the same, to the Saline Fork; and up the. Saline
Fork, to a point from whence a due north-east course will strike the
Arkansas river at Little Rock: and thence down the right (or south
bank) of the Arkansas river to the place of beginning.

Art. 2. In consideration of the cession made in the first article of
this Treaty, by the aforesaid Chiefs and Warriors, the United States
engage to pay to the four head Chiefs of the Quapaw Nation, the sum

Payment lor said
cession.

Acknowledgment of
Indians.

Protection of United
States acknowledged.

Assistance to be ren¬
dered Indians.

Payment of annui¬
ties.

Treaty obligatory
when ratified.

Nov. 15, 1824.

7 Stat., 232.
Proclamation. Feb.
19, 1825.

Lands ceded by the
Quapaws

$500 to be paid to
the head chiefs, etc.

148

TREATY WITH THE QUAPAWS, 1824.

Rights guarantied
them.

To be confined to
the district of country
occupied by the Cad¬
do Indians.

Assistance to be
rendered to Quapaws.

$7,500 to be reserved
to James Scull.

Tracts of land
granted to certain
persons, Indians by
descent.

of five hundred dollars each, in consideration of the losses they will sus¬
tain by removing from their farms and improvements. The payment
to be made at the time they receive their annuity for the year 1825.
And, also, to the said nation, the sum of four thousand dollars, to be
paid in goods, at the signing of this Treaty. And the United States
also engage to pay to the Quapaw Nation, one thousand dollars in
specie, annually, for the term of eleven years, in addition to their
present annuity.

Art. 3. The United States hereby guaranty to the said Nation of
Indians, the same right to hunt on the lands by them hereby ceded, as
was guarantied to them by a Treaty, concluded at St. Louis, on the
24th of August, 1818, between the said Quapaw Nation of Indians
and William Clark and Auguste Choteau, Commissioners on the
part of the United States.

Art. 4. The Quapaw Tribe of Indians will hereafter be concentrated
and confined to the district of country inhabited by the Caddo Indians,
and form a part of said Tribe. The said nation of Indians are to com¬
mence removing to the district allotted them, before the twentieth d&y
of January, one thousand eight hundred and twenty-six.

Art. 5. For the purpose of facilitating the removal of the said Tribe,
to the district of country allotted them, and as a compensation for the
losses sustained, and the inconveniences to which the}^ may be exposed
by said removal, the United States will furnish them with corn, meat,
and salt, for six months, from the first day of January, one thousand
eight hundred and twenty-six. The United States further agree to
furnish a sum not exceeding one thousand dollars, to be expended by
their agent, to facilitate the transportation of the said Tribe to the dis¬
trict of country herein assigned them. An Agent, Sub Agent, or I nter-
preter, shall be appointed to accompany said Tribe, and to reside among
them.

Art. 6. From the cession aforesaid, there shall be reserved to James
Scull, in consideration of a debt of seven thousand five hundred dol¬
lars, due to him from the Quapaw Nation, and recognized in open Coun¬
cil, two sections of land commencing on the Arkansas river, opposite to
Mrs. Embree’s, and running up and back from said river for quantity.
And the United States guaranty to the Quapaw Nation the payment of
the said debt of seven thousand five hundred dollars, either by the rati¬
fication of the grant made in this article, or by the payment of said
amount in money, exclusive of the amount stipulated to be paid to the
said nation by this treaty.

Art. 7. There shall be granted by the United States, to the follow¬
ing persons, being Indians by descent, the following tracts of Land:
To Francois Imbeau, one quarter section of land, commencing at a point
on the Arkansas river, opposite the upper end of Wright Daniel’s farm,
and thence, up and back from said river, for quantity. To Joseph
Duchassien, one quarter section of land, commencing at the lower corner
of the quarter section granted to Francois Imbeau, and running down
and back from said river for quantity. To Saracen, a half breed Qua¬
paw, eighty acres of land, to be laid off so as to include his improve¬
ment, where he now resides, opposite Vaugine’s. To Batiste Socie,
eighty acres of land, laying above and adjoining Saracen’s grant. To
Joseph Bonne, eighty acres of land, l\ring above and adjoining Socle’s
grant. To Baptiste Bonne, eighty acres of land, lying above and
adjoining Joseph Bonne’s grant. To Lewis Bartelmi, eightv acres of
land, lying above and adjoining Baptiste Bonne’s grant. To Antoine
Duchassin, eighty acres of land, lying above and adjoining Bartelmi’s
grant. To Baptiste Imbeau, eighty acres of land, lying above and
adjoining A. Duchassin’s grant. To Francois Coupot," eighty acres of
land, lying above and adjoining Baptiste Imbeau’s grant. To Joseph
Valliere, eight}^ acres of land, lying above and adjoining Francois Cou-

TREATY WITH THE CHOCTAWS, 1825.

149

pot's grant. All the said tracts of land shall be laid off, so as to con¬
form to the lines of the United States’ surveys, and binding on the
Arkansas river.

Art. 8. This treaty shall take effect, and be obligatory on the con¬
tracting parties, so soon as the same shall be ratified by the Senate of
the United States. J

TREATY WITH THE CHOCTAWS, 1825.

Articles o f a convention, made between John C. CaZlwun , Secretary of
War, being specially authorized therefor by the President of the United
/States, and the _ undersigned Chiefs and Head Wen of the Choctaw
Nation of Indians , duly authorized and empowered by said Nation ,
at the City of Washington , on the twentieth day of January, in the
year of our Lord one thousand eight hundred and twenty -five.

A hereas a Treaty of friendship, and limits, and accommodation,
having been entered into at Doake’s Stand, on the eighteenth of Octo¬
ber, in the year one thousand eight hundred and twenty, between
Andrew J ackson and Thomas Hinds, Commissioners on the part of
the United States, and the Chiefs and Warriors of the Choctaw Nation
of Indians; and whereas the second article of the Treaty aforesaid
provides tor a cession of lands, west of the Mississippi, to the Choctaw
Nation, in part satisfaction for lands ceded by said Nation to the
L nited States, according to the first article of said treaty : And whereas,
it being ascertained that the cession aforesaid embraces a large num¬
ber of settlers, citizens of the United States; and it being the desire
of the President of the United States to obviate all difficulties result¬
ing therefrom, and also, to adjust other matters in which both the
United States and the Choctaw Nation are interested: the following
articles have been agreed upon, and concluded, between John C. Cal¬
houn, Secretary of War, specially authorized therefor by the Presi¬
dent of the United States, on the one part, and the undersigned
Delegates of the Choctaw Nation, on the other part:

Article 1. The Choctaw Nation do hereby cede to the United
States all that portion of the land ceded to them by the second article
of the Treat}^ of Doak Stand, as aforesaid, lying east of a line begin¬
ning on the Arkansas, one hundred paces east of Fort Smith, and
running thence, due south, to Red river: it being understood that this
line shall constitute, and remain, the permanent boundary between
the United States and the Choctaws; and the United States agreeing
to remove such citizens as may be settled on the west side, to the east
side of said line, and prevent future settlements from being made on
the west thereof.

Article 2. In consideration of the cession aforesaid, the United
States do hereb}^ agree to pay the said Choctaw Nation the sum of six
thousand dollars, annually, forever; it being agreed that the said sum
of six thousand dollars shall be annually applied, for the term of twenty
years, under the direction of the President of the United States, to the
support of schools in said nation, and extending to it the benefits of
instruction in the mechanic and ordinary arts of life; when, at the
expiration of twenty jTears, it is agreed that the said annuity may be
vested in stocks, or otherwise disposed of, or continued, at the option
of the Choctaw nation.

Article 3. The eighth article of the treaty aforesaid having pro¬
vided that an appropriation of lands shall be made for the purpose of
raising six thousand dollars a year for sixteen years, for the use of the
Choctaw Nation; and it being desirable to avoid the delay and expense
attending the survey and sale of said land; the United States do hereby
agree to pay the Choctaw Nation, in lieu thereof, the sum of six thou-

Whento take effect.

Jan. 20, 1825.

7 Stat., 234.
Proclamation, Feb.
19, 1825.

Preamble.

Lands ceded to the
United States.

$6,000 to be paid to
Choctaws ann aally,
forever.

$6,000 to be paid
them annually for 16
years.

150

TREATY WITH THE CHOCTAWS, 1825.

Provision for Choc¬
taws who may desire
to remain.

A certain debt due
by Choctaws relin¬
quished.

Payment for serv¬
ices rendered in the
Pensacola campaign.

Fourth article of the
aforesaid treaty to be
modified.

Payment to satisfy
claims due by United
States.

sand dollars, annually, for sixteen years, to commence with the present
year. And the United States further stipulate and agree to take imme¬
diate measures to survey and bring into market, and sell, the fifty-four
sections of land set apart by the seventh article of the treaty aforesaid,
and apply the proceeds in the manner provided by the said article.

Article 4. It is provided by the ninth section of the treaty aforesaid,
that all those of the Choctaw Nation who have separate settlements, and
fall within the limits of the land ceded by said Nation to the United
States, and desire to remain where they now reside, shall be secured in
a tract or parcel of land, one mile square, to include their improvements.
It is, therefore, hereby agreed, that all who have reservations in con¬
formity to said stipulation, shall have power, with the consent of the
President of the United States, to sell and convey the same in fee simple.
It is further agreed, on the part of the United States, that those Choc¬
taws, not exceeding four in number, who applied for reservations, and
received the recommendation of the Commissioners, as per annexed
copy of said recommendation, shall have the privilege, and the right
is hereby given to them, to select, each of them, a portion of land, not
exceeding a mile square, any where within the limits of the cession of
1820, when the land is not occupied or disposed of by the United States;
and the right to sell and convey the same, with the consent of the
President, in fee simple, is hereby granted.

Article 5. There being a debt due by individuals of the Choctaw
Nation to the late United States’ trading house on the Tombigby, the
United States hereby agree to relinquish the same; the Delegation, on
the part of their nation, agreeing to relinquish their claim upon the
United States, to send a factor with goods to supply the wants of the
Choctaws west of the Mississippi, as provided for by the 6th article of
the treaty aforesaid.

Article 6. The Choctaw nation having a claim upon the United
States, for services rendered in the Pensacola Campaign, and for which
it is stipulated, in the 11th article of the treaty aforesaid, that payment
shall be made, but which has been delayed for want of the proper
vouchers, which it has been found, as yet, impossible to obtain; the
United States, to obviate the inconvenience of further delay, and to
render justice to the Choctaw Warriors for their services in that cam¬
paign, do hereby agree upon an equitable settlement of the same, and
fix the sum at fourteen thousand nine hundred and seventy -two dollars
fifty cents; which, from the muster rolls, and other evidence* in the
possession of the Third Auditor, appears to be about the probable
amount due, for the services aforesaid, and which sum shall be imme¬
diately paid to the Delegation, to be distributed by them to the Chiefs
and Warriors of their nation, who served in the campaign aforesaid,
as may appear to them to be just.

Article 7. It is further agreed, that the fourth article of the treaty
aforesaid, shall be so modified, as that the Congress of the United
States shall not exercise the power of apportioning the lands, for the
benefit of each family, or individual, of the Choctaw Nation, and of
bringing them under the laws of the United States, but with the con¬
sent of the Choctaw Nation.

Article 8. It appearing that the Choctaws have various claims
against citizens of the United States, for spoliations of various kinds,
but which they have not been able to support by the testimony of
white men, as they were led to believe was necessary, the United
States, in order to a final settlement of all such claims, do hereby agree
to pa}7 to the Choctaw Delegation, the sum of two thousand dollars, to
be distributed by them in such way, among the claimants, as they may
deem equitable. It being understood that this provision is not to
affect such claims as may be properly authenticated, according to the
provision of the act of 1802.

151

TEE AT Y WITH THE CHEEKS, 1825.

Article 9. It is further agreed that, immediately upon the Ratifi- An agent and black-
cation of this Treaty, or as soon thereafter as may be, an agent' shall S of the Sj
be appointed for the Choctaws West of the Mississippi, and a Black- pL
smith be settled among them, in conformity with the stipulation con¬
tained in the 6th Article of the Treaty of 1820.

Article 10. The Chief Puck-she-nubbee, one of the members of the Robert cole to re-
Delegation, having died on his journey to see the President, and ceive a medaL
Robert Cole being recommended by the Delegation as his successor, it
is hereby agreed, that the said Robert Cole shall reserve the medal
which appertains to the office of Chief, and, also, an annuity from the
L nited States, of one hundred and fifty dollars a year, during his nat¬
ural life, as was received by his predecessor.

Article 11. The friendship heretofore existing between the United atediendship perpetu’
States and the Choctaw Nation, is hereby renewed and perpetuated.

Article 12. These articles shall take effect, and become obligatory When to take effect
on the contracting parties, so soon as the same shall be ratified by the
President, by and with the advice and consent of the Senate of the
United States.

TREATY WITH THE CREEKS, 1825.

Articles of a convention , entered into and concluded at the Indian Feb- 12» 1825-
Springs, between Duncan G. Campbell , and James Meriwether , Com- 7 stat., 237,
missioners on the part of the United States of Am, erica, duly author- 7, ^6clamatlon- Mar-
wed, and the Chiefs of the Creek Nation , in Council assembled.

Whereas the said Commissioners, on the part of the United States, Preamble,
have represented to the said Creek Nation that it is the policy and
earnest wish of the General Government, that the several Indian tribes
within the limits of any of the states of the Union should remove to
territory to be designated on the west side of the Mississippi river, as
yell for the better protection and security of said tribes, and their
improvement in civilization, as for the purpose of enabling the United
States, in this instance, to comply with the compact entered into with
the State of Georgia, on the twenty-fourth day of April, in the year
one thousand eight hundred and two: And the said Commissioners
having laid the late Message of the President of the United States,
upon this subject, before a General Council of said Creek Nation,. to
the end that their removal might be effected upon terms advantageous
to both parties:

And whereas the Chiefs of the Creek Towns have assented to the
reasonableness of said proposition, and expressed a willingness to emi¬
grate beyond the Mississippi, those of Tokaubatchee excepted:

These presents therefore witness, that the contracting parties have
this day entered into the following Convention:

Art. 1. The Creek nation cede to the United States all the lands c cession by the
lying within the boundaries of the State of Georgia, as defined by the ree
compact hereinbefore cited, now occupied by said Nation, or to which
said Nation have title or claim; and also, all other lands which they
now occupy, or to which they have title or claim, lying north and west
of a line to be run from the first principal falls upon the Chatau-
hoochie river, above Cowetau town, to Ocfuskee Old Town, upon the
Tallapoosa, thence to the falls of the Coosaw river, at or near a place
called the Hickory Ground.

Art. 2. It is further agreed between the contracting parties, that Further agreement
the United States will give, in exchange for the lands hereby acquired, ing parties,
the like quantity, acre for acre, westward of the Mississippi, on the
Arkansas river, commencing at the mouth of the Canadian Fork
thereof, and running westward between said, rivers Arkansas and
Canadian Fork, for quantity. But whereas said Creek Nation have

152

TREATY WITH THE CREEKS, 1825.

Annuities to be
equally divided.

Territory offered
said Indians to be ex¬
plored, etc.

Payment of the first
sum to be made by the
commissioners.

Other payments.

Provision to be
made by United
States.

Extension of the
time of their removal,
etc.

When to take effect.

July 25, 1825.

considerable improvements within the limits of the territory hereby
ceded, and will moreover have to incur expenses in their removal, it is
further stipulated, that, for the purpose of rendering a fair equivalent
for the losses and inconveniences which said Nation will sustain by
removal, and to enable them to obtain supplies in their new settlement,
the United States agree to pay to the Nation emigrating from the
lands herein ceded, the sum of four hundred thousand dollars, of which
amount there shall be paid to said party of the second part, as soon as
practicable after the ratification of this treaty, the sum of two hundred
thousand dollars. And as soon as the said party of the second part
shall notify the Government of the United States of their readiness to
commence their removal, there shall be paid the further sum of one
hundred thousand dollars. And the first year after said emigrating
party shall have settled in their new country, they shall receive of the
amount first above named, the further sum of twenty-five thousand
dollars. And the second year, the sum of twenty -five thousand dol¬
lars. And annually, thereafter, the sum of five thousand dollars, until
the whole is paid.

Art. 3. And whereas the Creek Nation are now entitled to annuities
of thirty thousand dollars each, in consideration of cessions of territory
heretofore made, it is further stipulated that said last mentioned annui¬
ties are to be hereafter divided in a just proportion between the party
emigrating and those that may remain.

Art. 4. It is further stipulated that a deputation from the said par¬
ties of the second part, may be sent out to explore the territory herein
offered them in exchange; and if the same be not acceptable to them,
then they may select any other territory, west of the Mississippi, on
Red, Canadian, Arkansas, or Missouri Rivers— the territory occupied
by the Cherokees and Choctaws excepted; and if the territory so to be
selected shall be in the occupancy of other Indian tribes, then the
United States will extinguish the title of such occupants for the benefit
of said emigrants.

Ari\ 5. It is further stipulated, at the particular request of the said
parties of the second part, that the payment and disbursement of the
first sum herein provided for, shall be made by the present Commis¬
sioners negotiating this treaty.

Art. 6. It is further stipulated, that the payments appointed to be
made, the first and second years, after settlement in the West, shall
be either in money, merchandise, or provisions, at the option of the
emigrating party.

Art. 7. The United States agree to provide and support a black¬
smith and wheelwright for the said party of the second part, and give
them instruction in agriculture, as long, and in such manner, as the
President may think proper.

Art. 8. Whereas the said emigrating party cannot prepare for im¬
mediate removal, the United States stipulate, for their protection
against the incroachments, hostilities, and impositions, of the whites,
and of all others; but the period of removal shall not extend beyond
the first day of September, in the year eighteen hundred and twenty-six.

Art. 9. This treaty shall be obligatory on the contracting parties,
so soon as the same shall be ratified by the President of the United
States, by and with the consent of the Senate thereof.

Whereas, by a stipulation in the Treaty of the Indian Springs, in
1821, there was a reserve of land made to include the said Indian
Springs for the use of General William MTntosh, be it therefore known
to all whom it may concern, that we, the undersigned chiefs and head
men of the Creek nation, do hereby agree to relinquish all the right,
title, and control of the Creek nation to the said reserve, unto him the

153

TREAT'S WITH THE OSAGES, 1825.

said William M’lntosh and his heirs, forever, in as full and ample a
manner as we are authorized to do.

Whereas the foregoing articles of convention have been concluded Feb. 14,1825.
between the parties thereto: And, whereas, the Indian Chief, General " Additional article.
TV illiam McIntosh, claims title to the Indian Spring Reservation (upon
which there are very extensive buildings and improvements) by virtue
of a relinquishment to said McIntosh, signed in full council of the
nation: And, whereas the said General William McIntosh hath claim
to another reservation of land on the Ocmulgee river, and by his lessee
and tenant, is in possession thereof:

Now these presents further witness, that the said General William
McIntosh, and a! o the Chiefs of the Creek Nation, in council assem¬
bled, do quit claim,. convey, and cede to the United States, the reserva¬
tions aforesaid, for, and in consideration of, the sum of twenty-five
thousand dollars, to be paid at the time and in the manner as stipulated,
for the first instalment provided for in the preceding treaty. Upon
the ratification of these articles, the possession of said reservations shall
be considered as passing to the U nited States, and the accruing rents
of the present year shall pass also.

TREATY WITH THE OSAGES, 1825.

Articles of a treaty made and concluded at St. Louis , in the State of June 2, 1825.
Missouri , between William Clark, Superintendent of Indian Affairs, 7 stat., 240. |

Commissioner, on the part of the United States, and the undersigned, 3oP^5amation’ I)ec•
Chiefs , Head-Men , and Warriors, of the Great and Little Osage
Tribes of Indians, duly authorized and emp>owered by their respective
Tribes or Nations.

In order more effectually to extend to said Tribes that protection of
the Government so much desired by them, it is agreed as follows:

Article 1.

The Great and Little Osage Tribes or Nations do, hereby, cede and Os^eesssion by the
relinquish, to the United States, all their right, title, interest, and sages\
claim, to lands tying within the State of Missouri and Territory of
Arkansas, and to all lands tying West of the said State of Missouri
and Territory of Arkansas, North and West of the Red River, South
of the Kansas River, and East of a line to be drawn from the head
sources of the Kansas, Southwardly through the Rock Saline, with such
reservations, for such considerations, and upon such terms, as are
hereinafter specified, expressed, and provided for.

Article 2.

Within the limits of the country, above ceded and relinquished, there Tracts of land re¬
shall be reserved, to, and for, the Great and Little Osage Tribes or S? for said In"
Nations, aforesaid, so long as they may choose to occupy the same, the
following described tract of land: beginning at a point due East of
White Hair’s Village, and twenty-five miles W est of the W estern bound¬
ary line of the State of Missouri, fronting on a North and South line,
so as to leaye ten miles North, and forty miles South, of the point of
said beginning, and extending West, with the width of fifty miles, to
the Western boundary of the lands hereby ceded and relinquished by
said Tribes or Nations; which said reservations shall be surveyed and by

marked, at the expense of the United States, and upon which, the
Agent for said Tribes or Nations and all persons attached to said agency,

154

TREATY WITH THE OSAGES, 1825.

Annuity to Indians.

Cattle, farming
utensils, etc., to be
furnished them.

Reservations for
half-breeds.

as, also, such teachers and instructors, as the President may think proper
to authorize and permit, shall reside, and shall occupy, and cultivate,
without interruption or molestation, such lands as may be necessary
for them. And the United States do, hereby, reserve to themselves,
forever, the right of navigating, freely, all water courses and navi¬
gable streams, within or running through, the tract of country above
reserved to said Tribes or Nations.

Article 3.

In consideration of the cession and relinquishment, aforesaid, the
United States do, hereby, agree to pay to the said tribes or nations,
yearly, and every year, for twenty years, from the date of these pres¬
ents, the sum of seven thousand dollars, at their Village, or at St. Louis,
as the said tribes or nations may desire, either in money, merchandise,
provisions, or domestic animals, at their option. And whenever the
said annuity, or any part thereof, shall be paid in merchandise, the
same is to be delivered to them at the first cost of the goods at St.
Louis, free of transportation.

Article 4.

The United States shall, immediately, upon the ratification of this
convention, or as soon thereafter as may be, cause to be furnished to
the tribes or nations, aforesaid, six hundred head of cattle, six hun¬
dred hogs, one thousand domestic fowls, ten yoke of oxen, and six
carts, with such farming utensils as the Superintendent of Indian
Affairs may think necessary, and shall employ such persons, to aid
them in their agricultural pursuits, as to the President of the United
may seem expedient, and shall, also, provide, furnish, and support
for them, one blacksmith, that their farming utensils, tools, and arms,
may be seasonably repaired; and shall build, for each of the four
principal chiefs, at their respective villages, a comfortable and com¬
modious dwelling house.

Article 5.

From the above lands ceded and relinquished, the following reserva¬
tions, for the use of the half-breeds, hereafter named, shall be made,
to wit: One section, or six hundred and forty acres, for Augustus Cler¬
mont, to be located and laid off so as to include Joseph Rivar’s resi¬
dence, on the East side of the Neosho, a short distance above the Grand
Saline, and not nearer than within one mile thereof; one section for
each of the following half-breeds: James, Paul, Henry, Rosalie,
Anthony, and Amelia, the daughter of She-me-hunga, and Amelia,
the daughter of Mi-hun-ga, to be located two miles below the Grand
Saline, and extending down the Neosho, on the East side thereof; and
one section for Noel Mongrain, the son of Wa-taw-nagres, and for
each of his ten children, Baptiste, Noel, Francis, Joseph, Mongrain,
Louis, Victoria, Sophia, Julia, and Juliet: and the like quantity for
each of the following named grand-children, of the said Noel Mon¬
grain, to wit: Charles, Francis, Louisson, and Wash, to commence on
the Marias des Cygnes, where the Western boundary line of the State
of Missouri crosses it at the fork of Mine river, and to extend up
Mine river, for quantity: one section for Mary Williams, and one for
Sarah Williams, to be located on the North side of the Marias des
Cygnet, at the Double Creek, above Harmony; one section, for Francis
T. Chardon; one section, for Francis C. Tayon; one section, for James
G. Chouteau; one section, for Alexander Chouteau; one section, for
Pelagie Antaya; one section, for Celeste Antaya; one section, for
Joseph Antaya; one section, for Baptiste St. Mitchelle, jr. ; one sec¬
tion, for Louis St. Mitchelle; one section, for Victoria St. Mitchelle;
one section, for Julia St. Mitchelle; one section, for Francis St. Mit-

TREATY WITH THE OSAGES, 1825.

155

chelle; one section, for Joseph Perra; one section, for Susan Larine;
one section, for Marguerite Reneau; one section, for Thomas L. Balio;
and one section, for Teresa, the daughter of Paul Louise; which said
several tracts are to be located on the North side of the Marias des
Cygnes, extending up the river, above the reservations in favor of
Mary and Sarah Williams, in the order in which they are herein above
named.

Article 6.

And also fifty -four other tracts, of a mile square each, to be laid off
under the direction of the President of the United States, and sold, for
the purpose of raising a fund to be applied to the support of schools,
for the education of the Osage children, in such manner as the Presi¬
dent may deem most advisable to the attainment of that end.

Article 7.

Forasmuch as there is a debt due, from sundry individuals of the
Osage tribes or nations, to the United States’ trading houses, of the
Missouri and Osage rivers, amounting in the whole, to about the sum
of four thousand one hundred and five dollars and eighty cents, which
the United States do hereby agree to release; in consideration thereof,
the said tribes or nations do, hereby, release and relinquish their claim
upon the United States, for regular troops to be stationed, for their pro¬
tection, in garrison, at Fort Clark, and, also, for furnishing of a black¬
smith, at that place, and the delivery of merchandise, at Fire Prairie,
as is provided for in the first, third, and fifth, articles of the Treaty,
concluded on the tenth day of November, one thousand eight hundred
and eight.

Article 8.

It appearing that the Delaware nation have various claims against
the Osages, which the latter have not had it in their power to adjust,
and the United States being desirous to settle, finally and satisfactorily,
all demands and differences between the Delawares and Osages, do
hereby agree to pay to the Delawares, in full satisfaction of all their
claims and demands against the Osages, the sum of one thousand dollars.

Article 9.

With a view to quiet the animosities, which at present exist between
a portion of the citizens of Missouri and Arkansas and the Osage tribes,
in consequence of the lawless depredations of the latter, the United
States do, furthermore, agree to pay, to their own citizens, the full
value of such property, as they can legally prove to have been stolen
or destroyed, by the Osages, since the year eighteen hundred and eight,
and for which payment has not been made under former treaties: Pro¬
vided j The sum to be paid by the United States does not exceed the
sum of five thousand dollars.

Article 10.

It is furthermore agreed on, by and between the parties to these
presents, that there shall be reserved two sections of land, to include
the Harmony Missionary establishment, and their mill, on the Marias
des Cygne; and one section, to include the Missionary establishment,
above the Lick on the West side of Grand river, to be disposed of as
the President of the United States shall direct, for the benefit of said
Missions, and to establish them at the principal villages of the Great
and Little Osage Nations, within the limits of the country reserved to
them by this Treaty, and to be kept up at said villages, so long as said
Missions shall be usefully employed in teaching, civilizing, and
improving, the said Indians.

Land to be sold for
certain purposes.

Debts due by said
tribes to United States
trading houses, re¬
leased.

Claims of the Dela¬
wares against said
tribes to be settled by
United States.

Animosities of citi¬
zens of Missouri, etc.,
to be quieted.

Land reserved to
be disposed of as the
President may direct.

156 TREATY WITH THE KANSAS, 1825.

Article 11.

trStvofFortcfark to Preserve an(l perpetuate the friendship now happily subsisting
be infuii force. ar t0 between the United States and the said tribes or nations, it is hereby
agreed, that the provisions contained in the ninth article of the Treaty
concluded and signed at fort Clark, on the tenth day of November, one
thousand eight hundred and eight, between the United States and the
said tribes or nations, shall, in every respect, be considered as in full
force and applicable to the provisions of this Treaty, and that the
United States shall take and receive, into their friendship and protec¬
tion, the aforesaid tribes or nations, and shall guaranty to them, for¬
ever, the right to navigate, freely, all water-courses, or navigable
streams, within the tract of country hereby ceded, upon such terms as
the same are or may be navigated b\r the citizens of the United States.

Article 12.

Merchandise to be It is further agreed, that there shall be delivered as soon as may be,
e were to n ans. af^er ^ exeeution of this treaty, at the Osage villages, merchandise
to the amount of four thousand dollars, first cost, in St. Louis, and
two thousand dollars in merchandise, before their departure from this
place; and horses and equipage, to the value of twenty-six hundred
dollars; which, together with the sum of one hundred dollars, to be
paid to Paul Loise, and the like sum to Baptiste Mongrain, in money,
shall be in addition to the provisions and stipulations hereby above
contained, in full satisfaction of the cession, hereinbefore agreed on.

Article 13.

Amount due a. p Whereas the Great and Little Osage tribes or nations are indebted
to be in part paid by to Augustus P. Chouteau, Paul Balio, and William S. Williams, to a
the united states. large amount, for credits given to them, which they are unable to pay,
and have particularly requested to have paid, or provided for, in the
present negotiation; it is, therefore, agreed on, by and between the
parties to these presents, that the United States shall pay to Augustus
P. Chouteau, one thousand dollars; to Paul Balio, two hundred and
fifty dollars, and to William S. Williams two hundred and fifty dol¬
lars, towards the liquidation of their respective debts due from the
said tribes or nations.

Article Id.

tory when°rat1fiediga" These articles shall take effect, and become obligatory on the con¬
tracting parties, so soon as the same shall be ratified by the President,
by and with the advice and consent of the Senate of the United States.

TREATY WITH THE KANSAS, 1825.

June 3, 1825. Articles of a treaty made and concluded at the City of Saint Louis , in

Proclamation Dec State of Missouri , between William Clark , Superintendent of

30, i825ama 10n’ ec' Indian affairs, Commissioner on the part of the United States of
America , and the undersigned Chiefs , Head Men, and Warriors
of the Kansas Nation of Indians , duly authorized and empowered
by said Nation.

Article 1.

s cession by the Kan- The Kansas do hereby cede to the United States all the lands lying
within the State of Missouri, to which the said nation have title or
claim; and do further cede and relinquish, to the said United States,
all other lands which they now occupy, or to which they have title or
claim, lying West of the said State of Missouri, and within the follow¬
ing boundaries: beginning at the entrance of the Kansas river into the

TREATY WITH THE KANSAS, 1825.

157

Missouri river; from thence North to the North-West corner of the
State of Missouri; from thence Westwardly to the Nodewa river,
thirty miles from its entrance into the Missouri; from thence to the
entrance of the big Nemahaw river into the Missouri, and with that
river to its source; from thence to the source of the Kansas river,
leaving the old village of the Pania Republic to the West; from thence,
on the ridge dividing the waters of the Kansas river from those of the
Arkansas, to the Western boundary of the State line of Missouri, and
with that line, thirty miles, to the place of beginning.

Article 2.

From the cession aforesaid, the following reservation for the use of
the Kansas nation of Indians shall be made, of a tract of land, to begin
twenty leagues up the Kansas river, and to include their village on that
river; extending West thirty miles in width, through the lands ceded
in the first Article, to be surveyed and marked under the direction of
the President, and to such extent as he may deem necessary, and at the
expense of the United States. The agents for the Kansas, and the per¬
sons attached to the agency, and such teachers and instructors as the
President shall authorize to reside near the Kansas, shall occupy, dur¬
ing his pleasure, such lands as maiT be necessary for them within this
reservation.

Article 3.

In consideration of the cession of land and relinquishments of claims,
made in the first Articles, the United States agree to pay to the Kansas
nation of Indians, three thousand five hundred dollars per annum, for
twenty successive 37ears, at their villages, or at the entrance of the
Kansas river, either in money, merchandise, provisions, or domestic
animals, at the option of the aforesaid Nation; and when the said
annuities, or any part thereof, is paid in merchandise, it shall be
delivered to them at the first cost of the goods in Saint Louis, free of
transportation.

Article 4.

The United States, immediately upon the ratification of this conven¬
tion, or as soon thereafter as may be, shall cause to be furnished to
the Kansas Nation, three hundred head of cattle, three hundred hogs,
five hundred domestic fowls, three yoke of oxen, and two carts, with
.such implements of agriculture as the Superintendant of Indian Affairs
may think necessary; and shall employ such persons to aid and instruct
them in their agriculture, as the President of the United States may
deem expedient; and shall provide and support a blacksmith for them.

v Article 5.

Out of the lands herein ceded by the Kanzas Nation to the United
States, the Commissioner aforesaid, in behalf of the said United States,
doth further covenant and agree, that thirty -six sections of good lands,
on the Big Blue river, shall be laid out under the direction of the Pres¬
ident of the United States, and sold for the purpose of raising a fund,
to be applied, under the direction of the President, to the support of
schools for the education of the Kanzas children, within their Nation.

Article 6.

From the lands above ceded to the United States, there shall be made
the following reservations, of one mile square, for each of the half
breeds of the Kanzas nation, viz: For Adel and Clement, the two chil¬
dren of Clement; for Josette, Julie, Pelagie, and Victoire, the four

Reservation for the
use of the Kansas,

Pay ment to them for
their cession.

Cattle, hogs, etc., to
be furnished byUnited
States.

Land to be sold for
support of schools.

Reservations for the
use of half-breeds.

158

TREATY WITH THE KANSAS, 1825.

children of Louis Gonvil; for Marie and Lafleche, the two children of
Baptiste of Gonvil; for Laventure, the son of Francis La venture; for
Elizabeth and Pierre Carbonau, the children of Pierre Brisa; for Louis
Joncas; for Basil Joncas; for James Joncas; for Elizabeth Datche-
rute, daughter of Baptiste Datcherute; for Joseph Butler; for William
Rodgers; for Joseph Cote; for the four children of Cicili Compare,
each one mile square; and one for Joseph James, to be located on the
North side of the Kanzas river, in the order above named, commencing
at the line of the Kanzas reservation, and extending down the Kanzas
river for quantity.

Article 7.

maPby^the ^united With the view of quieting all animosities which may at present exist
states for certain pur- between apart of the white citizens of Missouri and the Kanzas nation,
in consequeuce of the lawless depredations of the latter, the United
States do further agree to pay to their own citizens, the full value of
such property as they can legally prove to have been stolen or destroyed
since the year 1815: Provided, The sum so to be paid by Jhe United
States shall not exceed the sum of three thousand dollars.

Article 8.

*cimeauent t0 F‘ G' whereas the Kanzas are indebted to Francis G. Choteau, for

credits given them in trade, which they are unable to pay, and which
they have particularly requested to have included and settled in the
present Treaty; it is, therefore, agreed on, by and between the parties
to these presents, that the sum of five hundred dollars, towards the
liquidation of said debt, shall be paid by the United States to the said
Francois G. Choteau.

Article 9.

amotmfof $2*000 to be There shall be selected at this place such merchandise as may be

delivered at the Kan- desired, amounting to two thousand dollars, to be delivered at the Kan¬
zas river, with as little delay as possible; and there shall be paid to the
deputation now here, two thousand dollars in merchandise and horses,
the receipt of which is hereby acknowledged; which, together with
the amount agreed on in the 3d and 4th articles, and the provisions
made in the other articles of this Treaty, shall be considered as a full
compensation for the cession herein made.

Article 10.

feSshment °f °f' Lest the friendship which is now established between the United
States and the said Indian Nation should be interrupted by the miscon¬
duct of Individuals, it is hereby agreed, that for injuries done by indi¬
viduals, no private revenge or retaliation shall take place, but instead
thereof, complaints shall be made by the party injured, to the other
by the said nation, to the Superintendent, or other person appointed
by the President to the Chiefs of said nation. And it shall be the duty
of the said Chiefs, upon complaints being made as aforesaid, to deliver
up the person or persons against whom the complaint is made, to the
end that he or they may be punished, agreeably to the laws of the State
or Territory where the offence may have been committed; and in like
manner, if any robbery, violence, or murder, shall be committed on
any Indian or Indians belonging to said nation, the person or persons
so offending shall be tried, and, if found guilty, shall be punished in
selves to recover stolen like manner as if the injury had been done to a white man. And it is
property, etc. agreed, that the Chiefs of the Kanzas shall, to the utmost of their

power, exert themselves to recover horses or other property which
may be stolen from any citizen or citizens of the United States, by any

159

TREATY WITH THE PONCAR TRIBE, 1825.

individual or individuals of the Nation; and the property so recovered
shall be forthwith delivered to the Superintendent, or other person
authorized to receive it, that it may be restored to its proper owner-
and in cases where the exertions of the Chiefs shall be ineffectual in
recovering the property stolen as aforesaid, if sufficient proof can be
adduced that such property was actually stolen, by any Indian or
Indians belonging to the said nation, the Superintendent or other offi¬
cer may deduct from the annuity of the said nation a sum equal to the
value of the property which has been stolen. And the United States
hereby guarantee, to any Indian or Indians, a full indemnification for
any horses, or other property which may be stolen from them by any
of their citizens: Provided, That the property so stolen cannot be Proviso,
recoveied, and that sufficient proof is produced that it was actually
stolen by a citizen of the United States. And the said Nation of Kan-
zas engage, on the requisition or demand of the President of the
United States, or of the Superintendent, to deliver up any white man
resident amongst them.

Article 11.

It is further agreed on, by and between the parties to these presents . United states to en-
that the United States shall forever enjoy the right to navigate freely igltmg6 tf1? waTeVr
all water courses or navigable streams withiq the limits of the tract of courses>etc-
country herein reserved to the Kanzas Nation; and that the said Kan-
zas Nation shall never sell, relinquish, or in any manner dispose of the
lands herein reserved, to any other nation, person or persons whatever,
without the permission of the United States for that purpose first had
and obtained. And shall ever remain under the protection of the
United States, and in friendship with them.

Article 12.

This Treaty shall take effect, and be obligatory on the contracting treaty b,indin?
parties, as soon as the same shall be ratified by the President, by and w en ra e •
with the consent and advice of the Senate of the United States.

TREATY WITH THE PONCAR TRIBE, 1825. June 9, 1825.

. 7 Stat., 247. ~

I or the purposes of perpetuating the friendship which has hereto- 6 Proclamation, Feb.
fore existed, as also to remove all future cause of discussion or dissen- ’ 26
sion, as it respects trade and friendship between the United States and
their citizens, and the Poncar tribe of Indians, the President of the
United States of America, by Brigadier General Henry Atkinson, of
the United States’ Army, and Major Benjamin O’Fallon, Indian Agent,
with full powers and authority, specially appointed and commissioned
for that purpose of the one part, and the undersigned Chiefs, Head¬
men, and Warriors, of the Poncar tribe of Indians, on behalf of said
tribe, of the other part, have made and entered into the following
articles and conditions, which, when ratified by the President of the
United States, by and with the advice and consent of th« Senate, shall
be binding on both parties — to wit:

Article 1.

It is admitted by the Poncar tribe of Indians, that they reside within unitVde“tates ac-
the territorial limits of the United States, acknowledge their suprem- knowledge*!,
acy , and claim their protection. The said tribe also admit the right of
the United States to regulate all trade and intercourse with them.

160

United States will
take the Poncars un¬
der their protection.

Trade, etc., to be
transacted at such
places . as the Presi¬
dent may designate.

Regulation of trade
among the Indians.

Course to be pursued
in order to prevent in¬
juries by individuals.

Chiefs to exert
themselves to recover
stolen property.

TREATY WITH THE PONCAR TRIBE, 1825.

Article 2.

The United States agree to receive the Poncar tribe of Indians into
their friendship, and under their protection, and to extend to them,
from time to time, such benefits and acts of kindness as may be conven¬
ient, and seem just and proper to the President of the United States.

Article 3.

All trade and intercourse with the Poncar tribe shall be transacted
at such place or places as may be designated and pointed out by the
President of the United States, through his agents; and none but
American citizens, duly authorized by the United States, shall be
admitted to trade or hold intercourse with said tribe of Indians.

Article 4.

That the Poncar tribe may be accommodated with such articles of
merchandise, &c. as their necessities may demand, the United States
agree to admit and license traders to hold intercourse with said tribe,
under mild and equitable regulations: in consideration of which, the
Poncar tribe bind themselves to extend protection to the persons and
the property of the traders, and the persons legally employed under
them, whilst they remain within the limits of the Poncar district of
country. And the said Poncar tribe further agree, that if any for¬
eigner, or other person not legally authorized by the United States,
shall come into their district of country, for the purposes of trade or
other views, they will apprehend such person or persons, and deliver
him or them to some United States’ superintendent, or agent of Indian
Affairs, or to the Commandant of the nearest military post, to be dealt
with according to law. And they further agree to give safe conduct
to all persons who may be legally authorized by the United States to
pass through their country; and to protect, in their persons and prop¬
erty, all agents or other persons sent by the United States to reside
temporarily among them.

Article 5.

That the friendship which is now established between the United
States and the Poncar tribe should not be interrupted by the miscon¬
duct of individuals, it is hereby agreed, that for injuries done by indi¬
viduals, no private revenge or retaliation shall take place, but instead
thereof, complaints shall be made, by the party injured, to the super¬
intendent or agent of Indian affairs, or other person appointed by the
President; and it shall be the duty of the said Chiefs, upon complaint
being made as aforesaid, to deliver up the person or persons against
whom the complaint is made, to the end that he or they may be pun¬
ished agreeably to the laws of the United States. And, in like manner,
if any robbery, violence, or murder, shall be committed on any Indian
or Indians belonging to said tribe, the person or persons so offending
shall be tried, and if found guilt\^ shall be punished in like manner as
if the injury had been done to a white man. And it is agreed, that the
Chiefs of said Poncar tribe shall, to the utmost of their power, exert
themselves to recover horses or other property, which may be stolen
or taken from any citizen or citizens of the United States, by any indi¬
vidual or individuals of said tribe; and the property so recovered shall
be forthwith delivered to the agents or other person authorized to receive
it, that it may be restored to tne proper owner. And the United States
hereby guaranty to any Indian or Indians of said tribe, a full indemni¬
fication for any horses or other property which may be stolen from
them by any of their citizens: Provided , That the property so stolen

Proviso.

TREATY WITH TETON, ETC., SIOUX, 1825.

161

cannot be recovered, and that sufficient proof is produced that it was
actually stolen by a citizen of the United States. And the said Poncar
tribe engage, on the requisition or demand of the President of the
United States, or of the agents, to deliver up any white man resident
among them.

Article 6.

And the Chiefs and Warriors, as aforesaid, promise and engage, that No. f^sV>etCh to be
their tribe will never, by sale, exchange, or as presents, supply any 2ySS£n,
nation or tribe of Indians, not in amity with the United States, with the Unlted
guns, ammunition, or other implements of war.

TREATY WITH TETON, ETC., SIOUX, 1825.

Treaty with the Teton, Yaneton , and Yanctonies bands of the Sioux June 22,1825.

tribe of Indians. 7 stat., 250.

Proclamation, Feb.

For the purposes of perpetuating the friendship which has heretofore
existed, as also to remove all future cause of discussion or dissension,
as it respects trade and friendship between the United States and their
citizens, and the Teton, Yaneton, and Yanctonies bands of the Sioux
tribe of Indians, the President of the United States of America, by
Brigadier-General Henry Atkinson, of the United States’ army, and
Major Benjamin O’Fallon, Indian Agent, with full powers and author¬
ity, specially appointed and commissioned for that purpose of the one
part, and the undersigned Chiefs, head men and Warriors of the Teton,

Yaneton, and Yanctonies bands of the Sioux tribe of Indians, on behalf
of said bands or tribe of the other part, have made and entered into
the following Articles and Conditions; which, when ratified by the
President of the United States, by and with the advice and consent of
the Senate; shall be binding on both parties — to wit:

Article 1.

It is admitted by the Teton, Yaneton and Yanctonies bands of Sioux c+s„t?Jen^nwiAH^
Indians, that they reside within the territorial limits of the United g

States, acknowledge their supremacy, and claim their protection. The
said bands also admit the right of the United States to regulate all
trade and intercourse with them.

Article 2.

The United States agree to receive the said Teton, Yaneton, and states^extende^to
Yanctonies bands of Sioux Indians into their friendship, and under them,
their protection, and to extend to them, from time to time, such bene¬
fits and acts of kindness as may be convenient, and seem just and
proper to the President of the United States.

Article 3.

All trade and intercourse with the Teton, Yaneton, and Yanctonies bep^aecsf i£teabdethe
bands shall be transacted at such place or places as may be designated president.4 e *
and pointed out by the President of the United States, through his
agents; and none but American citizens, duly authorized by the United
States, shall be admitted to trade or hold intercourse with said bands
of Indians.

S. Doc. 452 - 11

162

Regulation of trade
with Indians.

Course to be pursued
in order to prevent in¬
juries by individuals,
etc.

Chiefs to exert
themselves to recover
stolen property.

Proviso.

No arms to he fur¬
nished by Indians to
persons not in amity
with United States.

TREATY WITH TETOH, ETC., SIOUX, 1825.

Article 4.

That the Teton, Yancton, and Yanctonies bands may be accommo¬
dated with such articles of merchandise, &c. as their necessities may
demand, the United States agree to admit and license traders to hold
intercourse with said tribes or bands, under mild and equitable
regulations: in consideration of which, the Teton, Yancton, and Yanc¬
tonies bands bind themselves to extend protection to the persons and
the property of the traders, and the persons legally employed under
them, whilst they remain within the limits of their particular district
of country. And the said Teton, Yancton, and Yanctonies bands fur¬
ther agree, that if any foreigner or other person, not legally authorized
by the United States, shall come into their district of country, for the
purposes of trade or other views, they will apprehend such person or
persons, and deliver him or them to some United States’ superintend¬
ent, or agent of Indian Affairs, or to the nearest military post, to be
dealt with according to law. — And they further agree to give safe con¬
duct to all persons who may be legally authorized by the United States
to pass through their country: and to protect, in their persons and
property, all agents or other persons sent by the United States to
reside temporarily among them.

Article 5.

That the friendship which is now established between the United
States and the Teton, Yancton, and Yanctonies bands should not be
interrupted by the misconduct of individuals, it is hereby agreed, that
for injuries done by individuals, no private revenge or retaliation shall
take place, but instead thereof, complaints shall be made, by the party
injured, to the superintendent or agent of Indian affairs, or other per&on
appointed by the President; and it shall be the duty of the said Chiefs,
upon complaint being made as aforesaid, to deliver up the person or
persons against whom the complaint is made, to the end that he or they
may be punished agreeably to the laws of the United States. And, in
like manner, if any robbery, violence, or murder, shall be committed
on any Indian or Indians belonging to said bands, the person or persons
so offending shall be tried, ana if found guilty, shall be punished in
like manner as if the injury had been done to a white man. And it is
agreed, that the chiefs of the said Teton, Yancton, and Yanctonies
bands shall, to the utmost of their power, exert themselves to recover
horses or other property, which may be stolen or taken from any citizen
or citizens of the United States by any individual or individuals of said
bands; and the property so recovered shall be forthwith delivered to the
agents, or other person authorized to receive it, that it may be restored
to the proper owner. And the United States hereby guaranty to any
Indian or Indians of said bands, a full indemnification for any horses or
other property which may be stolen from them by any of their citizens:
Provided , That the property so stolen cannot be recovered, and that
sufficient proof is produced that it was actually stolen by a citizen of
the United States. And the said Teton, Yancton, and Yanctonies
bands engage, on the requisition or demand of the President of the
United States, or of the agents, to deliver up any white man resident
among them.

Article 6.

And the Chiefs and Warriors, as aforesaid, promise and engage, their
band or tribe will never, by sale, exchange, or as presents, supply any
nation or tribe of Indians, not in amity with the United States, with
guns, ammunition, or other implements of war.

TREATY WITH THE SIOUNE AND OGALLALA TRIBES, 1825.

For the purpose of perpetuating the friendship which has heretofore
existed, as also to remove all future cause of discussion or dissension,
as it respects trade and friendship between the United States and their
citizens, and the. Sioune and Ogallala bands of the Sioux tribe of
Indians, the President of the United States of America, by Brigadier-
General Henry Atkinson, of the United States’ Army, and Major Ben¬
jamin O’Fallon, Indian Agent, with full powers and authority, specially
appointed and commissioned for that purpose, of the one part, and
the undersigned Chiefs, Head-men, and Warriors, of the said Sioune
and Ogallala bands of Sioux Indians, on behalf of their bands, of the
other part, have made and entered into the following articles and con¬
ditions, which, when ratified by the President of the United States,
by and with the advice and consent of the Senate, shall be binding on
both parties, — to wit:

Article 1.

It is admitted by the Sioune and Ogallala bands of Sioux Indians,
that they reside within the territorial limits of the United States,
acknowledge their supremacy, and claim their protection. The said
bands also admit the right of the United States to regulate all trade
and intercourse with them.

Article 2.

The U nited States agree to receive the Sioune and Ogallala bands of
Sioux into their friendship, and under their protection, and to extend
to them, from time to time, such benefits and acts of kindness as may be
convenient, and seem just and proper to the President of the United
States.

Article 3.

All trade and intercourse with the Sioune and Ogallala bands shall
be transacted at such place or places as may be designated and pointed
out by the President of the United States, through his agents; and none
but American citizens, duly authorized by the United States, shall be
admitted to trade or hold intercourse with said bands of Indians.

Article 4.

That the Sioune and Ogallala bands may be accommodated with such
articles of merchandise, &c. as their necessities may demand, the
United States agree to admit and license traders to hold intercourse
with said bands, under mild and equitable regulations: in consideration
of which, the Sioune and Ogallala bands bind themselves to extend pro¬
tection to the persons and the property of the traders, and the persons
legally employed under them, whilst they remain within the limits of
their particular district of county. And the said Sioune and Ogallala
bands further agree, that if any foreigner or other persons, not legally
authorized by the United States, shall come into their district of
country, for the purposes of trade or other views, they will apprehend
such person or persons, and deliver him or them to some United States’
superintendent, or agent of Indian affairs, or to the commandant of the
nearest military post, to be dealt with according to law. — And they
further agree to give safe conduct to all persons who may be legally
authorized by the United States to pass through their country; and to
protect, in their persons and property, all agents or other persons sent
by the United States to reside temporarily among them; nor will they,
whilst on their distant excursions, molest or interrupt any American
citizen or citizens who may be passing from the United States to New
Mexico, or returning from thence to the United States.

163

July 5, 1825.

7 Stat., 252.
Proclamation, Feb.
6, 1826.

Supremacy of United
States acknowledged.

United States re¬
ceive them under
their protection.

Places for trade to
be designated by the
President.

Regulation of trade
among the Indians.

164 TREATY WITH THE CHEYENNE TRIBE, 1825.

Article 5.

suedUfneoSerbto pre- That the friendship, which is now established between the United
vent injuries byindi- States and the Sioune and Ogallala bands should not be interrupted by
the misconduct of individuals, it is hereby agreed, that for injuries
done by individuals, no private revenge or retaliation shall take place,
but instead thereof, complaints shall be made, by the injured party, to
the superintendent or agent of Indian affairs, or other person appointed
by the President; and it shall be the duty of said Chiefs, upon complaint
being made as aforesaid, to deliver up the person or persons, against
whom the complaint is made, to the end that he or they may be punished
agreeably to the laws of the United States. And, in like manner, if
any robbery , violence or murder, shall be committed on any Indian or
In dians belonging to the said bands, the person or persons so offending
shall be tried, and if found guilty shall be punished in like manner as
themselves to rl?oveJ ^ injury had been done to a white man. And it is agreed, that the
stolen property. chiefs of said Sioune and Ogallala bands shall, to the utmost of their
power, exert themselves to recover horses or other property, which
may be stolen or taken from any citizen or citizens of the United States,
by any individual or individuals of said bands; and the property so
recovered shall be forthwith delivered to the agents or other person
authorized to receive it, that it may be restored to the proper owner.
And the United States hereby guaranty to any Indian or Indians of said
bands, a full idemnification for any horses or other property which may
be stolen from them by any of their citizens: Provided , The property
stolen cannot be recovered, and that sufficient proof is produced that it
was actually stolen by a citizen of the United States. And the said
Sioune and Ogallala bands engage, on the requisition or demand of the
President of the United States, or of the agents, to deliver up any
white man resident among them.

Article 6.

,, ^nj| the Chiefs and Warriors as aforesaid, promise and engage,
any tribe, etc., hostile tnat their bands will never, by sale, exchange, or as presents, supply
to United states. any nation, tribe, or band of Indians, not in amity with the United
States, with guns, ammunition, or other implements of war.

TREATY WITH THE CHEYENNE TRIBE, 1825.

July 6, 1826. For the Purpose of perpetuating the friendship which has hereto-
” 7 stat., 255. fore existed, as also to remove all future cause of discussion or dissen-

6 Sclamation’ Feb- sion, as it respects trade and friendship between the United States and
their citizens, and the Chayenne tribe of Indians, the President of the
United States of America, by Brigadier-General Henry Atkinson, of
the United States’ army, and Major Benjamin O’Fallon, Indian agent,
with full powers and authority, specially appointed and commissioned
for that purpose of the one part, and the undersigned Chiefs, Head¬
men and Warriors, of the Chayenne tribe of Indians, on behalf of said
tribe, of the other part, have made and entered into the following
Articles and Conditions; which, when ratified by the President of the
United States, by and with the advice and consent of the Senate, shall
be binding on both parties — to wit:

Article 1.

TjS.upremucy of It is admitted by the Chayenne tribe of Indians, that they reside
knowiedgedates ac' within the territorial limits of the United States, acknowledge their
supremacy, and claim their protection, — The said tribe also admit the
right of the United States to regulate all trade and intercourse with
them.

TREATY WITH THE CHEYENNE TRIBE, 1825.

Article 2.

The United States agree to receive the Chayenne tribe of Indians
into their friendship, and under their protection, and to extend to
them, from time to time, such benefits and acts of kindness as may be
convenient, and seem just and proper to the President of the United
States.

Article 3.

All trade and intercourse with the Chayenne tribe shall be transacted
at such place or places as may be designated and pointed out by the
President of the United States, through his agents; and none but
American citizens, duly authorized by the United States, shall be
admitted to trade or hold intercourse with said tribe of Indians.

Article 4.

That the Chayenne tribe may be accommodated with such articles of
merchandise, &c. as their necessities may demand, the United States
agree to admit and license traders to hold intercourse with said tribe,
under mild and equitable regulations: in consideration of which, the
Chayenne tribe bind themselves to extend protection to the persons
and the property of the traders, and the persons legally employed
under them, whilst they remain within the limits of their particular
district of country. And the said Chayenne tribe further agree, that
if any foreigner or other person, not legally authorized by the United
States, shall come into their district of country, for the purposes of
trade or other views, they will apprehend such person or persons, and
deliver him or them to some United States’ superintendent or agent of
Indian Affairs, or to the commandant of the nearest military post, to
be dealt with according to law. And they further agree to give safe
conduct to all persons who may be legally authorized by the United
States to pass through their country, and to protect in their persons
and property all agents or other persons sent by the United States to
reside temporarily among them; nor will they, whilst on their distant
excursions, molest or interrupt any American citizen or citizens, who
may be passing from the United States to New Mexico, or returning
from thence to the United States.

Article 5.

That the friendship which is now established between the United
States and the Chayenne tribe, should not be interrupted by the mis¬
conduct of individuals, it is hereby agreed, that for injuries done by
individuals, no private revenge or retaliation shall take place, but
instead thereof, complaints shall be made, by the party injured, to the
superintendent or agent of Indian affairs, or other person appointed
by the President; and it shall be the duty of the said chiefs, upon
complaint being made as aforesaid, to deliver up the person or per¬
sons against whom the complaint is made, to the end that he or they
may be punished, agreeably to the laws of the United States. And,
in like manner, if an}^ robbery, violence, or murder, shall be committed
on any Indian or Indians belonging to said tribe, the person or persons
so offending shall be tried, and, if found guilty, shall be punished in
like manner as if the injury had been done to a white man. And it is
agreed, that the Chiefs of said Chayenne tribe shall, to the utmost of
their power, exert themselves to recover horses or other property,
which may be stolen or taken from any citizen or citizens of the
United States, by any individual or individuals of said tribe; and the
property so recovered shall be forthwith delivered to the agents or
other person authorized to receive it, that it may be restored to the

165

United States re¬
ceive them under
their protection.

Places for trade to
be designated by the
President.

Regulation of trade.

Course to be pur¬
sued in order to pre¬
vent injuries by indi¬
viduals, etc.

Chiefs to exert
themselves to recover
stolen property.

166

TREATY WITH THE HUNKPAPAS BAND OF THE SIOUX TRIBE, 1825.

No guns, etc., to be
furnished to any tribe
hostile to United
States.

July 16, 1825.

7 Stat., 257.
Proclamation, Feb.
6, 1826.

Supremacy of
United States ac¬
knowledged.

United States re¬
ceive them under
their protection.

Places for trade to
be designated by the
President.

Regulation of trade.

proper owner. And the United States hereby guarranty to any Indian
or Indians of said tribe, a full indemnification for any horses or other
property which maybe stolen from them by any of their citizens:
Provided , That the property so stolen cannot be recovered, and that
sufficient proof is produced that it was actully stolen by a citizen of
the United States. And the said Chayenne tribe engage, on the
requisition or demand of the President of the United States, or of
the agents, to deliver up any white man resident among them.

Article 6.

And the Chiefs and Warriors, as aforesaid, promise and engage
that their tribe will never, by sale, exchange, or as presents, supply
any nation or tribe of Indians, not in amity with the United States,
with guns, ammunition, or other implements of war.

TREATY WITH THE HUNKPAPAS BAND OF THE SIOUX TRIBE,
1825.

For the purpose of perpetuating the friendship which has heretofore
existed, as also to remove all future cause of discussion or dissension,
as it respects trade and friendship between the United States and their
citizens, and the Hunkpapas band of the Sioux tribe of Indians, the
President of the United States of America, by Brigadier-General Henry
Atkinson, of the United States Army, and Major Benjamin O’Fallon,
Indian agent, with full powers and authority, specially appointed and
commissioned for that purpose, of the one part, and the undersigned
Chiefs, Headmen, and Warriors of the said Hunkpapas band of Sioux
Indians, on behalf of their band, of the other part, have made and
entered into the following Articles and Conditions; which, when ratified
by the President of the United States, by and with the advice and con¬
sent of the Senate, shall be binding on both parties, to wit:

Article 1.

It is admitted by the Hunkpapas band of Sioux Indians that they
reside within the territorial limits of the United States, acknowledge
their supremacy, and claim their protection. The said band also admit
the right of the United States to regulate all trade and intercourse
with them.

Article 2.

The United States agree to receive the Hunkpapas band of Sioux
into their friendship, and under their protection, and to extend to them,
from time to time, such benefits and acts of kindness as may be con¬
venient, and seem just and proper to the President of the United States.

Article 3.

All trade and intercourse with the Hunkpapas band shall be trans¬
acted at such place or places as may be designated and pointed out by
the President of the United States, through his agents; and none but
American citizens, duly authorized by the United States, shall be
admitted to trade or hold intercourse with said band of Indians.

Article 4.

That the Hunkpapas band may be accommodated with such articles
of merchandise, &c., as their necessaties may demand, the United States
agree to admit and license traders to hold* intercourse with said band
under mild and equitable regulations: in consideration of which, the

TREATY WITH THE RIOARA TRIBE, 1825.

167

Hunkpapas band bind themselves to extend protection to the persons
and the property of the traders, and the persons legally employed under
them, whilst they remain within the limits of their particular district
of country. And the said Hunkpapas band further agree, that if any
foreigner, or other person not legally authorized by the United States,
shall come into their district of country, for the purposes of trade or
other views, they will apprehend such person or persons, and deliver
him or them to some United States’ superintendent or agent of Indian
affairs, or to the commandant of the nearest military post, to be dealt
with according to law. And they further agree to give safe conduct to
all persons who may be legally authorized by the United States to pass
through their country, and to protect in their persons and property all
agents or other persons sent by the United States to reside temporarily
among them.

Article 5.

That the friendship which is now established between the United
States and the Hunkpapas band should not be interrupted by the mis¬
conduct of individuals, it is hereby agreed that, for injuries done by
individuals, no private revenge or retaliation shall take place, but
instead thereof, complaints shall be made, by the injured party, to the
superintendent or agent of Indian affairs, or other person appointed by
the President: and it shall be the duty of said Chiefs, upon complaint
being made as aforesaid, to deliver up the person or persons against
whom the complaint is made, to the end that he or they may be pun¬
ished agreeably to the laws of the United States. And in like manner,
if any robbery, violence, or murder, shall be committed on any Indian
or Indians belonging to the said band, the person or persons so offend¬
ing shall be tried, and if found guilty, shall be punished in like manner
as if the injury had been done to a white man. And it is agreed, that
the chiefs of said Hunkpapas band shall, to the utmost of their power,
exert themselves to recover horses or other property, which may be
stolen or taken from any citizen or citizens of the United States, by
any individual or individuals of said band; and the property so recov¬
ered shall be forthwith delivered to the agents or other person author¬
ized to receive it, that it may be restored to the proper owner. And
the United States hereby guarranty to any Indian or Indians of said
band, a full indemnification for any horses or other property which
may be stolen from them by any of their citizens: Provided , That the
property stolen cannot be recovered, and that sufficient proof is pro¬
duced that it was actually stolen by a citizen of the United States. And
the said Hunkpapas band engage, on the requisition or demand of the
President of the United States, or of the agents, to deliver up any
white man resident among them.

Article 6.

And the Chiefs and Warriors, as aforesaid, promise and engage that
their band will never, by sale, exchange, or as presents, supply any
nation or tribe of Indians, not in amity with the United States, with
guns, ammunition, or other implements of war.

TREATY WITH THE RICARA TRIBE, 1825.

To put an end to an unprovoked hostility on the part of the Ricara
Tribe of Indians against the United States, and to restore harmony
between the parties, the President of the United States, by Brigadier-
general Henry Atkinson, of the United States’ Army, and Major Ben¬
jamin O’Fallon, Indian Agent, Commissioners duly appointed and

Course to be pur¬
sued in order to pre¬
vent injuries by indi¬
viduals, etc.

Chiefs to exert
themselves to recover
stolen property, etc.

Proviso.

No guns, etc., to be
furnisned by them to
enemies of United
States.

July 18, 1825.

7 Stat., 259.
Proclamation, Feb.
6, 1826.

168

TREATY WITH THE RICARA TRIBE, 1825.

commissioned to treat with the Indian tribes beyond the Mississippi
river, give peace to the said Ricara Tribe; the Chiefs and Warriors
thereof having first made suitable concessions for the offence. And,
for the purpose of removing all further or future cause of misunder¬
standing as respects trade and friendly intercourse between the parties,
the above named Commissioners on the part of the United States, and
the undersigned Chiefs and Warriors of the Ricara Tribe of Indians
on the part of said Tribe, have made and entered into the following
articles and conditions, which, when ratified by the President of the
United States, by and with the advice and consent of the Senate, shall
be binding on both parties, to wit:

Article 1.

Peace and friend- Henceforth there shall be a firm and lasting peace between the
United States and the Ricara tribe of Indians; and a friendly inter¬
course shall immediately take place between the parties.

Article 2.

sS^knowie^Jd ^ is admitted by the Ricara tribe of Indians, that they reside within

aesac now e ge . territorial limits of the United States, acknowledge their supremacy,

and claim their protection. The said tribe also admit the right of the
United States to regulate all trade and intercourse with them.

Article 3.

united states win The United States agree to receive the Ricara tribe of Indians into
de^thS? Section!1’ their friendship, and under their protection, and to extend to them,
from time to time, such benefits and acts of kindness as may be con¬
venient and seem just and proper to the President of the United States.

Article 4.

Regulation of trade All trade and intercourse with the Ricara tribe shall be transacted
among the in lans. ^ gu(Jj1 p]ace or places as may be designated and pointed out by the
President of the United States, through his agents; and none but
American citizens, duly authorized by the United States, shall be
admitted to trade or hold intercourse with said tribe of Indians.

Article 5.

transacted61 a t s°uch That the Ricara tribe may be accommodated with such articles of

places as the Presi- merchandise, &c. as their necessities may demand, the United States
dent may designate. agree admit and license traders to hold intercourse with said tribe,
under mild and equitable regulations: in consideration of which, the
Ricara tribe bind themselves to extend protection to the persons and
the property of the traders, and the persons legally employed under
them, while they remain within the limits of their district of country.
And the said Ricara tribe further agree, that if any foreigner or other
person, not legally authorized by the United States, shall come into
their district of country, for the purposes of trade or other views, they
will apprehend such person or persons, and deliver him or them to some
United States’ superintendent or agent of Indian Affairs, or to the com¬
mandant of the nearest military post, to be dealt with according to law.
And they further agree to give safe conduct to all persons who may be
legally authorized by the United States to pass through their country,
and to protect in their persons and property all agents or other persons
sent by the United States to reside temporarily among them.

TREATY WITH THE BELANTSE-ETOA OR MINNETSAREE TRIBE, 1825.
Article 6.

169

That the friendship which is now established between the United
States and the Ricara tribe, shall not be interrupted by the misconduct
of individuals, it is hereby agreed, that for injuries done by individuals,
no private revenge or retaliation shall take place, but instead thereof,
complaints shall be made, by the party injured, to the superintendent
or agent of Indian affairs or other person appointed by the President;
and it shall be the duty of the said Chiefs, upon complaint being made
as aforesaid, to deliver up the person or persons against whom the com¬
plaint is made, to the end that he or they may be punished, agreeably
to the laws of the United States. And, in like manner, if any robbery,
violence, or murder, shall be committed on any Indian or Indians
belonging to said tribe, the person or persons so offending shall be tried,
and, if found guilty, shall be punished in like manner as if the injury
had been done to a white man. And it is agreed, that the Chiefs of
the said Ricara tribe shall, to the utmost of their power, exert them¬
selves to recover horses or other property, which may be stolen or
taken from any citizen or citizens of the United States, by any indi¬
vidual or individuals of said tribe; and the property so recovered shall
be forthwith delivered to the agents or other person authorized to
receive it, that it may be restored to the proper owner. And the United
States hereby guaranty to any Indian or Indians of said tribe, a full
indemnification for any^ horses or other property which may be stolen
from them by any of their citizens: Provided , That the property so
stolen cannot be recovered, and that sufficient proof, is produced that
it was actually stolen by a citizen of the United States. And the said
Ricara tribe engage, on the requisition or demand of the President of
the United States, or of the agents, to deliver up any white man
resident among them.

Article 7.

And the Chiefs and Warriors, as aforesaid, promise and engage that
their tribe will never, by sale, exchange, or as presents, supply any
nation, tribe, or bands of Indians, not in amity with the United States,
with guns, ammunition, or other implements of war.

TREATY WITH THE BELANTSE-ETOA OR MINNETSAREE TRIBE,
1825.

Whereas acts of hostility have been committed, by some restless
men of the Belantse-etea or Minnetaree tribe of Indians, upon some
of the citazens of the United States: therefore, to put a stop to any
further outrages of the sort, and to establish a more friendly under¬
standing between the United States and the said Belantse-etea or Min¬
netaree tribe, the President of the United States, by Henry Atkinson,
Brigadier-general of the United States’ army, and Major Benjamin
O’Fallon, Indian Agent, commissioners duly appointed and commis¬
sioned to treat with the Indian tribes beyond the Mississippi river, for-

five the offences which have been committed, the Chiefs and Warriors
aving first made satisfactory explanations touching the same. And,
for the purpose of removing all future cause of misunderstanding, as
respects trade and friendly intercourse, between the parties, the above-
named Commissioners, on the part of the United States, . and the under¬
signed chiefs and Warriors of the Belantse-etea or Minnetaree tribe
of Indians, on the part of said tribe, have made and entered into the
following Articles and Conditions; which, when ratified by the Presi¬
dent of the United States, by and with the advice and consent of the
Senate, shall be binding on both parties — to wit:

Course to be pur¬
sued in order to pre¬
vent injuries by indi¬
viduals.

Chiefs to exert
themselves to recover
stolen property.

Proviso.

No guns, etc., to be
furnished by them to
any nation, etc., hos¬
tile to the United
States.

July 30, 1825.

7 Stat., 261.
Proclamation, Feb.
6, 1826.

170

TREATY WITH THE BEL ANTSE-ETOA OR MINNETSAREE TRIBE, 1825.
Article 1.

Peace and friend¬
ship.

Supremacy of Unit¬
ed States acknowl¬
edged.

United States to re¬
ceive them into their
friendship.

Places of trade to
be designated by the
President.

Regulation of trade.

Course to be pursued
in order to prevent
injuries, by individ¬
uals, etc.

Henceforth there shall be a firm and lasting peace between the United
States and the Belantse-etea or Minnetaree tribe of Indians; and a
friendly intercourse shall immediately take place between the parties.

Article 2.

It is admitted by the Belantse-etea or Minnetaree tribe of Indians,
that they reside within the territorial limits of the United States,
acknowledge their supremacy, and claim their protection. — The said
tribe also admit the right of the United States to regulate all trade and
intercourse with them.

' Article 3.

The United States agree to receive the Belantse-etea or Minnetaree
tribe of Indians into their friendship, and under their protection, and
to extend to them, from time to time, such benefits and acts of kind¬
ness as may be convenient, and seem just and proper to the President
of the United States.

Article 4.

All trade and intercourse with the Belantse-eta or Minnetaree tribe
shall be transacted at such place or places as may be designated and
pointed out, by* the President of the United States, through his agents;
and none but American citazens, duly authorized by the United States,
shall be admitted to trade or hold intercourse with said tribe of Indians.

Article 5.

That the Belantse-eta or Minnetaree tribe ma}^ be accommodated
with such articles of merchandise, &c., as their necessities may demand,
the United States agree to admit and license traders to hold intercourse
with said tribe, under mild and equitable regulations: in consideration
of which, the Belantse-eta or Minnetaree tribe bind themselves to
extend protection to the persons and the property of the traders, and the
persons legally employed under them, whilst they remain within the
limits of their district of country. And the said Ilelantse-eta or Min¬
netaree tribe further agree, that if any foreigner or other person, not
legally authorized by the United States, shall come into their district
of country, for the purposes of trade or other views, they will appre¬
hend such person or persons, and deliver him or them to some United
States’ superintendent or agent of Indian affairs, or to the commandant
of the nearest military post, to be dealt with according to law. And
they further agree to give safe conduct to all persons who may be
legally authorized by the United States to reside temporarily among
them.

Article 6.

That the friendship which is now established between the United
States and the Belantse-eta or Minnetaree tribe shall not be interrupted
b}^ the misconduct of individuals, it is hereby agreed, that for injuries
done by individuals, no private revenge or retaliation shall take place,
but instead thereof complaints shall be made, by the party injured, to
the superintendent or agent of Iudian affairs or other person appointed
by the President; and it shall be the duty of the said Chiefs, upon
complaint being made as aforesaid, to deliver up the person or persons
against whom the complaint is made, to the end that he or they may
be punished, agreeably to the laws of the United States. And, in like
manner, if any robbery, violence, or murder, shall be committed on

TREATY WITH THE MANDAN TRIBE, 1825.

171

any Indian or Indians belonging to said tribe, the person or persons

so offending shall be tried, and if found guilty, shall be punished in

like manner as if the injury had been done to a white man. And it is °hie{? t0 exert

agreed that the Chiefs of the said Belantse-eta or Minnetaree tribe stoie1nepropetrtyecover

shall, to the utmost of their power, exert themselves to recover horses

or other property, which may be stolen or taken from any citizen or

citizens of the United States, by any individual or individuals of said

tribe; and the property so recovered shall be forthwith delivered to the

agents or other person authorized to receive it, that it may be restored

to the proper owner. And the United States hereby guarranty to any

Indian or Indians of said tribe, a full indemnification for any horses or

other property which may be stolen from them by any of their citizens:

Provided , That the property so stolen cannot be recovered, and that Proviso,
sufficient proof is produced that it was actually stolen by a citizen of
the United States. And the said Belantse-eta or Minnetaree tribe
engage, on the requisition or demand of the President of the United
States, or of the agents, to deliver up any white man resident among
them.

Article 7.

And the Chiefs and Warriors, as aforesaid, promise and engage that No guns, etc., to be
their tribe will never, by sale, exchange, or as presents, supply any SSSSSiStouM
nation, tribe, or band of Indians, not in amity with the United States, States-
with guns, ammunition, or other implements of war.

TREATY WITH THE MANDAN TRIBE, 1825.

Whereas acts of hostility have been committed by some restless men July 30, 1825,
of the Mandan Tribe of Indians, upon some of the citizens of the United 7 stat., 264.
States: Therefore, to put a stop to any further outrages of the sort; 6, im. amatl0n’ Feb-
and to establish a more friendly understanding between the United
States and the said Mandan Tribe, the President of the United States,
by Henry Atkinson, Brigadier General of the United States’ Army, and
Major Benjamin O’Fallon, Indian Agent, Commissioners duly appointed
and commissioned to treat with the Indian Tribes beyond the Missis¬
sippi. river, forgive the offences which have been committed; the Chiefs
and Warriors having first made satisfactory explanations touching the
same. And, for the purpose of removing all future cause of misunder¬
standing as respects trade and friendly intercourse between the parties,
the above named Commissioners on the part of the United States, and
the undersigned Chiefs and Warriors of the Mandan Tribe of Indians
on the part of said Tribe, have made and entered into the following
articles and conditions, which, when ratified by the President of the
United States, by and with the advice and consent of the Senate, shall
be binding on both parties — to wit:

Article 1.

Henceforth there shall be a firm and lasting peace between the United sh?pace and friend*
States and the Mandan tribe of Indians; and a friendly intercourse
shall immediately take place between the parties.

Article 2.

It is admitted by the Mandan tribe of Indians, that they reside within § rf a°cf.
the territorial limits of the United States,* acknowledge their supremacy, knowledges
and claim their protection. — The said tribe also admit the right of the
United States to regulate all trade and intercourse with them.

172

TREATY WITH THE MANDAN TRIBE, 1825.
Article 3.

United States agree
to receive Indians into
their friendship, etc.

Places for trade to
be designated by the
President.

Regulation of trade.

Course to be pur¬
sued in order to pre¬
vent injuries by indi¬
viduals, etc.

Chiefs to exert them¬
selves to recover stolen
property.

The United States agree to receive the Mandan tribe of Indians into
their friendship, and under their protection, and to extend to them, from
time to time, such benefits and acts of kindness as may be convenient,
and seem just and proper to the President of the United States.

Article 4.

All trade and intercourse with the Mandan tribe shall be transacted
at such place or places as may be designated and pointed out by the
President of the United States, through his agents; and none but
American citizens, duly authorized by the United States, shall be'
admitted to trade or hold intercourse with said tribe of Indians.

Article 5.

That the Mandan tribe may be accommodated with such articles of
merchandise, &c. as their necessities may demand, the United States
agree to admit and license traders to hold intercourse with said tribe,
under mild and equitable regulations: in consideration of which, the
Mandan tribe bind themselves to extend protection to the persons and
the property of the traders, and the persons legally employed under
them, whilst they remain within the limits of their district of country.
And the said Mandan tribe further agree, that if any foreigner or other
person, not legally authorized by the United States, shall come into their
district of country, for the purposes of trade or other views, they will
apprehend such person or persons, and deliver him or them to some
United States’ superintendent or agent of Indian Affairs, or to the com¬
mandant of the nearest military post, to be dealt with according to law.
And they further agree to give safe conduct to all persons who maj^ be
legally authorized by the United States to pass through their country,
and to protect in their persons and property all agents or other persons
sent by the United States to reside temporarily among them.

Article 6.

That the friendship which is now established between the United
States and the Mandan tribe, shall not be interrupted by the misconduct
of individuals, it is hereby agreed, that for injuries done by individ¬
uals, no private revenge or retaliation shall take place, but instead
thereof, complaints shall be made, by the party injured, to the super¬
intendent or agent of Indian affairs, or other person appointed by the
President; and it shall be the duty of the said Chiefs, upon complaint
being made as aforesaid, to deliver up the person or persons against
whom the complaint is made, to the end that he or they may be pun¬
ished, agreeably to the laws of the United States. And, in like man¬
ner, if any robbery, violence, or murder, shall be committed on any
Indian or Indians belonging to said tribe, the person or persons so
offending shall be tried, and if found guilty, shall .be punished in like
manner as if the injury had been done to a white man. And it is
agreed, that the Chiefs of the said Mandan tribe shall, to the utmost
of their power, exert themselves to recover horses or other property,
which may be stolen or taken from any citizen or citizens of the United
States, by any individual or individuals of said tribe; and the property
so recovered shall be forthwith delivered to the agents or other person
authorized to receive it, that it may be restored to the proper owner.
And the United States hereby- guarranty to any Indian or Indians of
said tribe, a full indemnification for any horses or other property
which may be stolen from them by any of their citizens: Provided,
That the property so stolen cannot be recovered, and that sufficient

173

TREATY WITH THE CROW TRIBE, 1825.

proof is produced that it was actually stolen by a citizen of the United
States. And the said Mandan tribe engage, on the requisition or
demand of the President of the United States, or of the agents, to
deliver up any white man resident among them.

Article 7.

And the Chiefs and W arriors as aforesaid, promise and engage that no ammunition,
their tribe will never, by sale, exchange, or as presents, supply any gf&lgeKSS
nation, tribe, or band ot Indians, not in amity with the United States, united states,
with guns, ammunition, or other implements of war.

TREATY WITH THE CROW TRIBE, 1825.

For the purpose of perpetuating the friendship which has heretofore Aug. 4, 1825.
existed, as also to remove all future cause of discussion or dissension, 7stat., 266. '

as it respects trade and friendship between the United States and 6 Prociamation, Feb.
their citizens, and the Crow tribe of Indians, the President of the ’

United States of America, by Brigadier-General Henry Atkinson, of
the United States’ army, and Major Benjamin O’Fallom Indian agent,
with full powers and authority, specially appointed and commissioned
for that purpose, of the one part, and the undersigned Chiefs, Head
men and Warriors, of the said Crow tribe of Indians, on behalf of
their tribe, of the other part, have made and entered into the follow¬
ing Articles and Conditions; which, when ratified by the President of
the United States, by and with the advice and consent of the Senate,
shall be binding on both parties— -to wit:

Article 1.

It is admitted by the Crow tribe of Indians, that they reside within supremacy of unit-
the territorial limits of the United States, acknowledge their suprem- edgecLates acknow1'
acy, and claim their protection. — The said tribe also admit the right
of the United States to regulate all trade and intercourse with them.

Article 2.

The United States agree to receive the Crow tribe of Indians into indiansreceived in-
their friendship, and under their protection, and to extend to them, states.ectl0I10fUmted
from time to time, such benefits and acts of kindness as may be con¬
venient, and seem just and proper to the President of the United States.

Article 3.

All trade and intercourse with the Crow tribe shall be transacted at bePdeCsf natedrbdethe
such place or places as may be designated and pointed out by the Pres- President.8, e y e
ident of the United States, through his agents; and none but American
citizens, duly authorized by the United States, shall be admitted to
trade or hold intercourse with said tribe of Indians.

Article 4.

That the Crow tribe may be accommodated with such articles of Regulation of trade,
merchandise, &c. as their necessities may demand, the United States
agree to admit and license traders to hold intercourse with said tribe,
under mild and equitable regulations: in consideration of which, the
Crow tribe bind themselves to extend protection to the persons and the
property of the traders, and the persons legally employed under them,
whilst they remain within the limits of their district of country. And

174

TREATY WITH THE GREAT AND LITTLE OSAGES, 1825.

Course to be pursued
in order to prevent in¬
juries to individuals,
etc.

Chiefs to exert them¬
selves to recover stol¬
en property.

Proviso.

No guns, etc., to be
furnished by them to
enemies of United
States.

Aug. 10, 1825.

7 Stat., 268.
Proclamation, May
3, 1826.

the said Crow tribe further agree, that if any foreigner or other per¬
son, not legally authorized by the United States, shall come into their
district of country, for the purposes of trade or other views, they will
apprehend such person or persons, and deliver him or them to some
United States’ Superintendent or Agent of Indian Affairs, or to the
commandant of the nearest military post, to be dealt with according to
law. And they further agree to give safe conduct to all persons who
may be legally authorized by the United States to pass through their
country, and to protect in their persons and property all agents or
other persons sent by the United States to reside temporarily among
them ; and that they will not, whilst on their distant excursions, molest
or interrupt any American citizen or citizens, who may be passing
from the United States to New Mexico, or returning from thence to
the United States.

Article 5.

That the friendship which is now established between the United
States and the Crow tribe, should not be interrupted by the miscon¬
duct of individuals, it is hereby agreed, that for injuries done by indi¬
viduals, no private revenge or retaliation shall take place, but instead
thereof, complaints shall be made, by the party injured, to the super¬
intendent or agent of Indian affairs, or other person appointed by the
President; and it shall be the duty of said Chiefs, upon complaint
being made as aforesaid, to deliver up the person or persons against
whom the complaint is made, to the end that he or they may be pun¬
ished, agreeably to the laws of the United States. And, in like man¬
ner, if any robbery, violence, or murder, shall be committed on any
Indian or Indians belonging to the said tribe, the person or persons so
offending shall be tried, and, if found guilty, shall be punished in like
manner as if the injury had been done to a white man. And it is
agreed, that the Chiefs of said Crow tribe shall, to the utmost of their
power, exert themselves to recover horses or other property, which
may be stolen or taken from any citizen or citizens of the United
States, by any individual or individuals of said tribe; and the property
so recovered shall be forthwith delivered to the agents or other person
authorized to receive it, that it may be restored to the proper owner.
And the United States hereby guarranty to any Indian or Indians of
said tribe, a full indemnification for any horses or other property
which may be stolen from them by any of their citizens: Provided ,
That the property stolen cannot be recovered, and that sufficient proof
is produced that it was actually stolen by a citizen of the United
States. And the said tribe engage, on the requisition or demand of
the President of the United States, or of the agents, to deliver up any
white man resident among them.

Article 6.

And the Chiefs and Warriors, as aforesaid, promise and engage that
their tribe will never, by sale, exchange, or as presents, supply anv
nation, tribe, or band of Indians, not in amity with the United States,
with guns, ammunition, or other implements of war.

TREATY WITH THE GREAT AND LITTLE OSAGES, 1825.

Whereas the Congress of the United States of America being anx¬
ious to promote a direct commercial and friendly intercourse between
the citizens of the United States and those of the Mexican Republic,

175

TREATY WITH THE GREAT AND LITTLE OS AGES, 1825.

and, to afford protection to the same, did, at their last session, pass an
act, which was approved the 3d March, 1825, “to authorize the Presi¬
dent of the United States to cause a road to be marked out from the
TV estern frontier of Missouri to the confines of New Mexico,” and
which authorizes the President of the United States to appoint Com¬
missioners. to carry said act of Congress into effect, and enjoins on
the Commissioners, so to be appointed, that they first obtain the con¬
sent of the intervening tribes of Indians, by treaty, to the marking of
said road, and to the unmolested use thereof to the citizens of the
United States and of the Mexican Republic; and Benjamin H. Reeves,
Geo. C. Sibley, and Thomas Mather, Commissioners dulv appointed
as aforesaid, being duly and fully authorized, have this day met the
Chiefs and Head men of the Great and Little Osage Nations, who
being all duly authorized to meet and negotiate with the said Commis¬
sioners upon the premises, and being specially met for that purpose,
by the invitation of said Commissioners, at the place called the Coun¬
cil Grove, on the river Nee-o-zho, one hundred and sixty miles south¬
west from Fort Osage; have, after due deliberation and consultation,
agreed to the following Treaty, which is to be considered binding on
the said Great and Little Osages, from and after this day:

Article 1.

The Chiefs and Head Men of the Great and Little Osages, for them¬
selves and their nations, respectively, do consent and agree that the
Commissioners of the United States shall and may survey and mark
out a road, in such manner as they may think proper, through any of
the territory owned or claimed by the said Great and Little Osage
Nations.

Article 2.

The Chiefs and Head Men, as aforesaid, do further agree that the
road authorized in article 1, shall, when marked, be forever free for
the use of the citizens of the United States and of the Mexican Repub¬
lic, who shall at all times pass and repass thereon, without any hin¬
drance or molestation on the part of the said Great and Little Osages.

Article '3.

The Chiefs and Head Men as aforesaid, in consideration of the
friendly relations existing between them and the United States, do
further promise, for themselves and their people, that they will, on
all fit occasions, render such friendly aid and assistance as may be in
their power, to any of the citizens of the United States, or of the
Mexican Republic, as they may at any time happen to meet or fall in
with on the road aforesaid.

Article 4.

The Chiefs and Head Men, as aforesaid, do further consent and
agree that the road aforesaid shall be considered as extending to a
reasonable distance on either side, so that travellers thereon may, at
any time, leave the marked tract, for the purpose of finding subsistence
and proper camping places.

Article 5.

In consideration of the privileges granted by the Chiefs of the Great
and Little Osages in the three preceding articles, the said Commission¬
ers on the part of the United States, have agreed to pay to them, the
said Chiefs, for themselves and their people, the sum of five hundred
dollars; which sum is to be paid them as soon as may be, in money or
merchandise, at their option, at such place as they may desire.

1825, ch. 50.

Agreement.

Further agreement.

Friendly relations.

Road.

Privileges.

176

Merchandise, etc.

Aug. 16, 1826.

7 Stat., 270.
Proclamation, May
3, 1826.

1825, ch. 50.

Road to be sur¬
veyed, etc.

Said road to be free,
etc.

Kansas to render
assistance to citizens
of United States and
of Mexico.

TREATY WITH THE KANSAS INDIANS, 1825.

Article 6.

And the said Chiefs and Head Men, as aforesaid, acknowledge to
have received from the Commissioners aforesaid, at and before the
signing of this Treaty, articles of merchandise to the value of three
hundred dollars; whicii sum of three hundred dollars, and the payment
stipulated to be made to the said Osages in Article 5, shall be consid¬
ered, and are so considered by said Chiefs, as full and complete com¬
pensation for every privilege herein granted by said Chiefs.

TREATY WITH THE KANSAS INDIANS, 182o.

Whereas the Congress of the United States of America being anxious
to promote a direct commercial and friendly intercourse between the
citizens of the United States and those of the Mexican Republic, and,
to afford protection to the same, did, at their last session, pass an act,
which was approved the 3d of March, 1825, ‘ 4 to authorize the President
of the United States to cause a road to be marked out from the West¬
ern frontier of Missouri to the confines of New Mexico,” and which
authorizes the President of the United States to appoint Commission¬
ers to carry said act of Congress into effect, and enjoins on the Com¬
missioners, so to be appointed, that they first obtain the consent of the
intervening tribes of Indians, by treaty, to the marking of said road
and to the unmolested use ther’eof to the citizens of the United States
and of the Mexican Republic; and Benjamin H. Reeves, Geo. C. Sib¬
ley, and Thomas Mather, being duly appointed Commissioners as
aforesaid, and being duly and fully authorized, have this day met the
Chiefs and Head Men of the Kansas tribe of Indians, who, being all
duly authorized to meet and negotiate with the said Commissioners
upon the premises, and being specially met for that purpose, by the
invitation of said Commissioners, on the Sora Kansas Creek, two hun¬
dred and thirty-eight miles Southwestwardly from Fort Osage; have,
after due deliberation and consultation, agreed to the following Treaty,
which is to be considered binding on the said Kansas Indians, from
and after this day:

Article 1.

The Chiefs and Head Men of the Kansas Nation, or tribe of Indians,
for themselves and their nation, do consent and agree that the Com¬
missioners of the United States shall, and may survey and mark out a
road, in such manner as they may think proper, through any of the
territory owned or claimed ' by the said Kansas Tribe or nation of
Indians.

Article 2.

Article 3.

The Chiefs and Head Men as aforesaid, in consideration of the
friendly relations existing between them and the United States, do
further promise, for themselves and their people, that they will, on
all fit occasions, render such friendly aid and assistance as may be in
their power, to any of the citizens of the United States, or of the Mex¬
ican Republic, as they may at any time happen to meet or fall in with
on the road aforesaid.

TREATY WITH THE SIOUX, ETC., 1825.
Article 4.

177

The Chiefs and Head Men, as aforesaid, do further consent and distance to which
agree that the road aforesaid shall be considered as extending to a rea-
sonable distance on either side, so that travellers thereon may, at any
time, leave the marked track, for the purpose of finding subsistence
and proper camping places.

Article 5.

In consideration of the privileges granted by the Chiefs of Kansas
Tribe in the three preceding articles, the said commissioners, on the
part of the United States, have agreed to pay to them, the said Chiefs,
for themselves and their people, the sum of five hundred dollars;
which sum is to. be paid them as soon as may be, in money or mer¬
chandise, at their option, at such place as they may desire.

Payment of indem¬
nity by United States.

Article 6.

And the said Chiefs and Head Men, as aforesaid, acknowledge to Acknoyiedgmentof
have received from the Commissioners aforesaid, at and before the said tribe,
signing of this Treaty, articles of merchandise to the value of three
hundred dollars; which sum of three hundred dollars, and the pay¬
ment stipulated to be made to the said Kansas in article 5, shall be
considered, and are so considered by said Chiefs, as full and complete
compensation for every privilege herein granted by said Chiefs.

TREATY WITH THE SIOUX, ETC., 1825.

Treaty with the Sioux and Chippewa, Sacs and Fox , Menominie , Ioway ,•
Sioux , Winnebago., and a portion of the , Ottawa , Chippewa , and
Potawattomie , Tribes .

Aug. 19, 1825.

7 Stat., 272.
Proclamation, Feb.
6, 1826.

The United States of America have seen with much regret, that wars
have for many years been carried on between the Sioux and the Chip-
pewas, and more recently between the confederated tribes of Sacs and
Foxes, and the Sioux; an I also between the Ioway s and Sioux; which,
if not terminated, may extend to the other tribes, and involve the
Indians upon the Missouri, the Mississippi, and the Lakes, in general
hostilities. In order, therefore, to promote peace among these tribes,
and to establish boundaries among them and the other tribes who live
in their vicinity, and thereby to remove all causes of future difficulty,
the United States have invited the Chippewa, Sac, and Fox, Menominie,
Ioway, Sioux, Winnebago, and a portion of the Ottowa, Chippewa, and
Potawatomie Tribes of Indians living upon the Illinois, to assemble
together, and in a spirit of mutual conciliation to accomplish these
objects; and to aid therein, have appointed William Clark and Lewis
Cass, Commissioners on their part, who have met the Chiefs, Warriors,
and Representatives of the said tribes, and portion of tribes, at Prairie
des Chiens, in the Territory of Michigan, and after full deliberation,
the said tribes, and portions of tribes, have agreed with the United
States, and with one another, upon the following articles:

Article 1.

There shall be a firm and perpetual peace between the Sioux and pe^rem and perpetual
Chippewas; between the Sioux and the confederated tribes of Sacs and p
Foxes; and between the Ioways and the Sioux.

S. Hoc. 452 - 12

178

TREATY WITH THE SIOUX, ETC., 1825.
Article 2.

Line between the
respective countries.

Relinquishment of
Sacs and Foxes.

Iowas accede to
the arrangement.

Claim of the Ottoes
not to be affected by
this treaty.

Agreement between
the Sioux and Chip-
pewas.

It is agreed between the confederated Tribes of the Sacs and Foxes,
and the Sioux, that the Line between their respective countries shall be
as follows: Commencing at the mouth of the Upper Ioway River, on
the west bank of the Mississippi, and ascending the said Ioway river,
to its left fork; thence up that fork to its source; thence crossing the
fork of Red Cedar River, in a direct line to the second or upper fork
of the Desmoines river;, and thence in a direct line to the lower fork of
the Calumet river; and down that river to its juncture with the Mis¬
souri river. But the Yancton band of the Sioux tribe, being princi¬
pally interested in the establishment of the line from the Forks of the
Desmoines to the Missouri, and not being sufficiently represented to
render the definitive establishment of that line proper, it is expressly
declared that the line from the forks of the Desmoines to the forks of
the Calumet river, and down that river to the Missouri, is not to be
considered as settled until the assent of the Yancton band shall be given
thereto. And if the said band should refuse their assent, the arrange¬
ment of that portion of the boundary line shall be void, and the rights
of the parties to the country bounded thereby, shall be the same as if
no provision had been made for the extension of the line west of the
forks of the Desmoines. And the Sacs and Foxes relinquish to the
tribes interested therein, all their claim to land on the east side of the
Mississippi river.

Article 3.

The loways accede to the arrangement between the Sacs and Foxes,
and the Sioux; but it is agreed between the loways and the confeder¬
ated tribes of the Sacs and Foxes, that the loways have a just claim to
a portion of the country between the boundary line described in the
next preceding article, and the Missouri and Mississippi; and that the
said loways, and Sacs and Foxes, shall peaceably occupy the same,
until some satisfactory arrangement can be made between them for a
division of their respective claims to country.

Article 4.

The Ottoes not being represented at this Council, and the Commis¬
sioners for the United States being anxious that justice should be
done to all parties, and having reason to believe that the Ottoes have
a just claim to a portion of the country upon the Missouri, east and
south of the boundary line dividing the Sacs and Foxes and the loways,
from the Sioux, it is agreed between the parties interested therein,
and the United States, that the claim of the Ottoes shall not be affected
by any thing herein contained; but the same shall remain as valid as
if this treaty had not been formed.

Article 5.

It is agreed between the Sioux and the Chippewas, that the line
dividing their respective countries shall commence at the Chippewa
River, half a day’s march below the falls; and from thence it shall run
to Red Cedar River, immediate^ below the falls; from thence to the
St. Croix River, which it strikes at a place called the standing cedar,
about a day’s paddle in a canoe, above the Lake at the mouth of that
river; thence passing between two lakes called by the Chippewas
“Green Lakes,” and by the Sioux “the lakes they bury the Eagles
in,” and from thence to the standing cedar that “the Sioux Split;”
thence to Rum River, crossing it at the mouth of a small creek called
choaking creek, a long day’s march from the Mississippi; thence to a

TREATY WITH THE SIOUX, ETC., 1825.

179

point of woods that projects into the prairie, half a day’s march from
the Mississippi; thence in a straight line to the month of the first river
which enters the Mississippi on its west side above the mouth of Sac
river; thence ascending the said river (above the mouth of Sac river)
to a small lake at its source; thence in a direct line to a lake at the head
of Prairie river, which is supposed to enter the Crow Wing river on
its South side; thence to Otter-tail lake Portage; thence to said Otter-
tail lake, and down through the middle thereof, to its outlet; thence
in a direct line, so as to strike Buffalo river, half way from its source
to its mouth, and down the said river to Red River; thence descending
Red river to the mouth of Outard or Goose creek: The eastern boun¬
dary of the Sioux commences opposite the mouth of Ioway river, on
the Mississippi, runs back two or three miles to the bluffs, follows
the bluffs crossing Bad axe river, to the mouth of Black river, and
from Black river to half a day’s march below the Falls of the Chip¬
pewa River.

Article 6.

It is agreed between the Chippewas and Winnebagoes, so far as they
are mutually interested therein, that the southern boundary line of the
Chippewa country shall commence on the Chippewa river aforesaid,
half a day’s march below the falls on that river, and run thence to the
source of Clear Water river, a branch of the Chippewa; thence south
to Black river; thence to a point where the woods project into the
meadows, and thence to the Plover Portage of the Ouisconsin.

Article 7.

It is agreed between the Winnebagoes and the Sioux, Sacs and
Foxes, Chippewas and Ottawas, Chippewas and Potawatomies of the
Illinois, that the Winnebago country shall be bounded as follows: south
easterly b^ Rock River, from its source near the Winnebago lake, to
the Winnebago village, about forty miles above its mouth; westerly
by the east line of the tract, lying upon the Mississippi, herein secured
to the Ottawa, Chippewa and Potawatomie Indians, of the Illinois;
and also by the high bluff, described in the Sioux boundary, and run¬
ning nortfi to Black river: from this point the Winnebagoes claim up
Black river, to a point due west from the source of the left fork of the
Ouisconsin; thence to the source of the said fork, and down the same
to the Ouisconsin; thence down the Ouisconsin to the portage, and
across the portage to Fox river; thence down Fox river to the Win¬
nebago lake, and to the grand Kan Kanlin, including in their claim the
whole of Winnebago lake; but, for the causes stated in the next article,
this line from Black river must for the present be left indeterminate.

Article 8.

The representatives of the Menominies not being sufficiently
acquainted with their proper boundaries, to settle the same definitively,
and some uncertainty existing in consequence of the cession made by
that tribe upon Fox River and Green Bay, to the New York Indians,
it is agreed between the said Menominie tribe, and the Sioux, Chippe¬
was, Winnebagoes, Ottawa, Chippewa and Potawatomie Indians of the
Illinois, that the claim of the Menominies to any portion of the land
within the boundaries allotted to either of the said tribes, shall not be
barred by any stipulation herein; but the same shall remain as valid as
if this treaty had not been concluded. It is, however, understood that
the general claim of the Menominies is bounded on the north by the
Chippewa country, on the east by Green Bay and lake Michigan
extending as far south as Millawaukee river, and on the West they
claim to Black River.

Agreement between
the Chippewas and
the Winnebagoes.

Agreement between
the Winnebagoes and
the Sioux, etc.

Agreement between
the Menominees and
the Sioux, etc.

180

TREATY WITH THE SIOUX, ETC., 1825.

Boundary of the
Ottawas, Chippewas,
and Potawatomies.

Said tribes acknowl¬
edge the supremacy
of the United States.

A council to be held
in 1826.

An assembly of the
Chippewas to be con¬
vened.

Article 9.

The country secured to the Ottawa, Chippewa, and Potawatomie
tribes of the Illinois, is bounded as follows: Beginning at the Winne¬
bago village, on Rock river, forty miles from its mouth, and running
thence down the Rock river to a line which runs from Lake Michigan
to the Mississippi, and with that line to the Mississippi, opposite to
Rock Island; thence up that river to the United States reservation, at
the mouth of the Ouisconsin; thence with the south and east lines of
the said reservation to the Ouisconsin; thence, southerly, passing the
heads of the small streams emptying into the Mississippi, to the Rock
river at the Winnebago village. The Illinois Indians have also a just
claim to a portion of the country bounded south by the Indian boun¬
dary line aforesaid, running from the southern extreme of lake Mich¬
igan, east by lake Michigan, north by the Menominie country, and
north-west bv Rock river. This claim is recognized in the treaty con¬
cluded with the said Illinois tribes at St. Louis, August 24, 1816, but
as the Millewakee and Manetoowalk bands are not represented at this
Council, it cannot be now definitively adjusted.

Article 10.

All the tribes aforesaid acknowledge the general controlling power
of the United States, and disclaim all dependence upon, and connec¬
tion with, any other power. And the United States agree to, and
recognize, the preceding boundaries, subject to the limitations and
restrictions before provided. It being, however, well understood that
the reservations at Fever River, at the Ouisconsin, and St. Peters, and
the ancient settlements at Prairie des Chiens and Green Bay, and the
land property thereto belonging, and the reservations made upon the
Mississippi, for the use of the half breeds, in the treaty concluded with
the Sacs and Foxes, August 24, 1824, are not claimed by either of the
said tribes.

Article 11.

The United States agree, whenever the President may think it neces¬
sary and proper, to convene such of the tribes, either separately or
together, as are interested in the lines left unsettled herein, and to
recommend to them an amicable and final adjustment of their respective
claims, so that the work, now happily begun, may be consummated. It
is agreed, however, that a Council shall be held with the Yancton band
of the Sioux, during the year 1826, to explain to them the stipulations
of this treaty, and to procure their assent thereto, should they be dis¬
posed to give it, and also with the Ottoes, to settle and adjust their title
to any of the country claimed by the Sacs, Foxes, and Ioways.

Article 12.

The Chippewa tribe being dispersed over a great extent of country,
and the Chiefs of that tribe having requested, that such portion of them
as may be thought proper, by the Government of the United States, may
be assembled in 1826, upon some part of Lake Superior, that the objects
and advantages of this treaty may be fully explained to them, so that
the stipulations thereof may be observed by the warriors. The Com¬
missioners of the United States assent thereto, and it is therefore agreed
that a council shall accordingly be held for these purposes.

181

TREATY WITH THE OTO AND MISSOURI TEIBE,, 1825.
Article 13.

It is understood by all the tribes, parties hereto, that no tribe shall
hunt within the acknowledged limits of any other without their assent,
but it being the sole object of this arrangement to perpetuate a peace
among them, and amicable relations being now restored, the Chiefs of
all the tribes have expressed a determination, cheerfully to allow a
reciprocal right of hunting on the lands of one another, permission
being first asked and obtained, as before provided for.

Article 14.

Should any causes of difficulty hereafter unhappily arise between
any of the tribes, parties hereunto, it is agreed that the other tribes shall
interpose their good offices to remove such difficulties; and also that
the government of the United States may take such measures as they
may deem proper, to effect the same object.

Article 15.

This treaty shall be obligatory on the tribes, parties hereto, from
and after the date hereof, and on the United States, from and after its
ratification by the government thereof.

TREATY WITH THE OTO AND MISSOURI TRIBE, 1825.

For the purpose of perpetuating the friendship which has heretofore
existed, as also to remove all future cause of discussion or dissension,
as it respects trade and friendship between the United States and their
citizens, and the Ottoe and Missouri tribe of Indians, the President of
the United States of America, by Brigadier-General Henry Atkinson,
of the United States’ army, and Major Benjamin O’Fallon, Indian
Agent, with full powers and authority, specially appointed and com¬
missioned for that purpose, of the one part, and the undersigned Chiefs,
Head-men, and Warriors, of the said Ottoe and Missouri tribe of
Indians, on behalf of their tribe, of the other part, have made and
entered into the following articles and conditions, which, when ratified
by the President of the United States, by and with the advice and con¬
sent of the Senate, shall be binding on both parties — to wit:

Article 1.

It is admitted by the Ottoe and Missouri tribe of Indians, that they
reside within the territorial limits of the United States, acknowledge
their supremacy, and claim their protection. The said tribe also admit
the right of the United States to regulate all trade and intercourse with
them.

Article 2.

The United States agree to receive the Ottoe and Missouri tribe of
Indians into their friendship, and under their protection, and to extend
to them, from time to time, such benefits and acts of kindness as may
be convenient, and seem just and proper to the President of the United
States.

Article 3.

All trade and intercourse with the Ottoe and Missouri tribe shall be
transacted at such place or places as may be designated and pointed
out by the President of the United States, through his agents; and
none but American citizens, duly authorized by the United States, shall
be admitted to trade or hold intercourse with said tribe of Indians.

No tribe to hunt
within the acknowl¬
edged limits of any
other without their
assent.

In case of difficulty
between the tribes.

When to take effect.

Sept. 16, 1825.

7 Stat., 277.
Proclamation, Feb.

e, 1826.

Supremacy of
United States ac¬
knowledged.

Protection of United
States extended to
them.

Places for trade to *
be designated by the
President.

182

TREATY WITH THE OTO AND MISSOURI TRIBE, 1825.
Article 4.

rithSm d£of trade That the Ottoe and Missouri tribe may be accommodated with such

articles of merchandise, &c. as their necessities may demand, the
United States agree to admit and license traders to hold intercourse
with said tribe, under mild and equitable regulations: in consideration
of which, the said Ottoe and Missouri tribe bind themselves to extend
protection to the persons and the property of the traders, and the per¬
sons legally employed under them, whilst they remain within the limits
of their particular district of country. And the said Ottoe and Mis¬
souri tribe further agree, that if any foreigner or other person, not
legally authorized by the United States, shall come into their district
of country, for the purposes of trade or other views, they will appre¬
hend such person or persons, and deliver him or them to some United
States’ superintendent, or agent of Indian Affairs, or to the Comman¬
dant of the nearest military post, to be dealt with according to law. —
And they further agree to give safe conduct to all persons who may be
legally authorized by the United States to pass through their country:
and to protect, in their persons and property, all agents or other per¬
sons sent by the United States to reside temporarily among them; nor
will they, whilst on their distant excursions, molest or interrupt any
American citizen or citizens who may be passing from the United
States to New Mexico, or returning from thence to the United States.

Article 5.

Course to be pursued
in order to prevent in¬
juries by individuals,
etc.

Chiefs to exert them-
selvesto recover stolen
property.

Proviso.

That the friendship which is now established between the United
States and the Ottoe and Missouri tribe should not be interrupted by
the misconduct of individuals, it is hereby agreed, that for injuries done
by individuals, no private revenge or retaliation shall take place, but
instead thereof, complaint shall be made, by the party injured, to the
superintendent or agent of Indian affairs, or other person appointed by
the President; and it shall be the duty of said Chiefs, upon complaint
being made as aforesaid, to deliver up the person or persons against
whom the complaint is made, to the end that he or they may be pun¬
ished agreeably to the laws of the United States. And, in like manner,
if any robbery, violence, or murder, shall be committed on any Indian
or Indians belonging to said tribe, the person or persons so offending
shall be tried, and if found guilty shall be punished in like manner as
if the injury had been done to a white man. And it is agreed, that the
Chiefs of said Ottoe and Missouri tribe shall, to the utmost of their
power, exert themselves to recover horses or other property, which
may be stolen or taken from any citizen or citizens of the United. States,
by any individual or individuals of said tribe; and the property so
recovered shall be forthwith delivered to the agents or other person
authorized to receive it, that it may be restored to the proper owner.
And the United States hereby guarranty to any Indian or Indians of
said tribe, a full indemnification for any horses or other property which
may be stolen from them by any of their citizens: Provided , That the
property stolen cannot be recovered, and that sufficient proof is pro¬
duced that it was actually stolen by a citizen of the United States.
And the said Ottoe and Missouri tribe engage, on the requisition or
demand of the President of the United States, or of the agents, to
deliver up any white man resident among them.

Article 6.

nifhef Ty indi^nsYo And the Chiefs and Warriors, as aforesaid, promise and engage, that

persons not in amity their tribe will never, by sale, exchange, or as presents, supphT anv
wi i m e a es. nation, tribe, or band of Indians, not in amity with the United States,
with guns, ammunition, or other implements of war.

183

TREATY WITH THE PAWNEE TRIBE, 1825.

For the purpose of perpetuating the friendship which has heretofore
existed, as also to remove all future cause of discussion or dissension,
as it respects trade and friendship between the United States and their
citizens, and the Pawnee tribe of Indians, the President of the United
States of America, by Brigadier General Henry Atkinson, of the United
States’ army, and Major Benjamin O’Fallon, Indian Agent, with full
powers and authority, specially appointed and commissioned for that
purpose, of the one part, and the undersigned Chiefs, head men and
Warriors of said Pawnee tribe of Indians, on behalf of their tribe of
the other part, have made and entered into the following Articles and
Conditions; which, when ratified by the President of the United States,
by and with the advice and consent of the Senate, shall be binding on
both parties — to wit:

Article 1.

It is admitted by the Pawnee tribe of Indians, that they reside within
the territorial limits of the United States, acknowledge their suprem¬
acy, and claim their protection. — The said tribe also admit the right
of the United States to regulate all trade and intercourse with them.

Article 2.

The United States agree to receive the Pawnee tribe of Indians into
their friendship, and under their protection, and to extend to them,
from time to time, such benefits and acts of kindness as may be con¬
venient, and seem just and proper to the President of the United States.

Article 3.

All trade and intercourse with the Pawnee tribe shall be transacted
at such place or places as may be designated and pointed out by the
President of the United States, through his agents; and none but
American citizens, duly authorized by the United States, shall be
admitted to trade or hold intercourse with said tribe of Indians.

Article 4.

That the Pawnee tribe may be accommodated with such articles of
merchandise, &c. as their necessities may demand, the United States
agree to admit and license traders to hold intercourse with said tribe,
under mild and equitable regulations: in consideration of which, the
said Pawnee tribe bind themselves to extend protection to the persons
and the property of the traders, and the persons legally employed
under them, whilst they remain within the limits of their particular
district of country. And the said Pawnee tribe further agree, that if
any foreigner or other person, not legally authorized by the United
States, shall come into their district of country, for the purpose of
trade or other views, they will apprehend such person or persons, and
deliver him or them to some United States’ superintendent, or agent,
of Indian Affairs, or to the commandant of the nearest military post,
to be dealt with according to law. And they further agree to give
safe conduct to all persons who may be legally authorized by the
United States to pass through their country, and to protect in their
persons and property all agents or other persons sent by the U nited
States to reside temporarily among them; nor will they, whilst on
their distant excursions, molest or interrupt any American citizen or
citizens, who may be passing from the United States to New Mexico,
or returning from thence to the United States.

Sept. 30, 1825.

7 Stat., 279.
Proclamation, Feb.
6, 1826.

Supremacy of
United States ac¬
knowledged.

United States re¬
ceive Pawnees under
their protection.

Places for trade to
be designated by the
President.

Regulation of trade. .

184

TREATY WITH THE IAHA TEIBE, 1825.
Article 5.

Course to be pur¬
sued in order to pre¬
vent injuries by indi¬
viduals, etc.

Chiefs to exert
themselves to recover
stolen property.

That the friendship which is now established between the United
States and the Pawnee tribe, shall not be interrupted by the miscon¬
duct of individuals, it is hereby agreed, that for injuries done by indi¬
viduals, no private revenge or retaliation shall take place, but instead
thereof, complaints shall be made, by the party injured, to the superin¬
tendent, or agent of Indian affairs, or other person appointed by the
President; and it shall be the duty of said Chiefs, upon complaint
being made as aforesaid, to deliver up the person or persons against
whom the complaint is made, to the end that he or they may be pun¬
ished, agreeably to the laws of the United States. And, in like manner,
if any robbery, violence, or murder, shall be committed on any Indian
or Indians belonging to said tribe, the person or persons so offending
shall be tried, and if found guilty, shall be punished in like manner as
if the injury had been done to a white man. And it is agreed, that the
Chiefs of said Pawnee tribe shall, to the utmost of their power, exert
themselves to recover horses or other property, which may be stolen or
taken from any citizen or citizens of the United States, by any indi¬
vidual or individuals of said tribe; and the property so recovered shall
be forthwith delivered to the agents or other person authorized to
receive it, that it may be restored to the proper owner. And the United
States hereby guarranty to any Indian or Indians of said tribe, a full
indemnification for any horses or other property which may be stolen
from them by any of their citizens: Provided , That the property stolen
cannot be recovered, and that sufficient proof is produced that it was
actually stolen by a citizen of the United States. And the said Pawnee
tribe engage, on the requisition or demand of the President of the
United States, or of the agents, to deliver up any white man resident
among them.

Article 6,

No arms, etc., to be And the Chiefs and Warriors, as aforesaid, promise and engage that
enemies d ol United their tribe will never, by sale, exchange, or as presents, supply any
States- nation, tribe, or band of Indians, not in amity with the United States,

with guns, ammunition, or other implements of war.

TEEATY WITH THE MAHA TEIBE, 1825.

— Qrt-'-6Jr1825: - For the purpose of perpetuating the friendship which has heretofore

Proclamation, Feb. existed, as also to remove all future cause of discussion or dissension,
6> 1826- as it respects trade and friendship between the United States and their

citizens, and the Maha tribe of Indians, the President of the United
States of America, by Brigadier General Henry Atkinson, of the United
States’ Army, and Major Benjamin O’Fallon, Indian Agent, with full
powers and authority, specially appointed and commissioned for that
purpose, of the one part, and the undersigned Chiefs, Head-men and
Warriors, of the said Maha tribe of Indians, on behalf of their tribe,
of the other part, have made and entered into the following articles
and conditions, which, when ratified by the President of the United
States, by and with the advice and consent of the Senate, shall be
binding on both parties — to wit:

Article 1.

ulitperdftaactls ac- *s admitted by the Maha tribe of Indians, that they reside within
knowiedged. the territorial limits of the United States, acknowledge their supremacy,

and claim their protection. The said tribe also admit the right of the
United States to regulate all trade and intercourse with them.

TREATY WITH THE MAHA TRIBE, 1825.

Article 2.

The United States agree to receive the Maha tribe of Indians into
their friendship, and under their protection, and to extend to them,
from time to time, such benefits and acts of kindness as may be conven¬
ient, and seem just and proper to the President of the United States.

Article 3.

All trade and intercourse with the Maha tribe shall be transacted at
such place or places as may be designated and pointed out by the Pres¬
ident of the United States, through his agents: and none but American
citizens, duly authorized by the United States, shall be admitted to
trade or hold intercourse with said tribe of Indians.

Article 4.

That the Maha tribe may be accommodated with such articles of
merchandise, &c. as their necessities may demand, the United States
agree to admit and license traders to hold intercourse with said tribe,
under mild and equitable regulations: in consideration of which, the
Maha tribe bind themselves to extend protection to the persons and
the property of the traders, and the persons legally employed under
them, whilst the}7 remain within the limits of their particular district of
country. And the said Maha tribe further agree, that if any foreigner,
or other person not legally authorized by the United States, shall come
into their district of country, for the purposes of trade or other views,
they will apprehend such person or persons, and deliver him or them to
some United States’ superintendent or agent of Indian Affairs, or to the
Commandant of the nearest military post, to be dealt with according to
law. — And they further agree to give safe conduct to all persons who
may be legally authorized by the United States to pass through their
country; and to protect in their persons and property, all agents or
other persons sent by the United States to reside temporarily among
them; nor will they, whilst on their distant excursions, molest or inter¬
rupt any American citizen or citizens who may be passing from the
United States to New Mexico, or returning from thence to the United
States.

Article 5.

That the friendship which is now established between the United
States and the Maha tribe should not be interrupted by the miscon¬
duct of individuals, it is hereby agreed, that, for injuries done by
individuals, no private revenge or retaliation shall take place, but
instead thereof, complaints shall be made by the party injured, to the
superintendent or agent of Indian affairs, or other person appointed
by the President; and it shall be the duty of said Chiefs, upon com¬
plaint being made as aforesaid, to deliver up the person or persons
against whom the complaint is made, to the end that he or they may
be punished agreeably to the laws of the United States. And, in like
manner, if any robbery, violence, or murder, shall be committed on
any Indian or Indians belonging to said tribe, the person or persons
so offending shall be tried, and if found guilty shall be punished in
like manner as if the injury had been done to a white man. And it is
agreed, that the Chiefs of said Maha tribe shall, to the utmost of their
power, exert themselves to recover horses or other property, which
maybe stolen or taken from any citizen or citizens of the United
States, by any individual or individuals of said tribe; and the property
so recovered shall be forthwith delivered to the agents or other person
authorized to receive it, that it may be restored to the proper owner.
And the United States hereby guarranty to any Indian or Indians of

185

United States re¬
ceive them under
their protection.

Places for trade to
he designated by the
President.

Regulation of trade

Course to be pur¬
sued in order to pre¬
vent injuries by indi¬
viduals, etc.

Chiefs to exert
themselves to recover
stolen property.

186

TREATY WITH THE SHAWNEE, 1825.

said tribe, a full indemnification for any horses or other property
Proviso. which may be stolen from them by any of their citizens: Provided ,

That the property stolen cannot be recovered, and that sufficient proof
is produced that it was actually stolen by a citizen of the United States.
And the said Maha tribe engage, on the requisition or demand of the
President of the United States, or of the agents, to deliver up any
white man resident among them.

Article 6.

furnishedSbetthem to An(l the Chiefs and Warriors, as aforesaid, promise and engage, that
those hostile to iMted their tribe will never, by sale, exchange, or as presents, supply any
states. nation, tribe, or band of Indians, not in amity with the United States,

with guns, ammunition, or other implements of war.

TREATY WITH THE SHAWNEE, 1825.

Nov. 7, 1825. Articles of a convention made between 'William Ola/rk , Superintend-
7 stat., 284. enf of Indian Affairs , and the undersigned Chiefs and Head Men of

30Pi825amatloD’ ec' the Shawonee Nation of Indians, residing within the State of Mis¬
souri, duly authorized and empowered by said Nation, at the City of
St. Louis , on the seventh day of November, in the year of our Lord one
thousand eight hundred and twenty-jive.

preamble. Whereas the Shawnee Indians were in possession of a tract of land

near Cape Geredeau, in the State of Missouri, settled under a permis¬
sion from the Spanish Government, given to the said Shawnees and
Delawares by the Baron De Carondelet, on the fourth day of January,
one thousand seven hundred and ninety -three, and recorded in the office
of Recorder of Land Titles at St. Louis, containing about (25) twenty-
five miles square, which said tract of land was abandoned by the Dela¬
wares, in the jrear 1815: and from which the said Shawnees, under an
assurance of receiving other lands in exchange, did remove, after hav¬
ing made valuable and lasting improvements on the same, which were
taken possession of by the citizens of the United States: And it being
the desire of the United States fully to indemnify said tribe for all
losses and injuries sustained by them by reason of such removal — the
following articles have been agreed upon, between William Clark,
Superintendent of Indian Affairs, specialty authorized on the one part,
and the undersigned Delegates of the Shawnee tribe, residing within
the State of Missouri, on the other part:

Article 1.

tbesSawnei by Tlie Shawnee tribe, do, hereby, cede and relinquish to the United
States, all their claim, interest and title, to the lands on which they
settled, near Cape Geredeau, under an authority of the Spanish gov¬
ernment as aforesaid, situate, tying, and being between the River St.
Come and Cape Geredeau, and bounded on the east by the Mississippi,
and westwardly by White Water.

Article 2.

a certaeinStmct ingex® ^ *s further agreed by the contracting parties, that, in consideration
change. of the cession aforesaid, the United States do, hereby, agree to give to

the Shawnee tribe of Indians, within the State of Missouri for them¬
selves and for those of the same nation, now residing in Ohio, who may
hereafter emigrate to the west of the Mississippi, a tract of land equal

187

TREATY WITH THE SHAWNEE, 1825.

to fifty (50) miles square, situated west of the State of Missouri, and
within the purchase lately made from the Osages, by treaty bearing
date the second day of June, one thousand eight hundred and twenty-
five, and within the following boundaries: Commencing at a point (2)
two miles north-west of the south-west corner of the State of Mis¬
souri; from thence, north, (25) twenty -five miles; thence, west, (100)
one hundred miles; thence, south, (25) twenty-five miles; thence, east,
(100) one hundred miles, to the place of beginning. But, whereas the
said Shawnee tribe had valuable and lasting improvements within the
tract of land hereby ceded, and moreover will have to incur expenses
in their removal; it is further stipulated, that, for the purpose of ren¬
dering a fair equivalent for the losses and inconveniences which said
tribe will sustain by removal, and to enable them to obtain supplies in
their new settlements, the United States agree to pay to the tribe emi¬
grating from the lands herein ceded, the sum of fourteen thousand
dollars, which amount shall be paid to said party of the second part,
as soon as practicable after the ratification of this treaty; five thou¬
sand dollars of which amount shall be furnished in domestic animals,
implements of husbandry, and provisions, as soon as the said tribe
remove upon the lands assigned them.

Article 3.

It is further stipulated, that a deputation of the said parties of the
second part may be sent to explore the lands assigned to them in the
preceding article; and if the same be not acceptable to them, upon an
examination of the same, which shall be had, and made known to the
Superintendent of Indian affairs at St. Louis, on or before April next,
who shall, in lieu thereof, assign to them an equal quantity of land, to
be selected on the Kansas River, and laid off either south or north of
that river, and west of the boundary of Missouri, not reserved or ceded
to any other tribe.

Article 4.

It appearing that the Shawnee Indians have various claims against
the citizens of the United States to a large amount, for spoliations of
various kinds, but which they have not been able to support by the testi¬
mony of white men; the United States, in order to a final settlement of
all such claims, do hereby agree to pay to the Shawnee nation, the sum
of (11,000) eleven thousand dollars, to be distributed by them in such
way as may be deemed equitable; and to support and keep a blacksmith
for their use on the lands hereby assigned, for the term of five years,
or as long as the President may deem advisable; and it is further stipu¬
lated, that the United States shall furnish for the use of the Shawnees,
the tools necessary for the blacksmith’s shop, and (300) three hundred
pounds of iron annually, to be furnished at the expense of the United
States.

Article 5.

The friendship heretofore existing between the United States and
the Shawnee Nation, is, hereby, renewed and perpetuated.

Article 6.

These articles shall take effect, and become obligatory on the con¬
tracting parties, so soon as the same shall be ratified by the President,
by and with the advice and consent of the Senate of the United States.

Further stipulation.

A deputation to ex¬
plore the lands.

Payment of claims
gainst citizens of
Jnited States.

Tools, etc. for the
use of a blacksmith,
to be furnished.

Friendship re¬
newed.

Treaty obligatory
when ratified.

188

TREATY WITH THE CREEKS, 1826.

Jan. 24, 1826.

7 Stat., 286.
Proclamation, Apr.
22, 1826.

Preamble.

Treaty of Indian
Springs declared null
and void.

Lands ceded to the
United States.

TREATY WITH THE CREEKS, 1826.

Articles of a treaty made at the City of Washington , this twenty-fourth
day of January, one thousand eight hundred. and, twenty -six, between'
James Barbour , Secretary of War, thereto specially , authorized by the
President of the United States, and the undersigned, Chiefs and
Head Men of the Creek Nation of Indians, who have received full
power from the said Nation to conclude and arrange all the matters
herein provided for.

Whereas a treaty was concluded at the Indian Springs, on the twelfth
day of February last, between Commissioners on the part of the United
States, and a portion of the Creek Nation, by which an extensive
district of country was ceded to the United States.

And whereas a great majority of the Chiefs and Warriors of the said
Nation have protested against the execution of the said Treaty, and
have represented that the same was signed on their part by persons
having no sufficient authority to form treaties, or to make cessions, and
that the stipulations in the said Treaty are, therefore, wholly void.

And whereas the United States are unwilling that difficulties should
exist in the said Nation, which may eventually lead to an intestine war,
and are still more unwilling that any cessions of land should be made
to them, unless with the fair understanding and full assent of the Tribe
making such cession, and for a just and adequate consideration, it
being the policy of the United States, in all their intercourse with the
Indians, to treat them justly and liberally, as becomes the relative
situation of the parties.

Now, therefore, in order to remove the difficulties which have thus
arisen, to satisfy the great body of the Creek Nation, and to reconcile
the contending parties into which it is unhappily divided, the following
articles have been agreed upon and concluded, between James Bar¬
bour, Secretary of War, specially authorized as aforesaid, and the said
Chiefs and Head Men representing the Creek Nation of Indians:

Article 1.

The Treaty concluded at the Indian Springs, on the twelfth day of
February, one thousand eight hundred and twenty -five, between Com¬
missioners on the part of the United States and the said Creek Nation
of Indians, and ratified by the United States on the seventh day of
March, one thousand eight hundred and twenty -five, is hereby declared
to be null and void, to every intent and purpose whatsoever; and every
right and claim arising from the same is hereby cancelled and sur¬
rendered.

Article 2.

The Creek Nation of Indians cede to the United States all the land
belonging to the said Nation in the State of Georgia, and lying on the
east side of the middle of the Chatahoochie river. And, also, another
tract of land lying within the said State, and bounded as follows: Begin¬
ning at a point on the western bank of the said river, forty -seven miles
below the point where the boundary line between the Creeks and Cher-
okees strikes the Chatahoochie river, near the Buzzard’s Roost, meas¬
uring the said distance in a direct line, and not following the meanders
of the said river; and from the point of beginning, running in a direct
line to a point in the boundary line, between the said Creeks and the
Cherokees, thirty miles west of the said Buzzard’s Roost; thence to
the Buzzard’s Roost, and thence with the middle of the said river to
the place of beginning.

TREATY WITH THE CREEKS, 1826.

Article 3.

Immediately after the ratification of this Treaty, the United States
agree to pay to the Chiefs of the said Nation the sum of two hundred
and seventeen thousand six hundred dollars to he divided among the
Chiefs and Warriors of the said Nation.

Article 4.

The United States agree to pay to the said Nation an additional per¬
petual annuity of twenty thousand dollars.

Article 5.

The difficulties which have arisen in the said nation, in consequence
of the Treaty of the Indian Springs, shall be amicably adjusted, and
that portion of the Creek Nation who signed that treaty shall be ad¬
mitted to all their privileges, as members of the Creek Nation, it being
the earnest wish of the United States, without undertaking to decide
upon the complaints of the respective parties, that all causes of dissat¬
isfaction should be removed.

Article 6.

That portion of the Creek Nation, known as the friends and follow¬
ers of the late General William McIntosh, having intimated to the
government of the United States their wish to remove west of the Mis¬
sissippi, it is hereby agreed, with their assent, that a deputation of
five persons shall be sent by them, at the expense of the United States,
immediately after the ratification of this treaty, to examine the Indian
country west of the Mississippi, not within either of the States or Ter¬
ritories, and not possessed by the Choctaws or Cherokees. And the
United States agree to purchase for them, if the same can be conven¬
iently done upon reasonable terms, wherever they may select, a country,
whose extent shall, in the opinion of the President, be proportioned to
their numbers. And if such purchase cannot be thus made, it is then
agreed that the selection shall be made where the President may think
proper, just reference being had to the wishes of the emigrating party.

Article 7.

The emigrating party shall remove within twenty-four months, and
the expense of their removal shall be defrayed by the United States.
And such subsistence shall also be furnished them, for a term not ex¬
ceeding twelve months after their arrival at their new residence, as, in
the opinion of the President, their numbers and circumstances may
require.

Article 8.

An agent, or sub-agent and Interpreter, shall be appointed to accom¬
pany and reside with them. And a blacksmith and wheelwright shall
be furnished by the United States. Such assistance shall also be ren¬
dered to them in their agricultural operations, as the President may
think proper.

Article 9.

In consideration of the exertions used by the friends and followers
of General McIntosh to procure a cession at the Indian Springs, and
of their past difficulties and contemplated removal, the United States
agree to present to the Chiefs of the party, to be divided among the
Chiefs and Warriors, the sum of one hundred thousand dollars, if such

189

PaymeDt to said
nation.

Perpetual annuity.

Difficulties to be ad¬
justed, etc.

A deputation to ex¬
amine the Indian
country west of the
Mississippi, etc.

Emigrating party
to remove within
twenty-four months,
etc.

An agent, etc., to be
appointed * to reside
with them.

Presents to Indians.

190

TREATY WITH THE CEEEKS, 1826.

Certain damages to
be ascertained, etc.

Commissioners to
value improvements.

Possession of coun¬
try ceded.

Guarantee by United
States.

Authority of the
President.

Liberty granted the
Creeks.

Commissioners to at¬
tend the running of
the lines.

Treaty binding
"When ratified.

party shall amount to three thousand persons, and in that proportion
for any smaller number. Fifteen thousand dollars of this sum to be
paid immediately after the ratification of this treaty, and the residue
upon their arrival in the country west of the Mississippi.

Article 10.

It is agreed by the Creek Nation, that an agent shall be appointed
by the President, to ascertain the damages sustained by the friends
and followers of the late General McIntosh, in consequence of the
difficulties growing out of the Treaty of the Indian Springs, as set
forth in an agreement entered into with General Gaines, at the Broken
Arrow, and which have been done contrary to the laws of the Creek
Nation; and such damages shall be repaired by the said Nation, or the
amount paid out of the annuity due to them.

Article 11.

All the improvements which add real value to any part of the land
herein ceded shall be appraised by Commissioners, to be appointed by
the President; and the amount thus ascertained shall be paid to the
parties owning such improvements.

Article 12.

Possession of the country herein ceded shall be yielded by the Creeks
on or before the first day of January next.

Article 13.

The United States agree to guarantee to the Creeks all the country,
not herein ceded, to which they have a just claim, and to make good
to them any losses they may incur in consequence of the illegal con¬
duct of any citizen of the United States within the Creek country.

Article 14.

The President of the United States shall have authority to select, in
some part of the Creek country, a tract of land, not exceeding two
sections, where the necessary public buildings may be erected, and the
persons attached to the agency may reside.

Article 15.

Wherever any stream, over which it may be necessary to establish
ferries, forms the boundary of the Creek country, the Creek Indians
shall have the right of ferriage from their own land, and the citizens
of the United States from the land to which the Indian title is extin¬
guished.

Article 16.

The Creek Chiefs may appoint three Commissioners from their own
people, who shall be allowed to attend the running of the lines west of
the Chatahoochy river, and whose expenses, while engaged in this
duty, shall be defrayed by the United States.

Article 17.

This treaty, after the same has been ratified by the President and
Senate, shall be obligatory on the United States and on the Creek
Nation.

191

TBE A.TY WITH THE CHIPPEWAS, 1826.

Supplementary Article to the Creek Treaty of the Twenty-
fourth January, 1826.

Whereas a stipulation in the second article of the Treaty of the
twenty-fourth day of January , 1826, between the undersigned, parties
to said Treaty, provides for the running of a line “ beginning at a
point on the western bank of the Chatahooehee river, forty-seven
miles^ below the point where the boundary line between the Creeks
and Cherokees strikes the said river, near the Buzzard’s Roost, meas¬
uring the said distance in a direct line, and not following the meanders
of the said river, and from the point of beginning, running in a direct
line to a point in the boundary line between the said Creeks and the
Cherokees, thirty miles west of the said Buzzard’s Roost, thence to
the Buzzard’s Roost, and thence with the middle of said river to the
place of beginning.” And whereas it having been represented to the
party to the said Treaty in behalf of the Creek Nation, that a certain
extension of said lines might embrace in the cession all the lands which
will be found to lie within the chartered limits of Georgia, and which
are owned by the Creeks, the undersigned do hereby agree to the fol¬
lowing extension of said lines, viz: In the place of “ forty-seven miles,”
as stipulated in the second article of the Treaty aforesaid, as the point
of beginning, the undersigned agree that it shall b * fifty miles, in a
direct line below the point designated in the second article of said
Treaty; thence running in a direct line to a point in the boundary line
between the Creeks and Cherokees, forty-jive miles west of said Buz¬
zard’s Roost, in the place of “ thirty miles,” as stipulated in said Treaty;
thence to the Buzzard’s Roost, and thence to the place of beginning —
it being understood that these lines are to stop at their intersection
with the boundary line between Georgia and Alabama, wherever that
may be, if that line shall cross them in the direction of the Buzzard’s
Roost, at a shorter distance than it is provided they shall run; and
provided, also, that if the said dividing line between Georgia and Ala¬
bama shall not be reached by the extension of the two lines aforesaid,
the one three, and the other fifteen miles, they are to run and termi¬
nate as defined in this supplemental article to the Treaty aforesaid.

It is hereby agreed, in consideration of the extension of said lines,
on the part of the other party to the Treaty aforesaid, in behalf of the
United States, to pay to the Creek Nation, immediately upon the rati¬
fication of said Treaty, the sum of thirty thousand dollars.

TREATY WITH THE CHIPPEWAS, 1826.

Articles of a treaty made and concluded at the Font du Lac of Lake
Superior, this fifth day of August, in the year of our Lord one thou¬
sand eight hundred and twenty-six, between Lewis Cass and Thomas
L. Me Kenney, Commissioners on the part of the United States , and
the Chippewa Tribe of Indians.

Whereas a Treaty was concluded at Prairie du Chien in August
last, by which the war, which has been so long carried on, to their
mutual distress, between the Chippewas and Sioux, was happily termi¬
nated by the intervention of the United States; and whereas, owing to
the remote and dispersed situation of the Chippewas, full deputations of
their different bands did not attend at Prairie du Chien, which circum¬
stance, from the loose nature of the Indian government, would render
the Treaty of doubtful obligation, with respect to the bands not repre¬
sented; and whereas, at the request of the Chippewa Chiefs, a stipula¬
tion was inserted in the Treaty of Prairie du Chien, by which the United
States agreed to assemble the Chippewa Tribe upon Lake Superior

Mar. 31, 1826.

7 Stat., 289.

Further cession.

Payment to Creeks.

Aug. 5, 1826.

7 Stat., 290.
Proclamation, Feb.
1827.

Preamble.

192

TREATY WITH THE CHIPPEWAS, 1826.

during the present year, in order to give full effect to the said Treat}",
to explain its stipulations and to call upon the whole Chippewa tribe,
assembled at their general council fire, to give their formal assent
thereto, that the peace which has been concluded may be rendered per¬
manent, therefore —

Article 1.

treaty a<)f aprairie *du ^he Chiefs and Warriors of the Chippewa Tribe of Indians hereby

chien. ° u fully assent to the Treaty concluded in August last at Prairie du Chien,

and engage to observe and fulfil the stipulations thereof.

Article 2.

sent to Green°Bay? be ^ deputation shall be sent by the Chippewas to the Treaty to be
held in 1827, at Green Bay, with full power to arrange and fix the
boundary line between the Chippewas and the Winnebagoes and
Menomonees, which was left incomplete by the treaty of Prairie du
Chien, in consequence of the non-attendance of some of the principal
Menomonee Chiefs.

Article 3.

Metals or minerals. The Chippewa tribe grant to the government of the United States
the right to search for, and carry away, any metals or minerals from
any part of their country. But this grant is not to affect the title of
the land, nor the existing jurisdiction over it.

Article 4.

onhe^Sf-See^s6 use ^ being deemed important that the half-breeds, scattered through
this extensive country, should be stimulated to exertion and improve¬
ment by the possession of permanent property and fixed residences,
the Chippewa tribe, in consideration of the affection they bear to
these persons, and of the interest which they feel in their welfare,
grant to each of the persons described in the schedule hereunto annexed,
being half-breeds and Chippewas by descent, and it being understood
that the schedule includes all of this description who are attached to
the Government of the United States, six hundred and forty acres of
land, to be located, under the direction of the President of the United
States, upon the islands and shore of the St. Mary’s river, wherever
good land enough for this purpose can be found; and as soon as such
locations are made, the jurisdiction and soil thereof are hereby ceded.
It is the intention of the parties, that, where circumstances will per¬
mit, the grants be surveyed in the ancient French manner, bounding
not less than six arpens, nor more than ten, upon the river, and run¬
ning back for quantity; and that where this cannot be done, such
grants be surveyed in any manner the President may direct. The
locations for Oshauguscodaywayqua and her descendents shall be
adjoining the lower part of the military reservation, and upon the
head of Sugar Island. The persons to whom grants are made shall
not have the privilege of conveying the same, without the permission
of the President.

Article 5.

moneyor^' goods’ °to be consideration of the poverty of the Chippewas, and of the sterile

paid them. nature of the country they inhabit, unfit for cultivation, and almost

destitute of game, and as a proof of regard on the part of the United
States, it is agreed that an annuity of two thousand dollars, in money
or goods, as the President may direct, shall be paid to the tribe, at
the Sault St. Marie. But this annuity shall continue only during the
pleasure of the Congress of the United States.

193

TREATY WITH THE CHIPPEWAS, 1826.

Article 6.

With a view to the improvement of the Indian youths, it is also Annual payment fof
agreed, that an annual sum of one thousand dollars shall be appropri- $drSH“nt ot
ated to the support of an establishment for their educatipn, to he
located upon some part of the St. Mary’s river, and the money to be
expended under the direction of the President; and for the accommo¬
dation of such school, a section of land is hereby granted. But the
payment of the one thousand dollars stipulated for in this article, is
subject to the same limitation described in the preceding article.

Article 7.

The necessity for the stipulations in the fourth, fifth and sixth articles Rejection of certain
of this treaty could be fully apparent, only from personal observation the validity ^f^the
of the condition, prospects, and wishes of the Chippewas, and the Com- others-
missioners were therefore not specifically instructed upon the subjects
therein referred to; but seeing the extreme poverty of these wretched
people, finding them almost naked and starving, and ascertaining that
many perished during the last winter, from hunger and cold, they were
induced to insert these articles. But it is expressly understood and
agreed, that the fourth, fifth and sixth articles, or either of them, may be
rejected by the President and Senate, without affecting the validity of
the other articles of the treaty.

Article 8.

The Chippewa tribe of Indians fully acknowledge the authority and
jurisdiction of the United States, and disclaim all connection with any
foreign power, solemnly promising to reject any messages, speeches, or
councils, incompatible with the interest of the United States, and to
communicate information thereof to the proper agent, should any such
be delivered or sent to them.

Authority of United
States acknowledged.

Article 9.

This treaty, after the same shall be ratified by the President and Ratification.
Senate of the United States, shall be obligatory on the contracting
parties.

Supplementary Article.

As the Chippewas who committed the murder upon four American
citizens, in June, 1824, upon the shores of Lake Pepin, are not present
at this council, but are far in the interior of the country, so that they
cannot be apprehended and delivered to the proper authority before the
commencement of the next Summer; and, as the Commissioners have
been specially instructed to demand the surrender of these persons, and
to state to the Chippewa tribe the consequence of suffering such a fla¬
gitious outrage to go unpunished, it is agreed, that the persons guilty
of the beforementioned murder shall be brought in, either to the Sault
St. Marie, or Green Bay, as early next summer as practicable, and sur¬
rendered to the proper authority; and that, in the mean time, all further
measures on the part of the United States, in relation to this subject,
shall be suspended.

Schedule referred to in the preceding Treaty.

To Oshauguscodaywagqua, wife of John Johnston, Esq. to each of
her children, and to each of her grand children, one section.

S. Doc. 452—13

194

TREATY WITH THE CHIPPEWAS, 1826.

To Saugemauqua, widow of the late John Baptiste Cadotte, and to
her children, Louison, Sophia, Archangel, Edward, and Polly, one sec¬
tion each.

To Keneesequa, wife of Samuel Ashman, and to each of her children,
one section.

To Teegaushau, wife of Charles H. Oakes, and to each of her chil¬
dren, one section.

To Thomas Shaw, son of Obimetunoqua, and to his wife Mary, being '
also of Indian descent, each one section.

To Fanny Levake, daughter of Meeshwauqua, and to each of her
children, one section.

To Obayshaunoquotoqua, wife of Francis Goolay, Jr. one section.

To Omuekackeence, wife of John Holiday, and to each of her chil¬
dren, one section.

To Obimegeezhigoqua, wife of Joseph Due Chene, Jr. and to each
of her children, one section.

To Monedoqua, wife of Charles Cloutier, one section.

To Susan Yarns, daughter of Odanbitogeezhigoqua, one section.

To Henry Sayer and John Sayer, sons of Obemau unoqua, each one
section.

To each of the children of John Tanner, being of Chippewa descent,
one section.

To Wassidjeewunoqua, and to each of her children, by George John¬
ston, one section.

To Michael Cadotte, senior, son of Equawaice, one section.

To Equaysayway, wife of Michael Cadotte, senior, and to each of
her children living within the United States, one section.

To each of the children of Charlotte Warren, widow of the late Tru¬
man A. Warren, one section.

To Mary Chapman, daughter of Equameeg, and wife of Bela Chap¬
man, and to each of her children, one section.

To Saganoshequa. wife of John H. Fairbanks, and to each of her
children, one section.

To Shaughunomonee, wife of William Morrison, and to each of her
children, one section.

To each of the children of the late Ingwaysuh, wife of Joseph Cote,
one section.

To each of the children of Angelique Cote, late wife of Pierre Cote,
one section.

To Pazhikwutoqua, wife of William Aitken, and to each of her chil¬
dren, one section.

To Susan Davenport, grand daughter of Misquabunoqua, and wife
of Ambrose Davenport, and to each of her children, one section.

To Waubunequa, wife of Augustin Belanger, and to each of her
children, one section.

To Charlotte Louisa Morrison, wife of Allan Morrison, and daughter
of Manitowidjewung, and to each of her children, one section.

To each of the children of Eustace Roussain, by Shauwunaubunoqua,
Wauwaussumoqua, and Payshaubunoqua, one section.

To Isabella Dinglev, wife of Daniel Dingley and daughter of Pime-
geezhigoqua, and to each of her children, one section.

To George Birkhead, being a Chippewa by descent, one section.

To Susan Conner, wife of Thomas Conner, and daughter of Pime-
geezhigoqua, and to each of her children, one section.

To the children of George Ermatinger, being of Shawnee extraction,
two sections collectively.

To Ossinahjeeunoqua, wife of Michael Cadotte, Jr. and to each of
her children, one section.

To Minedemoeyah, wife of Pierre Duvernav, one section.

To Ogeemaugeezhigoqua, wife of Basil Boileau, one section.

To Wauneaussequa, wif e of Paul Boileau, one section.

295

TREATY WITH THE POTAWATOMIES, 1826.

To Kaukaubesheequa, wife of John Baptiste Corbeau, one section.

To John Baptiste Du Chene, son of Pimegeizhigoqua, one section.

To each of the children of Ugwudaushee, b}T the late Truman A.
Warren, one section.

To William Warren, son of Lyman M. Warren, and Marv Cadotte,
one section.

To Antoine, Joseph, Louis, Chalot, and Margaret Charette, children
of Equameeg, one section.

To the children of Francois Boutcher, by Waussequa, each one
section.

To Angelique Brabent, daughter of Waussegundum, and wife of
Alexis Brabent, one section.

To Odishqua, of Sault St. Marie, a Chippewa, of unmixed blood, one
section.

To Pamidjeewung, of Sault St. Marie, a Chippewa, of unmixed
blood, one section.

To W aybossinoqua, and John J. Wayishkee, children of Wayishkee,
each one section.

TREATY WITH THE POTAWATOMIES, 1826.

Articles of a treaty made and concluded near the mouth of the Missis- 0ct- 16< 1826-
sinewa , upon the I Vabash, in the State of Indiana, this sixteenth day vstat., 295.
of October, in the year of our Lord one thousand eight hundred and 7, ^7clamation> Feb-
twenty-six , between Lewis Cass, James B. Bay, and John Tipton,

Commissioners on the part of the. United States , and the Chiefs and
Warriors of the Potawatamie Tribe of Indian.

Article 1.

The Potawatamie tribe of Indians cede to the United States their TJan acceded, to
right to all the land within the following limits: Beginning on the Tip- TT"lWI s,ot”
peeanoe river, where the Northern boundary of the tract ceded by the
Potawatamies to the United States by the treaty of St. Mary’s, in the
year of our Lord one thousand eight hundred and eighteen intersects
the same; thence, in a direct line, to a point on Eel river, half way
between the mouth of the said fiver and Pierish’s village; thence up
Eel River, to Seek’s village, near the head thereof; thence, in a direct
line, to the mouth of a creek emptying into the St. Joseph’s of the
Miami, near Metea’s village; thence, up the St. Joseph’s, to the
boundary line between the States of Indiana and Ohio; thence, South
to the Miami; thence, up the same, to the reservation at Fort Wayne;
thence, with the lines of the said reservation, to the boundary estab¬
lished by the treaty with the Miamies in one thousand eight hundred
and eighteen; thence, with the said line, to the Wabash river; thence,
with the same river, to the mouth of the Tippecanoe river; and thence,
with the said Tippecanoe river, to the place of beginning. And the
said tribe also cede to the United States, all their right to land within
the following limits; Beginning at a point upon Lake Michigan, ten
miles due north of the southern extreme thereof: running thence, due
east, to the land ceded by the Indians to the United States by the treaty
of Chicago; thence, south, with the boundary thereof, ten miles;
thence, west, to the southern extreme of Lake Michigan ; thence, with
the shore thereof, to the place of beginning.

Article 2.

As an evidence of the attachment which the Potawatamie tribe feel
towards the American people, and particularly to the soil of Indiana,
and with a view to demonstrate their liberality, and benefit themselves

Further cession.

196

TREATY WITH THE POTAWATOMIES, 1826.

Annuity for twenty-
two years.

Payment in goods.

United States agree
to pay certain claims
against Potawatomi.

Grants to persons
named in the sched¬
ule annexed.

by creating facilities for travelling and increasing the value of their
remaining country, the said tribe do hereby cede to the United States,
a strip of land, commencing at Lake Michigan, and running thence to
the Wabash river, one hundred feet wide, for a road, and also, one sec¬
tion of good land contiguous to the said road, for each mile of the same,
and also for each mile of a road from the termination thereof, through
Indianapolis to the Ohio river, for the purpose of making a road afore¬
said from Lake Michigan, by the way of Indianapolis, to some conven¬
ient point on the Ohio river. And the General Assembly of the State
of Indiana shall hare a right to locate the said road , and to apply the
said sections , or the proceeds thereof , to the making of the same, or amj
part thereof; and the said grant shall be at their sole disposal. {a)

Article 3.

In consideration of the cessions in the first article, the United States
agree to pay to the Potawattamie tribe, an annuity of two thousand
dollars in silver, for the term of twenty-two years, and also to provide
and support a black-smith for them at some convenient point; to appro¬
priate, for the purposes of education, the annual sum of two thousand
dollars, as long as the Congress of the United States may think proper,
to be expended as the President may direct; and also, to build for them
a mill, sufficient to grind corn, on the Tippecanoe river, and to pro¬
vide and support a miller; and to pay them annually one hundred and
sixty bushels of salt; all of which annuities, herein specified, shall be
paid by the Indian Agent at Fort Wayne.

Article 4.

The Commissioners of the United States have caused to be delivered
to the Potawatamie tribe, goods to the value of thirty thousand five
hundred and forty-seven dollars and seventy -one cents in goods, in
consideration of the cessions in the first article of this treaty. Now,
therefore, it is agreed, that, if this treaty should be ratified by the
President and Senate of the United States, the United States shall pay
to the persons named in the schedule this day transmitted to the War
Department, and signed by the Commissioners, the sums affixed to
their names respectively, for goods furnished by them, and amount¬
ing to the said sum of thirty thousand five hundred and forty-seven
dollars and seventy-one cents, and also, to the persons who may
furnish the said further sum, the amount of nine hundred dollars
thus furnished. And it is also agreed, that payment for all these
goods shall be made by the Potawatamie tribe out of their annuity, if
this treaty should not be ratified by the United States.

Article 5.

The Potawatamie tribe being anxious to pay certain claims existing
against them, it is agreed, as a part of the consideration for the ces¬
sions in the first article, that these claims, which are stated in a sched¬
ule this day signed by the Commissioners, and transmitted to the War
Department, and amounting to the sum of nine thousand five hundred
and seventy-three dollars.

Article 6.

The United States agree to grant to each of the persons named in
the schedule hereunto annexed, the quantity of land therein stipulated
to be granted; but the land, so granted, shall never be conveyed by

(a) These words in Italics were struck out by the Senate.

TREATY WITH THE POT AW ATOMIES, 1826.

197

either of the said persons, or their heirs, without the consent of the
President of the United States; and it is also understood, that any of
these grants may be expunged from the schedule, by the President or
Senate of the United States, without affecting any other part of the
treaty.

Article 7.

The Potawatamie Indians shall enjoy the right of hunting upon any
part of the land hereby ceded, as long as the same shall remain the
property of the United States.

Article 8.

The President and Senate of the United States may reject any
article of this treaty, except those which relate to the consideration
to be paid for the cessions of the land; and such rejection shall not
affect any other part of the treaty.

Article 9.

This treaty, after the same shall be ratified by the President and
Senate, shall be binding upon the United States.

Schedule of grants referred to in the foregoing Treaty.

To Abraham Burnett, three sections of land; one to be located at
and to include Wynemac’s village, the centre of the line on the Wabash
to be opposite that village, and running up and down the river one mile
in a direct line, and back for quantity; the two other sections, com¬
mencing at the upper end of the Prairie, opposite the mouth of the
Passeanong creek, and running down two miles in a direct line, and
back, for quantity.

To Nancy Burnett, Rebecca Burnett, James Burnett, and William
Burnett, each one section of land, to be located under the direction of
the President of the United States; which said Abraham, Nancy,
Rebecca and James, are the children, and the said William is the grand¬
child of Kaukeama, the sister of Topenibe, the principal Chief of the
Potawatamie tribe of Indians.

To Eliza C. Kercheval, one section on the Miami river, commencing
at the first place where the road from Fort Wayne to Defiance strikes
the Miami on the north side thereof, about five miles below Fort
Wayne, and from that point running half a mile down the river, and
half a mile up the river, and back for quantity.

To James Knaggs, son of the sister of Okeos, Chief of the river
Huron Potawatamies, one half section of land upon the Miami, where
the boundary line between Indiana and Ohio crosses the same.

To the children of Joseph Barron, a relation of Richardville, prin¬
cipal Chief of the Miamies, three sections of land, beginning at the
mouth of Eel River, running three miles down the W abash in a direct
line, thence back for quantity.

To Zachariah Cicott, who is married to an Indian woman, one sec¬
tion of land, below and adjoining Abraham Burnett’s land, and to be
located in the same wav.

To Baptiste Cicott, Sophi Cicott, and Emelia Cicott, children of
Zachariah Cicott, and an Indian woman, one half section each, adjoin¬
ing and below the section granted to Zachariah Cicott.

To St. Luke Bertrand and Julia Ann Bertrand, children of Madeline
Bertrand, a Potawatamie woman, one section of land, to be located
under the direction of the President of the United btates.

Hunting.

Certain articles
only may be rejected.

Treaty binding
when ratified.

Land granted to
each of the following
persons by the sixth
article.

198

TKEATY WITH THE POTAWATOMIES, 1826.

To the children of Stephen Johnson, killed by the Potawatamie
Indians, one half section of land, to be located under the direction of
the President of the United States.

To each of the following persons, Indians by birth, and who are
now, or have been, scholars in the Carey Mission School, on the St.
Joseph’s, under the direction of the Rev. Isaac M‘Coy, one quarter
section of land, to be located under the direction of the President of
the United States; that is to say: Joseph Bourissa, Noaquett, John
Jones, Nuko, Soswa, Manotuk, Betsey Ash, Charles Dick, Susanna
Isaacs, Harriet Isaacs, Betsey Plummer, Angelina Isaacs, Jemima
Isaacs, Jacob Corblv, Konkapot, Celicia Nimham, Mark Bourissa, Jude
Bourissa, Annowussau, Topenibe, Terrez, Sheshko, Louis Wilmett,
Mitchel Wilmett, Lezett Wilmett, Esther Baily, Roseann Baily, Elea¬
nor Baily, Quehkna, William Turner, Chaukenozwoh, Lazarus Bourissa,
Achan Bourissa, Achemukquee, Wesauwau, Peter Moose, Ann Sharp,
Joseph Wolf, Misnoqua, Pomoqua, Wymego, Cheekeh, Wauwossemo-
qua, Meeksumau, Kakautmo, Richard Clements, Louis M‘Neff, Shosh-
qua, Nscotenama, Chikawketeh, Mnsheewoh, Saugana, Msonkqua,
Mnitoqua, Okutcheek, Naomi G. Browning, Antoine, St. Antoine,
Mary; being in all fifty-eight.

To Jane Martin and Betsey Martin, of Indian descent, each one sec¬
tion of land, to be located under the direction of the President of the
United States.

To Mary St. Combe, of Indian descent, one quarter section of land,
to be located under the direction of the President of the United States.

To Francois Duquindre, of Indian descent, one section of land, to be
located under the direction of the President of the United States.

To Baptiste Jutreace, of Indian descent, one half section of land, to
be located under the direction of the President of the United States.

To John B. Bourie, of Indian descent, one section of land, to be
located on the Miami river, adjoining the old boundary line below Fort
W ayne.

To Joseph Parks, an Indian, one section of land, to be located at the
point where the boundary line strikes the St. Joseph’s, near Metea’s
village.

To George Cicott, a Chief of the Potawatamies, three sections and
a half of land; two sections and a half of which to be located on the
Wabash, above the mouth of Crooked creek, running two miles and a
half up the river, and back for quantity, and the remaining section at
the Falls of Eel river, on both sides thereof.

To James Conner, one section of land; to Henry Conner, one sec¬
tion; and to William Conner, one section; beginning opposite the upper
end of the Big Island, and running three miles in a direct line down
the Wabash, and back for quantity.

To Hyacinth Lassel, two sections of land, to be located under the
direction of the President of the United States.

To Louison, a half Potawatamie, two sections of land, to be located
under the direction of the President of the United States.

Note. — The Senate, in ratifying the foregoing treaty, excepted the words in Art. 2
which are printed in italics, and expressed their understanding that the meaning of
Art. 5 is, that the money therein mentioned shall be paid by the United States to the
individuals named in the schedule referred to therein.

TREATS' WITH THE MI AMIS, 1826.

199

TREATY WITH THE MIAMIS, 1826.

Articles of a treaty made and concluded, near the mouth of the Missis- Qct. 23, me.
sinewa , upon the Wabash , in the State of Indiana, this twenty-third fstat., soo.
day of October, in the year of our Lord one thousand eight hundred 24Pi827amatl0n’ Jan'
and twenty-six, between Lewis Cass, James B. Bay, and John Tip-
ton, Commissioners on the part of the United States, and the Chiefs
and Warriors of the Miami Tribe of Indians.

Article 1.

The Miami Tribe of Indians cede to the United States all their claim ^ea state? t0 the
to land in the State of Indiana, north and west of the Wabash and
Miami rivers, and of the cession made by the said tribe to the United
States, by the treaty concluded at St. Mary’s October 6, 1818.

Article 2.

From the cession aforesaid, the following reservations, for the use use ofsaid t°ribe°r the
of the said tribe, shall be made:

Fourteen sections of Land at Seek’s ‘village;

Five sections for the Beaver, below and adjoining the preceding
reservation ;

Thirty-six sections at Flat Belly’s Village;

Five sections for Little Charley, above the old village, on the North
side of Eel river;

One section for Laventure’s daughter, opposite the Islands, about
fifteen miles below Fort Wayne;

One section for Chapine, above, and adjoining Seek’s village;

Ten sections at the White Raccoon’s village;

Ten sections at the mouth of Mud Creek, on Eel river, at the old
village;

Ten sections at the forks of the Wabash;

One reservation commencing two miles and a half below the mouth
of the Mississinewa, and running up the W abash five miles, with the
bank thereof, and from these points running due north to Eel river.

And it is agreed, that the State of Indiana may lay out a canal or a
road through any of these reservations, and for the use of a canal, six tions.
chains along the same are hereby appropriated.

Article 3.

There shall be granted to each of the persons named in the schedule to be conveyed with-
hereunto annexed, and to their heirs, the tracts of land therein desig- out the consent ot the
nated; but the land so granted shall never be conveyed without the
consent of the President of the United States.

Article 4.

The Commissioners of the United States have caused to be delivered Payment m goods,
to the Miami tribe goods to the value of $31,040.53, in part considera¬
tion for the cession herein made; and it is agreed, that if this treaty
shall be ratified by the President and Senate of the United States, the
United States shall pay to the persons, named in the schedule this day
signed by the Commissioners, and transmitted to the "W ar Department,
the sums affixed to their names respectively, for goods furnished by
them, and amounting to the sum of $31,040.53. And it is further
agreed, that payment for these goods shall be made by the Miami tribe Further agreement,
out of their annuity, if this treaty be not ratified by the United States.

200

TREATY WITH THE MIAMIS, 1826.

Additional pay¬
ment in goods.

Annuity.

A wagon, etc., to be
furnished certain per¬
sons.

A house for certain
persons.

Cattle, etc., for said
tribe.

Further provision.

Claims against said
tribe to be paid by
United States.

Appropriation for
the support of the
poor and infirm.

Further agreement.

Indians to enjoy the
right of hunting, etc.

And the United States further engage to deliver to the said tribe, in
the course of the next summer, the additional sum of $26,259.47 in
goods.

And it is also agreed, that an annuity of thirty-five thousand dollars,
ten thousand of which shall be in goods, shall be paid to the said tribe
in the year one thousand eight hundred and twenty-seven, and thirty
thousand dollars, five thousand of which shall be in goods, in the year
one thousand eight hundred and twenty-eight; after which time a per¬
manent annuity of twenty -five thousand dollars shall be paid to them,
as long as they exist together as a tribe; which several sums are to
include the annuities due by preceding treaties to the said tribe.

And the United States further engage to furnish a wagon and one
yoke of oxen for each of the following persons: namely, Joseph Rieh-
ardville, Black Raccoon, Flat Belly, White Raccoon, Francois God-
froy, Little Beaver, Mettosanea, Seek, and Little Huron; and one
wagon and a yoke of oxen for the band living at the forks of the
Wabash.

And also to cause to be built a house, not exceeding the value of six
hundred dollars for each of the following persons: namely, Joseph
Richardville, Francois Godfroy, Louison Godfrey, Francis Lafontaine,
White Raccoon, La Gros, Jean B. Richardville, Flat Belly, and Wau-
we-as-see.

And also to furnish the said tribe with two hundred head of cattle,
from four to six years old, and two hundred head of hogs; and to cause
to be annually delivered to them, two thousand pounds of iron, one
thousand pounds of steel, and one thousand pounds of tobacco.

And to provide five labourers to work three months in the year, for
the small villages, and three labourers to work three months in the
year, for the Mississinewa band.

Article 5.

The Miami tribe being anxious to pay certain claims existing against
them, it is agreed, as a part of the consideration for the cession in the
first article, that these claims amounting to $7,727.47, and which are
stated in a schedule this day signed by the Commissioners, and trans¬
mitted to the War Department, shall be paid by the United States.

Article 6.

The United States agree to appropriate the sum of two thousand
dollars annually, as long as Congress may think proper, for the support
of poor infirm persons of the Miami tribe, and for the education of the
youth of the said tribe; which sum shall be expended under the direc¬
tion of the President of the United States.

Article 7.

It is agreed, that the United States shall purchase of the persons,
named in the schedule hereunto annexed, the land therein mentioned,
which was granted to them by the Treaty of St. Mary’s, and shall pay
the price affixed to their names respectively; the payments to be made
when the title to the lands is conveyed to the United States.

Article 8.

The Miami tribe shall enjoy the right of hunting upon the land
herein conveyed, so long as the same shall be the property of the
United States.

TREATY WITH THE CHIPPEWAS, ETC., 1827.

Article 9.

This treaty, after the same shall be ratified by the President and
Senate, shall be binding upon the United States.

Schedule of grants referred to in the foregoing Treaty , Article 3d.

To John B. Richardville, one section of land, between the mouth of
Pipe Creek and the mouth of Eel River, on the north side of the
Wabash, and one section on the north-west side of the St. Joseph,
adjoining the old boundary line; also, one half section on the east side
of the St. Joseph’s, below Cha-po-tee’s village.

To John B. Boure, one section on the north side of the St. Joseph,
including Chop-patees village.

To the wife and children of Charley, a Miami chief, one section
where they live.

To Ann Hackley and Jack Hackley, one section each, between the
Maumee and the St. Joseph’s rivers.

To the children of Maria Christiana De Rome, a half blood Miami,
one section between the Maumee and the St. Joseph’s.

To Ann Turner, alias Hackley, Rebecca Hackley, and Jane S. Wells,
each one half section of land, to be located under the direction of the
President of the United States.

To John B. Richardville, one section of land upon the north side of
the Wabash, to include a large spring nearly opposite the mouth
of Pipe Creek.

To Francois Godfroy, one section above and adjoining said last
grant to J. B. Richardville.

To Louison Godfroy, one section above and adjoining the grant to
Francois Godfroy.

To Francis Lafontaine, one section above and adjoining the grant to
Louison Godfroy.

To John B. Richardville, junior, one section on the Wabash, below
and adjoining the reservation running from the Wabash to Eel River.

To Joseph Richardville, one section above and adjoining the reser¬
vation running from the Wabash to Eel River.

To La Gros, three sections, where he now lives, and one section
adjoining the Cranberry in the Portage Prairie.

A quarter section of land to each of the following persons, namely:
Charles Gouin, Purri Gouin, and Therese Gouin, to be located under
the direction of the President of the United States.

Two sections of land at the old town on Eel River, to be reserved
for the use of the Metchinequea.

TREATY WITH THE CHIPPEWAS, ETC., 1827.

Articles of a treaty made and concluded at the Butte des Aborts, on Box
river , in the Territory of ALichigan, between Lewis Bass and Thomas
L. jf’ Kenney, Commissioners on the part of the United . States , and
the Chippewa , Menomonie , and Winebago tribes of Indians.

Article 1. Whereas, the southern boundary of the Chippewa coun¬
try, from the Plover Portage of the Ouisconsin easterly, was left
undefined by the treaty concluded at Prairie du Chien, August 19,
1825, in consequence of the non-attendance of some of the principal
Menomonie chiefs; and, whereas it was provided by the said treaty,
that, whenever the President of the United States might think proper,

201

Treaty binding
when ratified.

Aug. 11, 1827.

7 Stat., 303.
Proclamation, Feb.
23, 1829.

Chippewa southern
boundary left unde¬
fined by treaty of 1825.

202

TREATY WITH THE CHIPPEWAS, ETC., 1827.

such of the tribes, parties to the said treaty, as might be interested in
any particular line, should be convened, in order to agree upon its
establishment;

southern boundary Therefore, in pursuance of the said provision, it is agreed between
the Chippewas, Menomonies and Winebagoes, that the southern bound¬
ary of the Chippeway country shall run as follows, namely r From the
Plover Portage of the Ouisconsin, on a northeasterly course, to a point
on Wolf river, equidistant from the Ashawano and Post lakes of said
river, thence to the falls of the PashajTig river of Green Bay; thence
to the junction of the Neesau Kootag or Burnt-wood river, with the
Menomonie; thence to the big island of the Shoskinaubic or Smooth
rock river; thence following the channel of the said river to Green
Bay, which it strikes between the little and the great Bay de Noquet.
ti^between Certain Art. 2. Much difficulty having arisen from negotiations between
tribes referred to the the Menomonie and Winebago tribes and the various tribes and por-
United states.0 e tions of tribes of Indians of the State of New York, and the claims of
the respective parties being much contested, as well with relation to
the tenure and boundaries of the two tracts, claimed by the said New
York Indians, west of Lake Michigan, as to the authority of the persons
who signed the agreement on the part of the Menomonies, and the
whole subject having been fully examined at the Council this day con¬
cluded, and the allegations, proofs, and statements, of the respective
parties having been entered upon the J ournal of the Commissioners,
so that the same can be decided by the President of the United States;
it is agreed by the Menomonies and Winebagoes, that so far as respects
their interest in the premises, the whole matter shall be referred to the
President of the United States, whose decision shall be final. And
the President is authorized, on their parts, to establish such bound¬
aries between them and the New York Indians as he may consider
equitable and just.

o/uSd states Wvie 4RT‘ 3* ^ being important to the settlement of Green Bay that
to a certain tract of definite boundaries should be established between the tract claimed by
land' the former French and British governments, and the lands of the

Indians, as well to avoid future disputes as to settle the question of
jurisdiction — It is therefore agreed between the Menomonie tribe and
the United States, that the boundaries of the said tracts, the jurisdic¬
tion and title of which are hereby acknowledged to be in the United
Boundaries thereof. States, shall be as follows, namely: — Beginning on the shore of Green
Bay, six miles due north from the parallel of the mouth of Fox river,
and running thence in a straight line, but with the general course of
the said river, and six miles therefrom to the intersection of the con¬
tinuation of the westerly boundary of the tract at the Grand Kaukau-
lin, claimed by Augustin Grignion; thence on a line with the said
boundary to the same; thence with the same to Fox river; thence on
the same course, six miles; thence in a direct line to the southwestern
boundary of the tract, marked on the plan of the claims at Green
Bay, as the settlement at the bottom of the Bay; thence with the
southerly boundary of the said tract to the southeasterly corner thereof;
and thence with the easterly boundary of the said tract to Green Bay.
Proviso. Provided, that if the President of the United States should be of opin¬

ion that the boundaries thus established interfere with any just claims
of the New York Indians, the President may then change the said
boundaries in any manner he may think proper, so that the quantity
of land contained in the said tract be not greater than by the bound-
proviso. aries herein defined. And provided also, that nothing" herein con¬

tained shall be construed to have any effect upon the land claims at
Green Bay; but the same shall remain as though this treaty had not
been formed.

goods among ^he in- ART* ^* ^-n. consideration of the liberal establishment of the bound-
dians.a ° aries as herein provided for, the Commissioners of the United States

203

TREATY WITH THE POTAW ATOMIES, 1827.

have this day caused to he distributed among the Indians, goods to the
amount of fifteen thousand six hundred and eighty-two dollars, pay¬
ment for which shall be made by the United* States.

Art. 5. The sum of one thousand dollars shall be annually appro- Annual appropna-
priated for the term of three years; and the sum of fifteen hundred SiaS education of
dollars shall be annually thereafter appropriated as long as Congress
think proper, for the education of the children of the tribes, parties
hereto, and of the New York Indians, to be expended under the direc¬
tion of the President of the United States.

Art. 0. The United States shall be at liberty, notwithstanding the Right of united
Winebagoes are parties to this treaty, to pursue such measures as they §£ w£neb2oes.cer'
may think proper for the punishment of the perpetrators of the recent
outrages at Prairie du Chien, and upon the Mississippi, and for the
prevention of such acts hereafter.

Art. 7. This treaty shall be obligatory after its ratification bv the Treaty to be obiiga-
President and Senate of the United States. " tory when ratified.

[Note.— This treaty was ratified with this proviso, contained in the resolution of
the Senate: “That the said treaty shall not impair or affect any right or claim which
the New York Indians or any of them have to the lands or any of the lands men¬
tioned in the said treaty.”]

TREATY WITH THE POTAWATOMIES, 1827.

A treaty between the United States and the Potawatamie Tribe of sept. 19, 1827.

Indians.

In order to consolidate some of the dispersed bands of the Potawata¬
mie Tribe in the Territory of Michigan at a point removed from the
road leading from Detroit to Chicago, and as far as practicable from
the settlements of the Whites, it is agreed that the following tracts of
land, heretofore reserved for the use of the said Tribe, shall be, and
they are hereby, ceded to the United States.

Two sections of land on the river Rouge at Seginsairn’s village.

Two sections of land at Tonguish’s village, near the river Rouge.

That part of the reservation at Macon on the river Raisin, which yet
belongs to the said tribe, containing six sections, excepting therefrom
one half of a section where the Potawatamie Chief Moran resides,
which shall be reserved for his use.

One tract at Mang ach qua village, on the river Peble, of six miles
square.

One tract at Mickesawbe, of six miles square.

One tract at the village of Prairie Ronde, of three miles square.

One tract at the village of Match e be nash she wish, at the head of
the Kekalamazoo river, of three miles square, which tracts contain in
the whole ninety nine sections and one half section of land.

And in consideration of the preceding cession, there shall be
reserved for the use of the said tribe, to be held upon the same terms
on which Indian reservations are usually held, the following tracts of
land.

Sections numbered five, six, seven and eight, in the fifth township,
south of the base line, and in the ninth range west of the principal
meridian in the Territory of Michigan.

The whole of the fifth township, south, in the tenth range, west, not
already included in the Nottawa Sape reservation.

Sections numbered one, two, eleven, twelve, thirteen, fourteen,
twenty -three, twenty-four, twenty-five, twenty-six, thirty-five, and
thirty-six, in the fifth township, south, and eleventh range, west.

The whole of the fourth township, south, in the ninth range, west.

Sections numbered eight, seventeen, eighteen, nineteen, twenty,
twenty -nine, thirty, thirty-one and thirty-two, in the fourth township,
south, and ninth range, west.

7 Stat., 305.
Proclamation, Feb.
23, 1829.

Cession of land by
the Indians.

204

TREATY WITH THE CREEKS, 1827.

Treaty binding
when ratified.

Nov. 15, 1827.

7 Stat., 307.
Proclamation, Mar.
4, 1828.

Object of thetreaty.

United States agree
to pay $27,491.

Further agreement.

Sections numbered one, two, eleven, twelve, thirteen, fourteen,
twenty-three, twenty-four, twenty-five, twenty-six, thirty-five and
thirty-six, in the fourth township, south, and eleventh range, west.

Which tracts of land will form a continuous reservation, and con¬
tain ninety-nine sections.

After this treaty shall be ratified by the President and Senate, the
same shall be obligatory on the United States and the said tribe of
Indians.

TREATY WITH THE CREEKS, 1827.

Articles of agreement made and concluded at the Creek Agency , on the
fifteenth day of November , one thousand eight hundred and twenty -
seven, between Thomas I. Me Kenney , and John Crowell , in behalf of
the United States, of the one part , and Little Prince and others,
Chiefs and Head Men of the Creek Nation, of the other part.

Whereas a Treaty of Cession was concluded at Washington City in
the District of Columbia, by James Barbour, Secretary of War, of the
one part, and Opothleoholo, John Stidham, and Others, of the
other part, and which Treaty bears date the twenty-fourth day of
January, one thousand eight hundred and twenty-six; and whereas, the
object of said Treaty being to embrace a cession by the Creek Nation,
of all the lands owned by them within the chartered limits of Georgia,
and it having been the opinion of the parties, at the time when said
Treaty was concluded, that all, or nearly all, of said lands were
embraced in said cession, and by the lines as defined in said Treaty,
and the supplemental article thereto: and whereas it having been since
ascertained that the said lines in said Treaty, and the supplement thereto,
do not embrace all the lands owned by the Creek Nation within the
chartered limits of Georgia, and the President of the United States
having urged the Creek Nation further to extend the limits as defined
in the Treaty aforesaid, and the Chiefs and head men of the Creek
Nation being desirous of complying with the wish of the President of
the United States, therefore, they, the Chiefs and head men aforesaid,
agree to cede, and they do hereby cede to the United States, all the
remaining lands now owned or claimed by the Creek Nation, not here¬
tofore ceded, and which, on actual survey, may be found to lie within
the chartered limits of the State of Georgia.

In consideration whereof, and in full compensation for the above
cession, the undersigned, Thomas L. McKenney, and John Crowell,
in behalf of .the United States, do hereby' agree to pay to the Chiefs
and head men of the Creek Nation aforesaid, and as soon as may be
after the approval and ratification of this agreement, in the Usual forms,
by the President and Senate of the United States, and its sanction by
a council of the Creek Nation, to be immediately convened for the pur¬
pose, or by the subscription of such names, in addition to those sub¬
scribed to this instrument, of Chiefs and head men of the nation, as
shall constitute it the act of the Creek Nation — the sum of twenty -seven
thousand four hundred and ninety-one dollars.

It is further agreed by the parties hereto, in behalf of the United
States, to allow, on account of the cession herein made, the additional
sum of fifteen thousand dollars, it being the understanding of both the
parties, that five thousand dollars of this sum shall be applied, under
the direction of the President of the United States, towards the educa¬
tion and support of Creek children at the school in Kentucky, known
by the title of the u Choctaw Academy f and under the existing regu¬
lations; also, one thousand dollars towards the support of theWithing-
ton, and one thousand dollars towards the support of the Asbury
stations, so called, both being schools in the Creek Nation, and under

TREATY WITH THE MIAMIS, 1828.

regulations of the Department of War; two thousand dollars for the
erection of four horse mills to be suitably located under the direction
of the President of the United States; one thousand dollars to be
applied to the purchase of cards and wheels, for the use of the Creeks
and the remaining five thousand dollars, it is agreed, shall be paid in
blankets and other necessary and useful goods, immediately after the
signing and delivery of these presents.

TREATY WITH THE MIAMIS, 1828.

Articles of a treaty made and concluded at the Wyandot village, near the peb.u,i828.
Wabash in the State of Indiana between John Tipton , Commissioner 7 stat., 309.
for that purpose, on the part of the United States , and the Chiefs , 7, i8^lamation’ ]
Head Men and Warriors, of the Eel River, or Thorntown party of
Miami Indians.

Art. 1. The Chiefs, Head Men, and Warriors of the Eel River or cession of land to
Thorntown party of Miami Indians, agree to cede, and by these pres- United States‘
ents do cede, and relinquish to the United States all their right, title,
and claim to a reservation of land about ten miles square, at their vil¬
lage on Sugartree Creek in Indiana, which was reserved to said party
by the second article of a Treaty between Commissioners of the U nited
States, and the Miami nation of Indians, made and entered into at St.

Mary’s in the State of Ohio, on the sixth day of October, one thousand
eight hundred and eighteen.

It is understood and agreed on by said Indians, that they will not house^ete10^0 burn
burn or destroy the houses or fences on said reservation, and that they vation.’ e pn reser’
will leave them in as good condition as they now are; and remove to the
five mile reservation on Eel River by the fifteenth day of October next.

Art. 2. The Commissioner of the United States has delivered to said Goods to amount of
party of Indians, goods to the value of two thousand dollars, in part dehvered t0 In'
consideration for the cession herein made, and it is agreed that in case
this treaty should be ratified by the President and Senate of the United
States, that the United States shall pay said party an additional sum of
eight thousand dollars in goods next summer, build twelve log houses,
ten on the five mile reservation, and two on the Wabash; clear and
fence forty acres of land on the five mile reservation, furnish them one
wagon and two yoke of oxen, furnish two hands to work three months
in each year for two years, five hundred dollars worth of provisions
delivered on the Wabash; furnish them five horses, five saddles and five
bridles.

Provided however, that if this treaty should not be ratified by the Proviso-
President and Senate of the United States, that said party agree to pay
for the goods this day received, two thousand dollars, to be deducted
from their annuity for this present year.

Art. 3. At the request of the Indians, and in part consideration for LaPagy“®nt t0 Peter
the cession aforesaid, the United States agree to pay to Peter Langlois,
one thousand dollars in silver, and three thousand dollars in goods next
summer, for provisions and goods heretofore delivered to said party.

Art. 4. The United States agree to appropriate one thousand dol- edu?ationriatfioindian
lars per year for five years, and longer if Congress think proper, to be youths,
applied under the direction of the President, to the education of the
youths of the Miami nation.

Art. 5. It is distinctly understood and agreed on by and between bermodiLdrticle may
the contracting parties, that the President and Senate may, if they
think proper, modify or expunge from this treaty, the fourth article,
without affecting any other of its provisions.

Art 6. This treaty, after the same shall be ratified by the President wJenaratifie0dligat0ry
and Senate of the Lfnited States, shall be binding on the contracting
parties.

206

TREATY WITH WESTERN CHEROKEES, 1828.

May 6, 1828.

7 Stat., 311.
Proclamation, May
28, 1828.

Obj ect of the tre aty .

Western boundary
of Arkansas defined.

Territory guaran¬
teed to Cherokees by
United States.

TREATY WITH WESTERN CHEROKEES, 1828.

Articles of a Convention, concluded at the City of Washington this
sixth day of May , in the year of our Lord one thousand eight hun¬
dred and twenty-eight , between James Barbour , Secretary of War,
being especially authorized therefor by the President of the United
States , and the undersigned , Chiefs and Head Men of the Cherokee
Nation of Indians, West of the Mississippi, they being didy author¬
ized and empowered by their Nation.

Whereas, it being the anxious desire of the Government of the
United States to secure to the Cherokee nation of Indians, as well those
now living within the limits of the Territory of Arkansas, as those of
their friends and brothers who reside in States East of the Mississippi,
and who may wish to join their brothers of the West, a permanent
home, and which shall, under the most solemn guarantee of the United
States, be, and remain, theirs forever — a home that shall never, in all
future time, be embarrassed by having extended around it the lines,
or placed over it the jurisdiction of a Territory or State, nor be pressed
upon by the extension, in any way, of any of the limits of an}^ existing
Territory or State ; and, Whereas, the present location of the Chero¬
kees in Arkansas being unfavorable to their present repose, and tend¬
ing, as the past demonstrates, to their future degradation and misery;
and the Cherokees being anxious to avoid such consequences, and yet
not questioning their right to their lands in Arkansas, as secured^ to
them by Treaty, and resting also upon the pledges given them by
the President of the United States, and the Secretary of War, of
March, 1818, and 8th October, 1821, in regard to the outlet to the
West, and as may be seen on referring to the records of the War
Department, still being anxious to secure a permanent home, and to
free themselves, and their posterity, from an embarrassing connexion
with the Territory of Arkansas, and guard themselves from such con¬
nexions in future; and, Whereas, it being important, not to the
Cherokees only, but also to the Choctaws, and in regard also to the
question which may be agitated in the future respecting the location
of the latter, as well as the former, within the limits of the Territory
or State of Arkansas, as the case may be, and their removal there¬
from; and to avoid the cost which may attend negotiations to rid the
Territory or State of Arkansas whenever it may become a State, of
either, or both of those Tribes, the parties hereto do hereby conclude
the following Articles, viz:

Art. 1. The Western boundary of Arkansas shall be, and the same
is, hereby defined, viz: Aline shall be run, commencing on Red River,
at the point where the Eastern Choctaw line strikes said River, and run
due North with said line to the River Arkansas, thence in a direct line
to the South West corner of Missouri.

Art. 2. The United States agree to possess the Cherokees, and to
guarantee it to them forever, and that guarantee is hereby solemnlv
pledged, of seven millions of acres of land, to be bounded as follows,
viz: Commencing at that point on Arkansas River where the Eastern
Choctaw boundary line strikes said River, and running thence with
the Western line of Arkansas, as defined in the foregoing article, to
the South-West corner of Missouri, and thence with the Western
boundary line of Missouri till it crosses the waters of Neasho, gener¬
ally called Grand River, thence due West to a point from which a due
South course will strike the present North West corner of Arkansas
Territory, thence continuing due South, on and with the present
Western boundary line of the Territory to the main branch of Arkan¬
sas River, thence down said River to its junction with the Canadian
River, and thence up and between the said Rivers Arkansas and Cana-

TREATY WITH WESTERN CHEROKEES, 1828.

207

dian, to a point at which a line, running North and South from River
to River, will give the aforesaid seven millions of acres. In addition
to the seven millions of acres thus provided for, and bounded, the
L nited States further guarantee to the Cherokee Nation a perpetual
outlet, West, and a free and unmolested use of all the Country lying
West of the M estern boundary of the above described limits, and as
far West as the sovereignty of the United States, and their right of
soil extend.

Art. 3. The United States agree to have the lines of the above ces- united states to run
sion run without delay, say not later than the first of October next, and the lines‘
to remove, immediately after the running of the Eastern line from the
Arkansas River to the South- W est corner of Missouri, all white persons
from the West to the East of said line, and also all others, should there
be any there, who may be unacceptable to the Cherokees, so that no
obstacles arising out of the presence of a white population, or a popu¬
lation of any other sort, shall exist to annoy the Cherokees— and also
to keep all such from the West of said line in future.

Art. 4. The United States moreover agree to appoint suitable per- o^tldto value cht?-
sons whose duty it shall be, in conjunction with the Agent, to value all okee improvements,
such improvements as the Cherokees may abandon in their removal
from their present homes to the District of Country as ceded in the
second Article of this agreement, and to pay for the same immediately
after the assessment is made, and the amount ascertained. It is further
agreed, that the property and improvements connected with the agency,
shall be sold under the direction of the Agent, and the proceeds of the
same applied to aid in the erection, in the country to which the Chero¬
kees are going, of a Grist, and Saw Mill, for their use. The aforesaid
property and improvements are thus defined: Commence at the Arkan¬
sas River opposite William Stinnetts, and run due North one mile,
thence due East to a point from which a due South line to the Arkansas
River would include the Chalybeate, or Mineral Spring, attached to
or near the present residence of the Agent, and thence up said River
(Arkansas) to the place of beginning.

Art. 5. It is further agreed, that the United States, in consideration Further agreement,
of the inconvenience and trouble attending the removal, and on account
of the reduced value of a great portion of the lands herein ceded to the
Cherokees, as compared with that of those in Arkansas which were
made theirs by the Treaty of 1817, and the Convention of 1819, will
pay to the Cherokees, immediately after their removal which shall be
within fourteen months of the date of this agreement, the sum of fifty
thousand dollars; also an annuity, for three years, of two thousand
dollars, towards defraying the cost and trouble which may attend upon
going after and recovering their stock which may stray into the Terri¬
tory in quest of the pastures from which they may be driven — also,
eight thousand seven hundred and sixty dollars, for spoliations com¬
mitted on them, (the Cherokees,) which sum will be in full of all
demands of the kind up to this date, as well as those against the Osages,
as those against citizens of t'he United States — this being the amount
of the claims for said spoliations, as rendered by the Cherokees, and
which are believed to be correctly and fairly stated. — Also, one thou¬
sand two hundred dollars for the use of Thomas Graves, a Cherokee
Chief, for losses sustained in his property, and for personal suffering
endured by him when confined as a prisoner, on a criminal, but false
accusation; also, five hundred dollars for the use of George Guess,
another Cherokee, for the great benefits he has conferred upon the
Cherokee people, in the beneficial results which they are now experi¬
encing from the use of the Alphabet discovered by him, to whom also,
in consideration of his relinquishing a valuable saline, the privilege is
hereby given to locate and occupy another saline on Lee’s Creek. It
is further agreed by the United States, to pay two thousand dollars,
annually, to the Cherokees, for ten years, to be expended under the

208

TREATY WITH WESTERN CHEROKEES, 1828.

Further agreement.

Cherokees to surren¬
der lands in Arkan¬
sas within fourteen
months.

Cost of emigration,
etc., to be borne by
the United States.

A certain tract of
land to he reserved
for the benefit of the
United States.

direction of the President of the United States in the education of their
children, in their own country, in letters and the mechanic arts; also,
one thousand dollars towards the purchase of a Printing Press and
Types to aid the Cherokees in the progress of education, and to benefit
and enlighten them as a people, in their own, and our language. It is
agreed further, that the expense incurred other than that paid by the
United States in the erection of the buildings and improvements, so far
as that may have been paid by the benevolent society who have been,
and yet are, engaged in instructing the Cherokee children, shall be paid
to the society, it being the understanding that the amount shall be
expended in the erection of other buildings and improvements, for like
purposes, in the country herein ceded to the Cherokees. The United
States relinquish their claim due by the Cherokees to the late United
States Factory, provided the same does not exceed three thousand five
hundred dollars.

Art. 6. It is moreover agreed, by the United States, whenever the
Cherokees may desire it, to give them a set of plain laws, suited to
their condition — also, when they may wish to lay off their lands, and
own them individually, a surveyor shall be sent to make the surveys
at the cost of the United States.

Art. 7. The Chiefs and Head Men of the Cherokee Nation, afore¬
said, for and in consideration of the foregoing stipulations and pro¬
visions, do hereby agree, in the name and behalf of their Nation, to
give up, and they do hereby surrender, to the United States, and agree
to leave the same within fourteen months, as herein before stipulated,
all the lands to which they are entitled in Arkansas, and which were
secured to them by the Treaty of 8th January, 1817, and the Conven¬
tion of the 27th February, 1819.

Art. 8. The Cherokee Nation, West of the Mississippi having, by
this agreement, freed themselves from the harassing and ruinous effects
consequent upon a location amidst a white population, and secured to
themselves and their posterity, under the solemn sanction of the guar¬
antee of the United States, as contained in this agreement, a large
extent of unembarrassed country; and that their Brothers yet remain¬
ing in the States may be induced to join them and enjoy the repose
and blessings of such a State in the future, it is further agreed, on the
part of the United States, that to each Head of a Cherokee family
now residing within the chartered limits of Georgia, or of either of
the States, East of the Mississippi, who may desire to remove West,
shall be given, on enrolling himself for emigration, a good Rifle, a
Blanket, and Kettle, and five pounds of Tobacco: (and to each mem¬
ber of his family one Blanket,) also, a just compensation for the
property he may abandon, to be assessed by persons to be appointed
by the President of the United States. The cost of the emigration of
ail such shall also be borne by the United States, and good and suita¬
ble ways opened, and provisions procured for their comfort, accom¬
modation, and support, by the way, and provisions for twelve months
after their arrival at the Agency; and to each person, or head of a
family, if he take along with him four persons, shall be paid immedi¬
ately on his arriving at the Agency and reporting himself and his fam¬
ily, or followers, as emigrants and permanent settlers, in addition to
the above, provided he and they shall have emigrated from within the
Chartered limits of the State of Georgia , the sum of fifty dollars, and
this sum in proportion to any greater or less number that may accom¬
pany him from within the aforesaid Chartered limits of the State of
Georgia.

Art. 9. It is understood and agreed by the parties to this Conven¬
tion, that a Tract of Land, two miles wide and six miles long, shall
be, and the same is hereby, reserved for the use and benefit of the
United States, for the accommodation of the military force which is
now, or which may hereafter be, stationed at Fort Gibson, on the

TREATY WITH THE WINNEBAGOS, ETC., 1828.

209

Neasho, or Grand River, to commence on said River half a mile below
the aforesaid Fort, and to run thence due East two miles, thence
Northwardly six miles, to a point which shall be two miles distant
from the River aforesaid, thence due West to the said River, and
down it to the place of beginning. And. the Cherokees agree that the
United States shall have and possess the right of establishing a road
through their country for the purpose of having a free and unmolested
way to and from said Fort.

Art. 10. It is agreed that Captain James Rogers, in consideration
of his having lost a horse in the service of the United States, and for
services rendered by him to the United States, shall be paid, in full
for the above, and all other claims for losses and services, the sum of
Five Hundred Dollars.

Art. 11. This Treaty to be binding on the contracting parties so
soon as it is ratified by the President of the United States, by and
with the advice and consent of the Senate.

[Note. — This treaty was ratified with the following proviso, expressed in the resolu¬
tion of the Senate: “Provided, nevertheless, that the said Convention shall not be so
construed as to extend the Northern Boundary of the ‘Perpetual Outlet West,’ pro¬
vided for and guaranteed in the second article of said Convention, North of the thirty
sixth degree of North latitude, or so as to interfere with the lands assigned, or to be
assigned, West of the Mississippi River, to the Creek Indians who have emigrated,
or may emigrate, from the States of Georgia and Alabama, under the provisions of
any Treaty or Treaties heretofore concluded between the United States and the Creek
tribe of Indians; and provided further, That nothing in the said Convention shall he
construed to cede or assign to the Cherokees any lands heretofore ceded or assigned
to any tribe or tribes of Indians, by any Treaty now existing and in force, with any
such tribe or tribes.”]

TREATY WITH THE WINNEBAGOS, ETC, 1828.

Articles of agreement with the Winnebago Tribe and the United Tribes
of Potawatamie , Chippewa and Ottawa Indians .

The Government of the United States having appointed Commission¬
ers to treat with the Sac, Fox, Winebago, Potawatamie, Ottawa, and
Chippewa, tribes of Indians, for the purpose of extinguishing their
title to land within the State of Illinois, and the Territory of Michigan,
situated between the Illinois river and the Lead Mines on Fever River,
and in the vicinity of said Lead Mines, and for other purposes; and it
having been found impracticable, in consequence of the lateness of the
period when the instructions were issued, the extent of the country
occupied by the Indians, and their dispersed situation, to convene them
in sufficient numbers to justify a cession of land on their part; and the
Chiefs of the Winnebago tribe, and of the united tribes of the Potawa-
tamies, Chippewas, and Ottawas, assembled at Green Bay, having
declined at this time to make the desired cession, the following tem¬
porary arrangement, subject to the ratification of the President and
Senate of the United States, has this day been made, between Lewis
Cass and Pierre Menard, Commissioners of the United States, and the
said Winnebago tribe, and the United tribes of Potawatamie, Chip¬
pewa, and Ottawa, Indians, in order to remove the difficulties which
have arisen in consequence of the occupation, by white persons, of
that part of the mining country which has not been heretofore ceded
to the United States. # . .

Article 1 . It is agreed that the following shall be the provisional
boundary between the lands of the United States and those of the said
Indians: The Ouisconsin river, from its mouth to its nearest approach
to the Blue Mounds; thence southed v, passing east of the said mounds,
to the head of that branch of the Pocatolaka creek which runs near the
Spotted Arm’s village; thence with the said branch to the mam forks

S. Doc. 452 — -14

Capt. J. Rogers to
be paid in full for
property lost in the
service of United
States.

Aug. 25, 1828.

7 Stat., 315.
Proclamation, Jan.
7, 1829.

Preamble.

Provisional bound¬
ary between lands of
United States and
those of the Indians.

210

TKEATY WITH THE POTAWATOMIES, 1828.

of Pocatolaka creek; thence southeasterly, to the ridge dividing the
Winebago country from that of the Pota watamie, Chippewa, and Ottawa
tribes; thence southerly, with the said ridge, to the line. running from
Chicago to the Mississippi, near Rock Island. . And it is fully under¬
stood, that the United States may freely occupy the country between
these boundaries and the Mississippi river, until a treaty shall be held
with the Indians for its cession; which treaty, it is presumed, will be
held in the year 1829. But it is expressly understood and agreed, that
if any white persons shall cross the line herein described, and pass into
the Indian country, for the purpose of mining, or for any other purpose
whatever, the Indians shall not interfere with nor molest such persons,
but that the proper measures for their removal shall be referred to the
President of the United States. In the mean time, however, it is
agreed, that any just compensation to which the Indians may be entitled
for any injuries committed by white persons on the Indian side of the
said line, shall be paid to the said Indians at the time such treaty may

Ferries to be estab- be held — It is also agreed by the Indians that a ferry may be estab-
River. °ver °ck lished over the Rock River, where the Fort Clark road crosses the
same; and, also, a ferry over the same river at the crossing of the
Lewiston road.

Payment to Indians Article 2. The United States agree to pay to the Winebago, Pota-
Sines,setc.ses °n * eir watamie, Chippewa, and Ottawa Indians, the sum of twenty thousand
dollars, in goods, at the time and place when and where the said treaty
may be held: which said sum shall be equitably divided between the
said tribes, and shall be in full compensation for all the injuries and
damages sustained by them, in consequence of the occupation of any
part of the mining country by white persons, from the commencement
of such occupation until the said treaty shall be held. Excepting, how¬
ever, such compensation as the Indians may be entitled to, for any
injuries hereafter committed on their side of the line hereby estab¬
lished.

TREATY WITH THE POTAWATOMIES. 1828.

sept. 20, 1828. Articles of a treaty made and concluded at the Missionary Establish-
pfociamation Jan rnents upon the St. Joseph , of Lake Michigan , in the Territory of

7, 1829. ama 10n’ ' an‘ Michigan , this 90 th day of September, in the year of our Lord one

thousand eight hundred and twenty-eight , between Lewis Gass and
Pierre Menard , Commissioners , on the part of the United States ,
and the Potowatami tribe of Indians.

potawatomies cede Article 1st. The Potowatami tribe of Indians cede to the United
parto t eir an s. g^es the tract of land included within the following boundaries.

1st. Beginning at the mouth of the St. Joseph, of Lake Michigan,
and thence running up the said river to a point on the same river, half
way between La-vache-qui-pisse and Macousin village: thence in a
direct line, to the 19th mile tree, on the northern boundary line of the
State Indiana; thence, with the same, west, to Lake Michigan; and
thence, with the shore of the said Lake, to the place of beginning.

2. Beginning at a point on the line run in 1817, due east from the
southern extreme of Lake Michigan, which point is due south from
the head of the most easterly branch of the Kankekee river, and from
that point running south ten miles; thence, in a direct line, to the
northeast corner of Flatbelly’s reservation; thence, to the northwest
corner of the reservation at Seek’s village; thence, with the lines of
the said reservation, and of former cessions, to the line between the
States of Indiana and Ohio; thence, with the same to the former
described line, running due east from the southern extreme of Lake
Michigan; and thence, with the said line, to the place of beginning.

TREATY WITH THE POT A W ATOMIE8 , 1828.

211

Art. 2. In consideration of the cessions aforesaid, there shall be
paid to the said tribe anadditional permanent annuity of two thousand
dollars; and also an additional annuity of one thousand dollars, for the
term of twenty years; goods, to the value of thirty thousand dollars,
shall be given to the said tribe, either immediately after signing this
treaty, or as soon thereafter as they can be procured; an additional
sum of ten thousand dollars, in goods, and another of live thousand
dollars, in specie, shall be paid to them in the year 1829.

The sum of seven thousand five hundred dollars shall be expended
for the said tribe, under the direction of the President of the United
States, in clearing and fencing land, erecting houses, purchasing
domestic animals and farming utensils, and in the support of labourers
to work for them.

Two thousand pounds of tobacco, fifteen hundred weight of iron,
and three hundred and fifty pounds of steel, shall be annually delivered
to them.

One thousand dollars per annum shall be applied for the purposes
of education, as long as Congress may think the appropriation may be
useful.

One hundred dollars, in goods, shall be annually paid to To-pen-i-
be-the, principal chief of the said tribe, during his natural life. The
blacksmith, stipulated by the treaty of Chicago to be provided for the
term of fifteen years, shall be permanently supported by the United
States.

Three labourers shall be provided, during four months of the year,
for ten years, to work for the band living upon the reservation South
of the St. Joseph.

Art. 3. There shall be granted to the following persons, all of
whom are Indians by descent, the tracts of land hereafter mentioned,
which shall be located upon the second cession above described, where
the President of the United States may direct, after the country may
be surveyed, and to correspond with the surveys, provided that no
location shall be made upon the Elkheart Prairie, nor within five miles
of the same; nor shall the tracts there granted be conveyed by the
grantees, without the consent of the President of the United States.

To Sah-ne-mo-quay, wife of Jean B. Dutrist, one-half section of
land.

To Way-pe-nah-te-mo-quay, wife of Thomas Robb, One half section
of land.

To Me-no-ka-mick-quay, wife of Edward McCarty, one half section
of land.

To Ship-pe-shick-quay, wife of James Wyman, one half section of
land.

To Assapo, wife of Antoine Gamlin, one half section of land.

To Moahquay, wife of Richard Chabert, one half section of land.

To Me-shaw-ke-to-quay, wife of George Cicot, two sections of land.

To Mary Prejean, wife of Louis St. Combe, one section of land.

To To-pe-naw-koung, wife of Peter Langlois, one section of land.

To Au- bee-nan- bee, a Potowatami chief, two sections of land.

To Me-che-hee, wife of Charles Minie, a half section of land

To Louison, a Potowatamie, a reservation of one section, to include
his house and cornfield.

To Kes-he-wa-quay, wife of Pierre F. Navarre, one section of land.

To Benac, a Potowatami, one section of land.

To Pe-pe-ne-way, a chief, one section of land.

To Pierre Le Clair, one section of land.

To Betsey Ducharme, one half section of land. The section of land
granted by the treaty of Chicago to Nancy Burnett, now Nancy Davis,
shall be purchased by the United States, if the same can be done for
the sum of one thousand dollars.

Additional annui¬
ties. .

Purchase of domes¬
tic animals, etc.

Tobacco, iron, and
steel.

Education.

Allowance of goods
to principal chief.
Blacksmith.

Laborers.

Grants of land to
individual Indians,
stipulated for.

212

TREATY WITH THE POT AW ATOMIES, 1828.

Payment of claims
against Indians.

Missionary estab¬
lishments.

Treaty binding
when ratified.

Payment in goods.

Location of grants.

Sept. 20, 1828.

7 Stat., 603.

To Madeleine Bertrand, wife of Joseph Bertrand, one section of
land.

Art. 4. The sum of ten thousand eight hundred and ninety -five dol¬
lars shall be applied to the payments of certain claims against the
Indians, agreeably to a schedule of the said claims hereunto annexed.

Art. 5. Circumstances rendering it probable that the , missionary
establishment now located upon the St. Joseph, may be compelled to
remove west of the Mississippi, it is agreed that when they remove, the
value of their buildings and other improvements shall be estimated, and
the amount paid by the United States. But, as the location is upon
the Indian reservation, the Commissioners are unwilling to assume the
responsibility, of making this provision absolute, and therefore its
rejection is not to affect any other part of the treaty.

Art. 6. This treaty shall be obligatory, after the same has been
ratified by the President and Senate of the United States.

After the signature of the Treaty, and at the request of the Indians,
it was agreed, that of the ten thousand, dollars stipulated to be delivered
in goods, in 1829, three thousand dollars shall be delivered immediately,
leaving seven thousand dollars in goods to be delivered in 1829,

The reservation of Pe. Langlois’ wife to be located upon the north
side of Eel river, between Peerish’s village and Louison’s reservation.

The reservation of Betsey Ducharme to be located at Louison’s run.

Appendix II.

Schedule of claims referred to in the fourth article of the treaty of the 20th September , 1828 ,
until the Pottawatamie Indians.

Thomas Robb $200, for goods heretofore sold to the Indians.

McGeorge $300, for provisions sold to the Indians.

Jno. B. Godfroy $200, for goods heretofore sold to the Indians.

Jno. P. Hedges $200, for goods heretofore delivered to the Indians.

Joseph Allen $145, for horses stolen from him by the Indians while he was
surveying.

Jean B. Bourre $700, for goods furnished the Indians, a part of them in relation to
this treaty.

Thomas Forsyth $200, for goods heretofore sold to the Indians.

S. Hanna & Co. $100, for goods heretofore sold to the Indians.

Gabriel Godfroy, jr., $500, for goods heretofore sold to the Indians.

Timothy S. Smith $100, for goods heretofore sold to the Indians.

W. G. and G. W. Ewings $200, for goods heretofore sold to the Indians.

Joseph Bertrand $2,000, for goods heretofore sold to the Indians.

To Eleanor Kinzie and her four children, by the late John Kinzie, $3,500, in con¬
sideration of the attachment of the Indians to her deceased husband, who was long
an Indian trader, and who lost a large sum in the trade by the credits given to them,
and also by the destruction of his property. The money is in lieu of a tract of land
which the Indians gave the late John Kinzie long since, and upon which he lived.

Robert A. Forsyth $1,250, in consideration of the debts due from the Indians to
his late father, Robert A. Forsyth, who was long a trader among them, and who was
assisted by his son, the present R. A. Forsyth. The money is in lieu of a tract of
land which the Indians gave to the late R. A. Forsyth, since renewed to the present
R. A. Forsyth, upon which both of them heretofore lived.

Jean B Comparet $500, for goods heretofore sold to the Indians.

C. and D. Dousseau $100, for goods heretofore sold to the Indians.

P. F. Navarre $100, for goods heretofore sold to the Indians.

Francis Paget $100, for goods heretofore sold to the Indians.

G. 0. Hubbard $200, for goods heretofore sold to the Indians.

Alexis Coquillard $200, for goods heretofore sold to the Indians.

Amounting, in the whole, to the sum of ten thousand eight hundred and ninetv-five
dollars.

213

TREATY WITH THE CHIPPEWAS, ETC., 1829.

Articles of a treaty made and concluded at Prairie du Chien, in the Ter¬
ritory of Michigan, between the United States of America, by their
Commissioners , General John McNeil , Colonel Pierre Menard , and
Caleb Atwater , Esq. and the United Nations of Chippewa, Ottawa,
and Potawatamie Indians, of the waters of the Illinois, Milwaukee,
and Manitoouck Rivers.

Article I.

The aforesaid nations of Chippewa, Ottawa, and Potawatamie Indi¬
ans, do hereby cede to the United States aforesaid, all the lands
comprehended within the following limits, to wit: Beginning at the
Winnebago Village, on Rock river, forty miles from its mouth, and
running thence down the Rock river, to a line which runs due west from
the most southern bend of Lake Michigan to the Mississippi river, and
with that line to the Mississippi river opposite to Rock Island; thence,
up that river, to the United States’ reservation at the mouth of the
Ouisconsin; thence, with the south and east lines of said reservation, to
the Ouisconsin river; thence, southerly, passing the heads of the small
streams emptying into the Mississippi, to the Rock River aforesaid, at
the Winnebago Village, the place of beginning. And, also, one other
tract of land, described as follows, to wit: Beginning on the Western
Shore of Lake Michigan, at the northeast corner of the field of Antoine
Ouitmette, who lives near Gross Pointe, about twelve miles north of
Chicago; thence, running due west, to the Rock River, aforesaid;
thence, down the said river, to where a line drawn due west from the
most southern bend of Lake Michigan crosses said river; thence, east,
along said line, to the Fox River of the Illinois; thence, along the
northwestern boundary line of the cession of 1816, to Lake Michigan;
thence, northwardly, along the Western Shore of said Lake, to the
place of beginning.

Article II.

In consideration of the aforesaid cessions of land, the United States
aforesaid agree to pay to the aforesaid nations of Indians the sum of
sixteen thousand dollars, annually, forever, in specie: said sum to be
paid at Chicago. And the said United States further agree to cause to
be delivered to said nations of Indians, in the month of October next,
twelve thousand dollars worth of goods as a present. And it is further
agreed, to deliver to said Indians, at Chicago, fifty barrels of salt,
annually, forever; and further, the United States agree to make per¬
manent, for the use of the said Indians, the blacksmith’s establishment
at Chicago.

Article III.

From the cessions aforesaid, there shall be reserved, for the use of the
undernamed Chiefs and their bands, the following tracts of land, viz:

For Wau-pon-eh-see, five sections of land at the Grand Bois, on Fox
River of the Illinois, where Shay teds Village now stands.

For Shab-eh-nay , two sections at his village near the Paw-paw Grove.
For Awn-kote, four sections at the village of Saw-meh-naug , on the Fox
River of the Illinois.

Article IV.

There shall be granted by the United States, to each of the following
persons, (being descendants from Indians,) the following tracts of land,
viz: To Claude Laframboise, one section of land on the Riviere aux
Pleins, adjoining the line of the purchase of 1816.

July 29, 1829.

7 Stat., 320.
Proclamation, Jan.
2, 1830.

Certain lands ceded
to United States.

Consideration there¬
for.

Certain lands re¬
served.

Certain tracts to he
granted to certain de¬
scendants from the In¬
dians.

214

TREATY WITH THE CHIPPEWAS, ETC., 1829.

To Francois Bourbonne, Jr. one section at the Missionary establish¬
ment, on the Fox River of the Illinois. To Alexander Robinson, for
himself and children, two sections on the Riviere aux Pleins, above and
adjoining the tract herein granted to Claude Laframboise. To Pierre
Leclerc, one section at the village of the As-sim-in-eh-Kon, or Paw-paw
Grove. To Waish-kee-Shaw, a Potawatamie woman, wife of David
Laughton, and to her child, one and a half sections at the old village
of Nay -ou-Say, at or near the source of the Riviere aux Sables of the
Illinois. To Billy Caldwell, two and a half sections on the Chicago
River, above and adjoining the line of the purchase of 1816. To Vic-
toire Pothier, one half section on the Chicago River, above and adjoin¬
ing the tract of land herein granted to Billy Caldwell. To Jane
Miranda, one quarter section on the Chicago River, above and adjoin¬
ing the tract herein granted to Victoire Pothier. To Madeline, a
Potawatamie woman, wife of Joseph Ogee, one section west of and
adjoining the tract herein granted to Pierre Leclerc, at the Paw-paw
Grove. To Archange Ouilmette, a Potawatamie woman, wife of
Antoine Ouilmette, two sections, for herself and her children, on
Lake Michigan, south of and adjoining the northern boundary of the
cession herein made by the Indians aforesaid to the United States.
To Antoine and Francois Leclerc, one section each, lying on the Mis¬
sissippi River, north of and adjoining the line drawn due west from
the most southern bend of Lake Michigan, where said line strikes the
Mississippi River. To Mo-ah-way, one quarter section on the north
side of and adjoining the tract herein granted to Waish-Kee-Shaw.
The tracts of land herein stipulated to be granted, shall never be
leased or conveyed by the grantees, or their heirs, to any persons
whatever, without the permission of the President of the United
States.

Article Y.

claims6’ against ^ndf- The United States, at the request of the Indians aforesaid, further
ans- agree to pay to the persons named in the schedule annexed to this

treaty, the sum of eleven thousand six hundred and one dollars; which
sum is in full satisfaction of the claims brought by* said persons against
said Indians, and by them acknowledged to be justly due.

Article VI.

veynbranl5JSiSeof And ^ is further agreed, that the United [States] shall, at their own
cession. ‘ expense, cause to be surveyed, the northern boundary line of the ces¬

sion herein made, from Lake Michigan to the Rock River, as soon as
practicable after the ratification of this treaty, and shall also cause good
and sufficient marks and mounds to be established on said line.

Article VII.

served* *° hunt re" The right to hunt on the lands herein ceded, so long as the same
shall remain the property of the United States, is hereby secured to
the nations who are parties to this treaty.

Article VIII.

whenerawiedindin8 This treaty shall take effect and be obligatory on the contracting
parties, as soon as the same shall be ratified by the President of the
United States, by and with the advice and consent of the Senate
thereof.

TREATY WITH THE WTNUEBAGOS, 1829.

215

Schedule of claims and debts to be paid by the United States for the Chippewa, Ottawa, and
Pottawatamie Indians, under the fifth article of the treaty of the 29th July, 1829, with
said tribe.

To Francis Laframboise, for a canoe-load of merchandise taken by the
Chippewa and Ottowata Indians of Chab-way-way-gun and the neigh¬
boring villages, while frozen up in the lake in the winter of the year

1799, two thousand dollars . . $2 000 00

To Antoine Ouilmett, for depredations committed on him by the" Indians
at the time of the massacre of Chicago and during the war, eight hun¬
dred dollars _ j . gQ0 qo

To the heirs of the late J ohn Kinzie, of Chicago, for depredations commit¬
ted on him at the time of the massacre of Chicago and at St. Joseph’s,

during the winter of 1812, three thousand five hundred dollars . 3, 500 00

To Margaret Helm, for losses sustained at the time of the capture of Fort

Dearborn, in 1812, by the Indians, eight hundred dollars . 800 00

To the American Fur Company, for debts owed to them by the United
Tribes of Chippewas, Ottowas, and Pottawatamies, three thousand dollars 3, 000 00
To Bemardus Laughton, for debts owed to him by same tribes, ten hun¬
dred and sixteen dollars . 1,016 00

To James Kinzie, for debts owed to him by same, four hundred and
eighty-five dollars . . . 485 00

$11,601 00

TREATY WITH THE WINNEBAGOS, 1829.

Articles of a treaty made and concluded at the Village of Prairie du
Chien , Michigan Territory , on this first day of August, in the year ~
one thousand eight hundred and twenty-nine, between the TJnited States
of America, by their Commissioners , General John AT Neil, Colonel 2’
Pierre Menard, and Caleb Atwater, Psq. for and on behalf of said
States, of the one part, and the Nation of Winnebavqo Indians of the
other part.

Article I.

The said Winnebaygo nation hereby, forever, cede and relinquish te
to the said United States, all their right, title, and claim, to the lands
and country contained within the following limits and boundaries, to
wit: beginning- on Rock River, at the mouth of the Pee-kee-tau-no or
'Pee-hee-tol-a-ka , a branch thereof; thence, up the Pee-kee-tol-a-ka , to
the mouth of Sugar Creek; thence, up the said creek, to the source of
the Eastern branch thereof; thence, by a line running due North, to
the road leading from the Eastern blue mound, by the most Northern
of the four lakes, to the portage of the Wisconsin and Fox rivers;
thence, along the sadd road, to the crossing of Duck Creek; thence, by
a line running in a direct course to the most Southeasterly bend of
Lake Puck-a-way, on Fox River; thence, up said Lake and Fox River,
to the portage of the Wisconsin; thence, across said portage, to the
Wisconsin river; thence, down said river, to the Eastern line of the
United States’ reservation at the mouth of said river, on the south side
thereof, as described in the second article of the treaty made at St.
Louis, on the twenty-fourth day of August, in the year eighteen hundred
and sixteen, with the Chippewas, Ottawas, and Potawatamies; thence,
with the lines of a tract of country on the Mississippi river, (secured to
the Chippewas, Ottawas, and Potawatamies, of the Illinois, by the ninth
article of the treaty made at Prairie du Chien, on the nineteenth day
of August, in the year eighteen hundred and twenty-five,) running
Southwardly, passing the heads of the small streams emptying into the
Mississippi "to the Rock river, at the Winnebaygo village, forty miles
above its mouth; thence, up Rock river, to the mouth of the Pee-kee-
tol-a-ka river, the place of beginning.

July 29, 1829.

7 Stat., 604.

Aug. 1, 1829.

7 Stat., 323.
Proclamation, Jan.
1830.

Certain lands ceded
' United States.

216

TREATY WITH THE WINNEBAGOS, 1829.

Consideration there¬
for.

United States to
provide three black¬
smiths’ shops, etc.

United States agree
to pay certain claims
against Winnebagoes.

United States to
grant certain lands
to descendants of In¬
dians.

Article II.

In consideration of the above cession, it is hereby stipulated, that the
said United States shall pay to the said Winnebaygo nation of Indians
the sum of eighteen thousand dollars in specie, annually, for the period
of thirty years; which said sum is to be paid to said Indians at Prairie
du Chien and Fort Winnebaygo, in proportion to the numbers residing
within the most convenient distance of each place, respectively; and it
is also agreed, that the said United States shall deliver immediately to
said Indians, as a present, thirty thousand dollars in goods; and it is
further agreed, that three thousand pounds of tobacco, and fifty barrels
of salt, shall be annually delivered to the said Indians by the United
States, for the period of thirty years; half of which articles shall be
delivered at the Agency at Prairie du Chien, and the other half at the
Agency of Fort Winnebaygo.

Article III.

And it is further agreed between the parties, that the said United
States shall provide and support three blacksmiths’ shops, with the
necessary tools, iron, and steel, for the use of the said Indians, for
the term of thirty years; one at Prairie du Chien, one at Fort Winne¬
baygo, and one on the waters of Rock river; and furthermore, the
said United States engage to furnish, for the use of the said Indians,
two yoke of oxen, one cart, and the services of a man at the portage
of tfie Wisconsin and Fox rivers, to continue at the pleasure of the
Agent at that place, the term not to exceed thirty years.

Article IY.

The United States (at the request of the Indians aforesaid) further
agree to pay to the persons named in the schedule annexed to this
treaty, (and which forms part and parcel thereof,) the several sums as
therein specified, amounting, in all, to the sum of twenty-three thou¬
sand five hundred and thirty -two dollars and twenty-eight cents; which
sum is in full satisfaction of the claims brought by said persons against
said Indians, and by them acknowledged to be justly due.

Article V.

And it is further agreed, that, from the land hereinbefore ceded,
there shall be granted by the United States to the persons herein
named, (being descendants of said Indians,) the quantity of land as
follows, to be located without the mineral country, under the direction
of the President of the United States, that is to say: to Catherine
Myott, two sections; to Mary, daughter of Catharine Myott, one sec¬
tion; to Michael St. Cyr, son of Hee-no-hau , (a Winnebaygo woman,)
one section; to Mary, Ellen, and Brigitte, daughters of said Hee-no-
Tcau , each one section; to Catherine and Olivier, children of Olivier
Amelle, each one section; to Francois, Therese, and Joseph, children
of Joseph Thibault, each one section; to Sophia, daughter of Joshua
Palen, one section; to Pierre Pacquette, two sections; and to his two
children, Therese and Moses, each one section; to Pierre Grignon
L’Avoine, Amable, Margaret, Genevieve, and Mariette, children of
said Pierre, each one section; to Mauh-nah-tee-see , (a Winnebaygo
woman,) one section; and to her eight children, viz: Therese, Benja¬
min, James, Simeon, and Phelise Leciiyer, Julia, and Antoine Grignon,
and Alexis Peyet, each one section; to John Baptiste Pascal, Margaret,
Angelique, Domitille, Therese, and Lisette, children of the late John
Baptiste Pacquette, each one section; to Madeline Brisbois, daughter
of the late Michel Brisbois, Jr. one section; to Therese Gagnier and

217

TREATY WITH THE DELAWARES, 1829.

her two children, Francois and Louise, two sections; to Mary, daugh-
tei of Luther Gleason, one section; and to Theodore Lupien, one sec¬
tion; all which aforesaid grants are not to be leased or sold by said
grantees to any person or persons whatever, without the permission
the. /resident of the United States; and it is further agreed, that
the said United States shall pay to Therese Gagnier the sum of fifty Annuity of sso to
dollars per annum, for fifteen years, to be deducted from the annuity Therese Gagnier.
to said Indians.

Article VI. [Not ratified by Senate.]

Article VII.

This Treaty, after the same shall be ratified by the President of the reat/„ fading
United States, by and with the advice and consent of the Senate thereof, W en
shall be obligator}7 on the contracting parties.

TREATY WITH DELAWARES, 1829.

Articles of agreement made between John M’Elvain , thereto specially Aug. 3, 1m
authorized by the President of the United States , and the band of ~"V stat., 326.
Delaware Indians, upon the Sandusky River , in the State of Ohio, 2, i83o.lamation’ Jan-
for the cession of a certain reservation of land in the said State.

Article I.

The said band of Delaware Indians cede to the United States the certa™ land ceded
tract of three miles square, adjoining the Wyandot reservation upon t0 mtedstates-
the Sandusky river, reserved for their use by" the treaty of the Rapids
of the Maumee, concluded between the United States and the Wyandots,

Seneca, Delaware, Shawnees, Potawatamies, Ottawas, and Chippiwa
tribes of Indians, on the twenty-ninth day of September, in the year
of our Lord one thousand eight hundred and seventeen, and the "said
tribe of Delawares engage to remove to and join their nation on the
west side of the Mississippi, on the land allotted to them, on or before
the first day of January next, at which time peaceable possession of
said reservation is to be given to the United States.

Article II.

In consideration of the stipulations aforesaid, it is agreed, that the f Consideration there-
United States shall pay to the said band the sum of three thousand dol- or'
lars: two thousand dollars in hand, the receipt of which is hereby
acknowledged by the undersigned Chiefs of said tribe, and the remain¬
ing balance of one thousand dollars to be appropriated to the purchase
of horses, clothing, provisions, and other useful articles, to aid them
on their journey so soon as they are prepared to remove.

TREATY WITH THE DELAWARES, 1829.

Supplementary article to the Delaware Treaty , concluded at St. nary’s
in the State of Ohio , on the 3d of October*, 1818.

Whereas the foregoing Treaty stipulates that the United States
shall provide for the Delaware Nation, a country to reside in, West
of the Mississippi, as the permanent residence of their Nation; and
whereas the said Delaware Nation, are now willing to remove, on the
following’ conditions, from the country on James’ fork of White river

Sept. 24, 1829.

7 Stat., 327.
Proclamation, Mar.
24, 1831.

218

TREATY WITH THE SACS AND FOXES, ETC. , 1830.

in the State of Missouri, to the Country selected in the fork of tne
Kansas and Missouri River, as recommended by the government, for
the permanent residence of the whole Delaware Nation; it is hereby
agreed upon by the parties, that the country in the fork of the Kansas
and Missouri Rivers, extending up the Kansas River, to the Kansas
Line, and up the Missouri River to Camp Leavenworth, and thence
by a line drawn Westwardly, leaving a space ten miles wide, north of
the Kansas boundary line, for an outlet; shall be conveyed and for¬
ever secured by the United States, to the said Delaware Nation, as
their permanent residence: And the United States hereby pledges the
faith of the government to guarantee to the said Delaware Nation for¬
ever, the quiet and peaceable possession and undisturbed enjoyment
of the same, against the claims and assaults of all and every other
people whatever.

Horses, wagons, etc., And the United States hereby agrees to furnish the Delaware Nation

Deiawarfesmished for with forty horses, to be given to their poor and destitute, people, and
the use of six wagons and ox-teams, to assist the nation in removing
their heavy articles to their permanent home; and to supply them with
all necessary farming utensils and tools necessary for building houses,
&c: and to supply them with provisions on their journey, and with
one year’s provisions after they get to their permanent residence; and
to have a grist and saw mill erected for their use, within two years
after their complete removal.

Additional perma- And it is hereby expressly stipulated and agreed upon by the par¬
ties, that for and in consideration of the full and entire relinquishment
by the Delaware Nation of all claim whatever to the country now
occupied by them in the State of Missouri, the United States shall
pay to the said Delaware Nation, an additional permanent annuity of
one thousand dollars. *

Reservation of land And it is further stipulated that thirty-six sections of the best land
for school purposes. within the limits hereby relinquished, shall be selected under the direc¬
tion of the President of the United States, and sold for the purpose of
raising a fund, to be applied under the direction of the President, to
the support of schools for the education of Delaware children.

country to he ex- It is agreed upon by the parties that this supplementary article shall
piored. etc- be concluded in part only, at this time, and that a deputation of a Chief,

or Warrior, from each town with their Interpreter shall proceed with
the Agent to explore the country more fully, and if they approve of
said country, to sign their names under ours, which shall be consid¬
ered as finally concluded on our part; and after the same shall be rati¬
fied by the President and Senate of the United States, shall be binding
on the contracting parties.

TREATY WITH THE SACS AND FOXES, ETC., 1830.

Articles of a treaty made and concluded by William Clark Superin¬
tendent of Indian Affairs and Willoughby Morgan, Col. of the United
States 1st Regt. Infantry , Commissioners on behalf of the United
States on the one part , and the undersigned Deputations of the Con¬
federated Tribes of the Sacs and Foxes; the M.edawah-Kanton, Wah-
pacoota , Wahpeton and Sissetong Bands or Tribes of Sioux; the
Omahas , Ioways , Ovtoes and Missourias on the other part.

The said Tribes being anxious to remove all causes which may here¬
after create any unfriendly feeling between them, and being also anx¬
ious to provide other sources for supplying their wants besides those of
hunting, which they are sensible must soon entirely fail them; agree
with the United States on the following Articles.

Article I. The said Tribes cede and relinquish to the United States
forever all their right and title to the lands lying within the following

July 15, 1830.

7 Stat. , 328.
Proclamation, Feb.
24, 1831.

Cession of lands.

219

TREATY WITH THE SACS AND FOXES, ETC., 1830.

boundaries, to wit: Beginning at the upper fork of the Demoine River,

.and passing the sources of the Little Sioux, and Floyds Rivers, to the
fork of the first creek which falls into the Big Sioux or Calumet on the
east side; thence, down said creek, and Calumet River to the Missouri
River; thence down said Missouri River to the Missouri State line,
above the Kansas; thence along said line to the north west corner of
the said State, thence to the high lands between the waters falling into
the Missouri and Desmoines, passing to said high lands along the divid¬
ing ridge between the forks of the Grand River; thence along said high
lands or ridge separating the waters of the Missouri from those of the
Demoine, to a point opposite the source of Boyer River, and thence in
a direct line to the upper fork of the Demoine, the place of beginning.

But it is understood that the lands ceded and relinquished by this purposes to which
Treaty, are to be assigned and allotted under the direction of the Presi- aheiiedds are t0 be
dent of the United States, to the Tribes now living thereon, or to such &PP e
other Tribes as the President may locate thereon for hunting’, and
other purposes.

Article 11. The confederated Tribes of the Sacs and Foxes, cede cession by the sacs
and relinquish to the United States forever, a tract of Country twenty and Foxes’
miles in width, from the Mississippi to the Demoine; situate south, and
adjoining the line between the said confederated Tribes of Sacs and
Foxes, and the Sioux; as established by the second article of the Treaty
of Prairie du Chien of the nineteenth of August one thousand eight
hundred and twenty-five.

Article III. The Medawah-Kanton, Wah-pa-coota, Wahpeton arid cession by the Me-
Sisseton Bands of the Sioux cede and relinquish to the United States dawah Kanton- etc-
forever, 'a Tract of Country twenty miles in width, from the Mississippi
to the Demoine River, situate north, and adjoining the line mentioned
in the preceding article.

Article IF. In consideration of the cessions and relinquishments consideration
made in the first, second, and third articles of this Treat}", the United
States agree to pay to the Sacs, three thousand dollars, —and to the Annuities.

Foxes three thousand dollars; To the Sioux of the Mississippi two thou¬
sand dollars; — To the Yancton and San tie Bands of Sioux three thou¬
sand dollars; — To the Omahas, two thousand five hundred dollars; —

To the Ioways two thousand five hundred dollars; — To the Ottoes and
Missourias two thousand five hundred dollars, and to the Sacs of the
Missouri River five hundred dollars; to be paid annually for ten suc¬
cessive years at such place, or places on the Mississippi or Missouri, as
may be most convenient to said Tribes, either in money, merchandise,
or domestic animals, at their option; and when said annuities or any
portion of them shall be paid in merchandise, the same is to be delivered
to them at the first cost of the goods at St. Louis free of transportation.

And the United States further agree to make to the said Tribes and rurtberaiiowances.
Bands, the following allowances for the period of ten years, and as long
thereafter as the President of the United States may think necessary
and proper, in addition to the sums herein before stipulated to be paid
them; that is to say; To the Bands of the Sioux mentioned in the third
article, one Blacksmith at the expense of the United States, and the
necessary tools; also instruments for agricultural purposes, and iron
and steel to the amount of seven hundred dollars; — To the Yancton
and Santie Bands of Sioux, one Blacksmith at the expense of the United
States, and the necessary tools, also instruments for agricultural pur¬
poses to the amount of four hundred dollars; To the Omahas one Black¬
smith at the expense of the United States, and the necessary tools, also
instruments for agricultural purposes to the amount of five hundred
dollars; — To the Ioways an assistant Blacksmith at the expense of the
United States, also instruments for agricultural purposes to the amount
of six hundred dollars; To the Ottoes and Missourias one Blacksmith
at the expense of the United States, and the necessary tools, also instru-

220

TREATY WITH THE SACS AND FOXES, ETC., 1830.

Annuity for educa¬
tion.

Yancton and Santie
bands.

Lines to be run.

Earnest,

Reservation for
Sioux half-breeds.

Reservation for
other half-breeds.

Annuity to Ottoes
from Omahas,ete.

ments for agricultural purposes to the amount of five hundred dollars;
and to the Sacs of the Missouri River, one Blacksmith at the expense
of the United States and the necessary tools; also instruments for
agricultural purposes to the amount of two hundred dollars.

Article V. And the United States further agree to set apart three
thousand dollars annually for ten successive years, to be applied in
the discretion of the President of the United States, to the education
of the children of the said Tribes and Bands, parties hereto.

Article VI. The Yanckton and Santie Bands of the Sioux not
being fully represented, it is agreed, that if they shall sign this Treaty,
they shall be considered as parties thereto, and bound by all its stipu¬
lations.

Article VII. It is agreed between the parties hereto, that the lines
shall be run, and marked as soon as the President of the United States
may deem it expedient.

Art. VIII. The United States agree to distribute between the sev¬
eral Tribes, parties hereto, five thousand, one hundred and thirty -two
dollars worth of merchandise, the receipt whereof, the said Tribes
hereby acknowledge; which, together with the amounts agreed to be
paid, and the allowances in the fourth and fifth articles of this Treaty,
shall be considered as a full compensation for the cession and relin¬
quishments herein made.

Article IX. The Sioux Bands in Council having earnestly solicited
that they might have permission to bestow upon the half breeds of
their Nation, the tract of land within the following limits, to wit:
Beginning at a place called the barn, below and near the village of
tlie Red Wing Chief, and running back fifteen miles; thence in a
parallel line with Lake Pepin and the Mississippi, about thirty -two
miles to a point opposite Beef or O-Boeuf River; thence fifteen miles
to the Grand Encampment opposite the River aforesaid; The United
States agree to suffer said half Breeds to occupy said tract of country;
they holding by the same title, and in the same manner that other
Indian Titles are held.

Article X. The Omahas, Ioways and Ottoes, for themselves, and
in behalf of the Yanckton and Santie Bands of Sioux, having earnestly
requested that they might be permitted to make some provision for
their half-breeds, and particularly that they might bestow upon them
the tract of country within the following limits, to wit; Beginning at
the mouth of the Little Ne-mohaw River, and running up the main
channel of said River to a point which will be ten miles from its mouth
in a direct line; from thence in a direct line, to strike the Grand
Ne-mohaw ten miles above its mouth, in a direct line (the distance
between the two Ne-mohaws being about twenty miles) — thence down
said River to its mouth; thence up, and with the Meanders of the
Missouri River to the point of beginning, it is agreed that the half-
breeds of said Tribes and Bands may be suffered to occupy said tract
of land; holding it in the same manner, and by the same title that
other Indian titles are held: but the President of the United States
may hereafter assign to any of the said half-breeds, to be held by him
or them in fee simple, any portion of said tract not exceeding a sec¬
tion, of six hundred and forty acres to each individual. And this
provision shall extend to the cession made by the Sioux in the preced¬
ing Article.

Article XI. The reservation of land mentioned in the preceding
Article having belonged to the Ottoes, and having been exclusively
ceded by them; it is agreed that the Omahas, the Ioways and the
Yanckton and Santie Bands of Sioux shall pay out of their annuities
to the said Ottoe Tribe, for the period of ten years, Three hundred
Dollars annually; of which sum the Omahas shall pay one hundred
Dollars, the Ioways one hundred Dollars, and the Yanckton and Santie
Bands one hundred dollars.

221

TREATY WITH THE CHOCTAWS, 1830.

Article XII. It is agreed that nothing contained in the foregoing
Articles shall be so construed as to affect any claim, or right in com¬
mon, which has heretofore been held by any Tribes, parties to this
Treaty, to any lands not embraced in the cession herein made; but
that the same shall be occupied and held by them as heretofore.

Article XIII. This Treaty, or any part thereof, shall take effect,
and be obligatory upon the Contracting parties, so soon as the same
shall be ratified by the President of the United States, by and with
the advice and consent of the Senate thereof.

TREATY WITH THE CHOCTAWS, 1830.

A treaty of perpetual friendship, cession and limits , entered into by
John II. Eaton and John Coffee, for and in behalf of the Govern¬
ment of the United States, and the Mingoes, Chiefs, Captains and
Warriors of the Choctaw Nation, begun and held at Dancing Hobbit
Creek, on the fifteenth of September, in the year eighteen hundred
and thirty.

Whereas the General Assembly of the State of Mississippi has
extended the. laws of said State to persons and property within the
chartered limits of the same, and the President of the United States
has said that he cannot protect the Choctaw people from the operation
of these laws; Now therefore that the Choctaw may live under their
own laws in peace with the United States and the State of Mississippi
they have determined to sell their lands east of the Mississippi and
have accordingly agreed to the following articles of treaty:*

Article I. Perpetual peace and friendship is pledged and agreed
upon by and between the United States and the Mingoes, Chiefs, and
Warriors of the Choctaw Nation of Red People; and that this may be
considered the Treaty existing between the parties all other Treaties
heretofore existing and inconsistent with the provisions of this are
hereby declared null and void.

Article II. The United States under a grant specially to be made
by the President of the U. S. shall cause to be conveyed to the Choc¬
taw Nation a tract of country west of the Mississippi River, in fee
simple to them and their descendants, to inure to them while they
shall exist as a nation and live on it, beginning near Fort Smith where
the Arkansas boundary crosses the Arkansas River, running thence to
the source of the Canadian fork; if in the limits of the United States,
or to those limits; thence due south to Red River, and down Red River
to the west boundary of the Territory of Arkansas; thence north along
that line to the beginning. The boundary of the same to.be agreea-
bljT to the Treaty made and concluded at Washington City in the year
1825. The grant to be executed so soon as the present Treaty shall
be ratified.

Article III. In consideration of the provisions contained in the sev¬
eral articles of this Treaty, the Choctaw nation of Indians consent and
hereby cede to the United States, the entire country they own and
possess, east of the Mississippi River; and they agree to move beyond
the Mississippi River, early as practicable, and will so arrange their
removal, that as many as possible of their people not exceeding one
half of the whole number, shall depart during the falls of 1831 and
1832; the residue to follow during the succeeding fall of 1833; a better
opportunity in this manner will be afforded the Government, to extend
to them the facilities and comforts which it is desirable should be
extended in conveying them to their new homes.

Saving of rights of
the tribes.

Treaty binding
when ratified.

Sept. 27, 1830.

7 Stat., 333.
Proclamation, Feb.
24, 1831.

Peace and friend¬
ship.

Country to be con¬
veyed to Choctaws.

Country ceded to
United States.

*This paragraph was not ratified.

222

TREATY WITH THE CHOCTAWS, 1830.

Self-government se¬
cured to Choctaws.

United States to pro¬
tect Choctaws, etc.

Article IV. The Government and people of the United States are
hereby obliged to secure to the said Choctaw Nation of Red People
the jurisdiction and government of all the persons and property that
ma}T be within their limits west, so that no Territory or State shall
ever have a right to pass laws for the government of the Choctaw
Nation of Red People and their descendants; and that no part of the
land granted them shall ever be embraced in any Territory or State;
but the U. S. shall forever secure said Choctaw Nation from, and
against, all laws except such as from time to time may be enacted in
their own National Councils, not inconsistent with the Constitution,
Treaties, and Laws of the United States; and except such as may, and
which have been enacted by Congress, to the extent that Congress
under the Constitution are required to exercise a legislation over
Indian Affairs. But the Choctaws, should this treaty be ratified,
express a wish that Congress may grant to the Choctaws the right of
punishing by their own laws, an}- white man who shall come into their
nation, and infringe any of their national regulations.

Article Y. The United States are obliged to protect the Choctaws
from domestic strife and from foreign enemies on the same principles
that the citizens of the United States are protected, so that whatever
would be a legal demand upon the U. S. for defence or for wrongs
committed by an enemy, on a citizen of the U. S. shall be equally bind¬
ing in favor of the Choctaws, and' in all cases where the Choctaws
shall be called upon by a legally authorized officer of the U. S. to fight
an enemy, such Choctaw shall receive the pay and other emoluments,
which citizens of the U. S. receive in such cases, provided, no war
shall be undertaken or prosecuted by said Choctaw Nation but by dec¬
laration made in full Council, and to be approved b}r the U. S. unless
it be in self defence against an open rebellion or against an enemy
marching into their country, in which cases they shall defend, until
the U. S. are advised thereof.

Offences against
citizens of United
States, etc.

Offences against
Choctaws.

Delivery of offend¬
ers.

Persons ordered
from the nation, etc.

Article VI. Should a Choctaw or any party of Choctaws commit
acts of violence upon the person or property of a citizen of the U. S.
or join any war party against any neighbouring tribe of Indians, with¬
out the authority in the preceding article; and except to oppose an
actual or threatened invasion or rebellion, such person so offending
shall be delivered up to an officer of the U. S. if in the power of the
Choctaw Nation, that such offender may be punished as may be pro¬
vided in such cases, by the laws of the U. S. ; but if such offender is
not within the control of the Choctaw Nation, then said Choctaw Nation
shall not be held responsible for the injury done by said offender.

Article VII. All acts of violence committed upon persons and
property of the people of the Choctaw Nation either by citizens of the
U. 8. or neighbouring Tribes of Red People, shall be referred to some
authorized Agent by him to be referred to the President of the U. S.
who shall examine into such cases and see that every possible degree
of justice is done to said Indian party of the Choctaw Nation.

Article VIII. Offenders against the laws of the U. S. or any indi¬
vidual State shall be apprehended and delivered to any duly authorized
person where such offender may be found in the Choctaw country,
having fled from any part of U. S. but in all such cases application
must be made to the Agent or Chiefs and the expense of his apprehen¬
sion and delivery provided for and paid by the U. States.

Article IX. Any citizen of the U. S. who may be ordered from
the Nation by the Agent and constituted authorities of the Nation and
refusing to obey or return into the Nation without the consent of the
aforesaid persons, shall be subject to such pains and penalties as may
be provided by the laws of the U. S. in such cases. Citizens of the
U. S. travelling peaceably under the authority of the laws of the U. S.
shall be under the care and protection of the nation.

TREATY WITH THE CHOCTAWS, 1830.

223

Article X. No person shall expose goods or other article for sale
as a trader, without a written permit from the constituted authorities
of the Nation, or authority of the laws of the Congress of the U. S.
under penalty of forfeiting the Articles, and the constituted authori¬
ties of the Nation shall grant no license except to such persons as reside
in the Nation and are answerable to the laws of the Nation. The U. S.
shall be particularly obliged to assist to prevent ardent spirits from
being introduced into the Nation.

Article XI. Navigable streams shall be free to the Choctaws who
shall pay no higher toll or duty than citizens of the U. S. It is agreed
further that the U. S. shall establish one or more Post Offices in said
Nation, and may establish such military post roads, and posts, as they
may consider necessary.

Article XII. All intruders shall be removed from the Choctaw
Nation and kept without it. Private property to be always respected
and on no occasion taken for public purposes without just compensa¬
tion being made therefor to the rightful owner. If an Indian unlaw¬
fully take or steal any property from a white man a citizen of the U. S.
the offender shall be punished. And if a white man unlawfully take
or steal any thing from an Indian, the property shall be restored and
the offender punished. It is further agreed that when a Choctaw shall
be given up to be tried for any offence against the laws of the U. S. if
unable to employ counsel to defend him, the U. S. will do it, that his
trial may be fair and impartial.

Article XIII. It is consented that a qualified Agent shall be
appointed for the Choctaws every four years, unless sooner removed
by the President; and he shall be removed on petition of the consti¬
tuted authorities of the Nation, the President being satisfied there is
sufficient cause shown. The Agent shall fix his residence convenient
to the great body of the people; and in the selection of an Agent
immediately after the ratification of this Treaty, the wishes of the
Choctaw Nation on the subject shall be entitled to great respect.

Article XIY. Each Choctaw head of a family being desirous to
remain and become a citizen of the States, shall be permitted to do so,
by signif ying his intention to the Agent within six months from the
ratification of this Treaty, and he or she shall thereupon be entitled to
a reservation of one section of six hundred and forty acres of land, to
be bounded by sectional lines of survey; in like manner shall be enti¬
tled to one half that quantity for each unmarried child which is living
with him over ten years of age; and a quarter section to such child as
may be under 10 years of age, to adjoin the location of the parent. If
they reside upon said lands intending to become citizens of the States
for five years after the ratification of this Treat}7, in that case a grant
in fee simple shall issue; said reservation shall include the present
improvement of the head of the family, or a portion of it. Persons
who claim under this article shall not lose the privilege of a Choctaw
citizen, but if they ever remove are not to be entitled to any portion
of the Choctaw annuity.

Article XV. To each of the Chiefs in the Choctaw Nation (to wit)
Greenwood Laflore, Nutackachie, and Mushulatubbe there is granted
a reservation of four sections of land, two of which shall include and
adjoin their present improvement, and the other two located where
they please but on unoccupied unimproved lands, such sections shall
be bounded by sectional lines, and with the consent of the President
they may sell the same. Also to the three principal Chiefs and to their
successors in office there shall be paid two hundred and fifty dollars
annually while they shall continue in their respective- offices, except to
Mushulatubbe, who as he has an annuity of one hundred and fifty dol¬
lars for life under a former treaty, shall receive only the additional
sum of one hundred dollars, while he shall continue in office as Chief:

Traders to require a
written permit.

Navigable streams,
post-offices, r* d mili¬
tary posts.

Intruders.

Theft.

Agent.

Choctaws wishing to
become citizens of
United States.

Reservations for
chiefs.

Annuities.

224

TREATY WITH THE CHOCTAWS, 1830.

Pay of chiefs, etc.

Removal of Indians.

Cattle.

Annuities under
former treaties.

Further annuity.

Survey of ceded
lands, etc.

Reservations of
land, for—

Certain individuals.

Heads of families.

and if in addition to this the Nation shall think proper to elect an addi¬
tional principal Chief of the whole to superintend and govern upon
republican principles he shall receive annually for his services five hun¬
dred dollars, which allowance to the Chiefs and their successors in
office, shall continue for twenty years. At any time when in military
service, and while in service by authority of the U. S. the district Chiefs
under and by selection of the President shall be entitled to the pay of
Majors; the other Chief under the same circumstances shall have the
pay of a Lieutenant Colonel. The Speakers of the three districts, shall
receive twenty -five dollars a year for four years each ; and the three
secretaries one to each of the Chiefs, fifty dollars each for four years.
Each Captain of the Nation, the number not to exceed ninety-nine,
thirty-three from each district, shall be furnished upon removing to
the West, with each a good suit of clothes and a broad sword as an
outfit, and for four years commencing with the first of their removal,
shall each receive fifty dollars a year, for the trouble of keeping their
people at order in settling; and whenever they shall be in military
service by authority of the U. S. shall receive the pay of a captain.

Article XVI. In wagons; and with steam boats as may be found
necessary — the U. S. agree to remove the Indians to their new homes
at their expense and under the care of discreet and careful persons,
who will be kind and brotherly to them. They agree to furnish them
with ample corn and beef, or pork for themselves and families for
twelve months after reaching their new homes.

It is agreed further that the U. S. will take all their cattle, at the
valuation of some discreet person to be appointed by the President,
and the same shall be paid for in money after their arrival at their
new homes; or other cattle such as may be desired shall be furnished
them, notice being given through their Agent of their wishes upon
this subject before their removal that time to supply the demand may
be afforded.

Article X VII. The several annuities and sums secured under
former Treaties to the Choctaw nation and people shall continue as
though this Treaty had never been made.

And it is further agreed that the U. S. in addition will pay the sum
of twenty thousand dollars for twenty years, commencing after their
removal to the west, of which, in the first year after their removal,
ten thousand dollars shall be divided and arranged to such as may not
receive reservations under this Treaty.

Art. XVIII. The U. S. shall cause the lands hereby ceded to be
surveyed; and surveyors may enter the Choctaw Country for that pur¬
pose, conducting themselves properly and disturbing or interrupting
none of the Choctaw people. But no person is to be permitted to set¬
tle within the nation, or the lands to be sold before the Choctaws shall
remove. And for the payment of the several amounts secured in this
Treaty, the lands hereby ceded are to remain a fund pledged to that
purpose, until the debt shall be provided for and arranged. And fur¬
ther it is agreed, that in the construction of this Treaty wherever well
founded doubt shall arise, it shall be construed most favorably towards
the Choctaws.

Article XIX. The following reservations of land are hereby admit¬
ted. To Colonel David Fulsom four sections of which two shall include
his present improvement, and two may be located elsewhere, on unoc¬
cupied, unimproved land.

To I. Garland, Colonel Robert Cole, Tuppanahomei , John Pytchlynn,
Charles Juzan, Joholebetubbe, Eaychahobia, Ofehoma, two sections,
each to include their improvements, and to be bounded by sectional
lines, and the same may be disposed of and sold with the consent of the
President. And that others not provided for, may be provided for,
there shall be reserved as follows:

First. One section to each head of a family not exceeding Forty in

225

TREATY WITH THE CHOCTAWS, 1830.

number, who during the present year, may have had in actual cultiva¬
tion, with a dwelling house thereon fifty acres or more. Secondly, three
quarter sections after the manner aforesaid to each head of a family not
exceeding four hundred and sixty, as shall have cultivated thirty acres
and less than fifty, to be bounded by quarter section lines of survey,
and to be contiguous and adjoining.

Third; One half section as aforesaid to those who shall have culti¬
vated from twenty to thirty acres the number not to exceed four hundred.

Fourth; a quarter section as aforesaid to such as shall have cultivated
from twelve to twenty acres, the number not to exceed three hundred
and fifty, and one half that quantity to such as shall have cultivated
from two to twelve acres, the number also not to exceed three hundred
and fifty persons. Each of said class of cases shall be subject to the
limitations contained in the first class, and shall be so located as to
include that part of the improvement which contains the dwelling house.

If a greater number shall be found to be entitled to reservations under
the several classes of this article, than is stipulated for under the limita¬
tion prescribed, then and in that case the Chiefs separately or together
shall determine the persons who shall be excluded in the respective
districts.

Fifth; Any Captain the number not exceeding ninety persons, who captains,
under the provisions of this article shall receive less than a section, he
shall be entitled, to an additional quantity of half a section adjoining to
his other reservation. The several reservations secured under this
article, may be sold with the consent of the President of the U. 8. but
should any prefer it, or omit to take a reservation for the quantity he
may be entitled to, theU. S. will on his removing pay fifty cent's an acre,
after reaching their new homes, provided that before the first of January
next they shall adduce to the Agent, or some other authorized person
to be appointed, proof of his claim and the quantity of it. Sixth; like- orphans,
wise children of the Choctaw Nation residing in the Nation, who have
neither father nor mother a list of which, with satisfactory proof of
Parentage and orphanage being filed with Agent in six months to fie for¬
warded to the W ar Department, shall be entitled to a quarter section
of Land, to be located under the direction of the President, and with
his consent the same may be sold and the proceeds applied to some
beneficial purpose for the benefit of said orphans.

Article XX. The U. S. agree and stipulate as follows, that for the united states °for the
benefit and advantage of the Choctaw people, and to improve their con- benefit of the°choc-
dition, their shall be educated under the direction of the President and taws<
at the expense of the U. S. forty Choctaw youths for twenty years. This
number shall be kept at school, and as they finish their education others, .
to supply their places shall be received *for the period stated. The U. S.
agree also to erect a Council House for the Nation at some convenient
central point, after their people shall be settled; and a House for each
Chief, also a Church for each of the three Districts, to be used also as
school houses, until the Nation may conclude to build others; and for
these purposes ten thousand dollars shall be appropriated; also fifty
thousand dollars (viz.) twenty-five hundred dollars annually shall be
given for the support of three teachers of schools for twenty years.

Likewise there shall be furnished to the Nation, three Blacksmiths one
for each district for sixteen years, and a qualified MillWright for five
years; Also there shall be furnished the following articles, twenty-one
hundred blankets, to each warrior who emigrates a rifle, moulds, wipers
and ammunition. One thousand axes, ploughs, hoes, wheels and cards
each; and four hundred looms. There shall also be furnished, one ton
of iron and two hundred weight of steel annually to each District for
sixteen years.

S. Doc. 452 - 15

226

TREATY WITH THE CHOCTAWS, 1830.

id°rarriors° certain Article XXI. A few Choctaw Warriors jet survive who marched
and fought in the army with General Wayne, the whole number
stated not to exceed twenty. ,

These it is agreed shall hereafter, while they live, receive twenty-
five dollars a year; a list of them to be early as practicable, and within
six months, made out, and presented to the Agent, to be forwarded to
the War Department.

Delegate to con- Article XXII. The Chiefs of the Choctaws who have suggested
ress> that their people are in a state of rapid advancement in education and

refinement, and have expressed a solicitude that they might have the
privilege of a Delegate on the floor of the House of Representatives
extended to them. The Commissioners do not feel that they can under
a treaty stipulation accede to the request, but at their desire, present
it in the Treaty, that Congress may consider of, and decide the appli¬
cation.

Supplementary Articles to the Preceding Treaty.

Various Choctaw persons have been presented by the Chiefs of the
nation, with a desire that they might be provided for. Being partic¬
ularly deserving, an earnestness has been manifested that provision
night be made for them. It is therefore by the undersigned commis¬
sioners here assented to, with the understanding that they are to have
no interest in the reservations which are directed and provided for
under the general Treaty to which this is a supplement.

As evidence of the liberal and kind feelings of the President and
Government of the United States the Commissioners agree to the
request as follows, (to wit) Pierre Juzan, Peter Pitchlynn, G. W. Har¬
kins, Jack Pitchlynn, Israel Fulsom, Louis Laflore, Benjamin James,
Joel H. Nail, Hopoynjahubbee, Onorkubbee, Benjamin Laflore, Michael
Laflore and Allen Yates and wife shall be entitled to a reservation of
two sections of land each to include their improvement where they at
present reside, with the exception of the three first named persons and
Benjamin Laflore, who are authorized to locate one of their sections
on any other unimproved and unoccupied land, within their respective
districts.

Article H. And to each of the following persons there is allowed
a reservation of a section and a half of land, (to wit) James L. McDon¬
ald, Robert Jones, Noah Wall, James Campbell, G. Nelson, Vaughn
Brashears, R. Harris, Little Leader, S. Foster, J. Vaughn, L. Durans,
Samuel Long, T. Magagha, Thos. Everge, Giles Thompson, Tomas
Garland, John Bond, William Laflore, and Turner Brashears, the two
first named persons, may locate one section each, and one section
jointly on any unimproved and unoccupied land, these not residing in
the Nation; The others are to include their present residence and
improvement.

Also one section is allowed to the following persons (to wit) Middle-
ton Mackey, Wesley Train, Choclehomo, Moses Foster, D. W. Wall,
Charles Scott, Molly Nail, Susan Colbert, who was formerly Susan
James, Samuel Garland, Silas Fisher, D. McCurtain, Oaklahoma, and
Polly Fillecuthey, to be located in entire sections to include their pres¬
ent residence and improvement, with the exception of Molly Nail and
Susan Colbert, who are authorized to locate theirs, on any unimproved
unoccupied land.

John Pitchlynn has long and faithfully served the nation in charac¬
ter of U. States Interpreter, he has acted as such for forty years, in
consideration it is agreed, in addition to what has been done for him
there shall be granted to two of his children, (to wit) Silas Pitchlynn,
and Thomas Pitchlynn one section of land each, to adjoin the location

227

TREATY WITH THE CHOCTAWS, 1830.

i°ff%ir fatlier; likewise to James Madison and Peter sons of Mushu-
latubbee one section of land each to include the old house and improve¬
ment where their father formerly lived on the old military road
adjoining a large Prerarie. J

And to Henry Groves son of the Chief Nattieache there is one section
of land given to adjoin his father’s land.

And to each of the following persons half a section of land is granted
on any unoccupied and unimproved lands in the Districts where they
respectively live (to wit) Willis Harkins, James D. Hamilton, William
Juzan, Tobias Laflore, Jo Doke, Jacob Fulsom, P. Hays, Samuel
M orcester, George Hunter, William Train, Robert Nail and Alexander
McKee.

And there is given a quarter section of land each to Delila and her
nve fatherless children, she being a Choctaw woman residing out of
the nation; also the same quantity to Peggy Trihan, another Indian
woman residing out of the nation and her two fatherless children; and
to the widows of Pushmilaha, and Pucktshenubbee, who were formerly
distinguished Chiefs of the nation and for their children four quarter
sections of land, each in trust for themselves and their children.

All of said last mentioned reservations are to be located under and Exploring party
by direction of the President of the U. States.

Article III. The Choctaw people now that they have ceded their
lands are solicitous to get to their new homes early as possible and
accordingly they wish that a party may be permitted to proceed this
fall to ascertain whereabouts will be most advantageous for their people
to be located. r

It is therefore agreed that three or four persons (from each of the
three districts) under the guidance of some discreet and well qualified
person or persons may proceed during this fall to the West upon an
examination of the country.

For their time and expenses the U. States agree to allow the said
twelve persons two dollars a day each, not to exceed one hundred days,
which is deemed to be ample time to make an examination.

If necessary, pilots acquainted with the country will be furnished
when they arrive in the West.

Article IV. John Donly of Alabama who has several Choctaw grand Reservation,
children, and who for twenty years has carried the mail through the
Choctaw Nation, a desire by the Chiefs is expressed that he may have a
section of land, it is accordingly granted, to be located in one entire
section, on any unimproved and unoccupied land.

Allen Glover and George S. Gaines licensed Traders in the Choctaw GS? toGloverand
Nation, have accounts amounting to upwards of nine thousand dollars ainea
against the Indians who are unable to pay their said debts without dis¬
tressing their families; a desire is expressed by the Chiefs that two
sections of land be set apart to be sold and the proceeds thereof to be
applied toward the payment of the aforesaid debts. It is agreed that
two sections of any unimproved and unoccupied land be granted to
George S. Gaines who will sell the same for the best price he can obtain
and apply the proceeds thereof to the credit of the Indians on their
accounts due to the before mentioned Glover and Gaines; and shall
make the application to the poorest Indian first.

At the earnest and particular request of the Chief Greenwood Laflore Reservation,
there is granted to David Haley one half section of land to be located in
a half section on am^ unoccupied and unimproved land as a compensa¬
tion, for a journey to Washington City with dispatches to the Govern¬
ment and returning others to the Choctaw Nation.

228

TKEATY WITH THE MENOMINEES, 1831.

TREATY WITH THE MENOMINEES, 1831.

Feb. 8. i83i. Articles of agreement made and concluded at the City of Washington ,
7 stat., 342. this eighth day of February , one thousand eight hundred and thirty-

p^iamatiGn, July one^ between John H. Eaton , Secretary of War , and Samuel G. Stam-
baugh, Indian Agent at Green Bay , specially authorized by the Presi¬
dent of the United States , and the undersigned chiefs and head men
of the Menomonee nation of Indians, f ully authorized aoid empowered
by the said nation , to conclude and settle all matters provided for by
this agreement.

The Menomonee Tribe of Indians, by their delegates in council, this
dav, define the boundaries of their country as follows, to wit;
aom™eeacSntrfvMe' On the east side of Green Bay, Fox river, and Winnebago lake;

beginning at the south end of Winnebago lake; thence southeastward^
to the Milwauky or Manawauky river; thence down said river to its
mouth at lake IVlichigan; thence north, along the shore of lake Michi¬
gan, to the mouth of Green Bay; thence up Green Bay, Fox river,
and Winnebago lake, to the place of beginning. And on the west side
of Fox river as follows: beginning at the mouth of Fox river, thence
down the east shore of Green bay, and across its mouth, so as to include
all the islands of the “Grand Traverse;” thence westerty, on the high¬
lands between the lake Superior and Green bay, to the upper forks of
the Menomonee river; thence to the Plover portage of the Wisconsin
river; thence up the Wisconsin river, to the Soft Maple river; thence
to the source of the Soft Maple river; thence west to the Plume river,
which falls into the Chippeway river; thence down said Plume river to
its mouth; thence down the Chippeway river thirty miles; thence
easterly to the forks of the Mano}7 river, which falls into the Wiscon¬
sin river; thence down the said Manoy river to its mouth; thence
down the Wisconsin river to the Wisconsin portage; thence across the
said portage to the Fox river; thence down Fox river to its mouth at
Green bay, or the place of beginning.

The country described within the above boundaries, the Menomonees
claim as the exclusive property of their tribe. Not yet having dis¬
posed of any of their lands, they receive no annuities from the United
States: whereas their brothers the Pootowottomees on the south, and
the Winnebagoes on the west, have sold a great portion of their coun¬
try, receive large annuities, and are now encroaching upon the lands
of the Menomonees. For the purposes, therefore, or establishing the
boundaries of their country, and of ceding certain portions of their
lands to the United States, in order to secure great and lasting bene¬
fits to themselves and posterity, as well as for the purpose of settling
the long existing dispute between themselves and the several tribes of
the New York Indians, who claim to have purchased a portion of their
lands, the undersigned, chiefs and headmen of the Menomonee tribe,
stipulate and agree with the United States, as follows:

First. The Menomonee tribe of Indians declare themselves the
friends and allies of the United States, under whose parental care and
protection thej7 desire to continue; and although always protesting that
they are under no obligation to recognize any claim of the New York
Indians to any portion of their country ; that they neither sold nor
received any value, for the land claimed by these tribes; yet, at the
solicitation of their Great Father, the President of the United States,
cession of land to and as an evidence of their love and veneration for him, they agree
Efit of1 thefN ehw ^at such part of the land described, being within the following bound-
York Indians.6 1 ew aries, as he may direct, may be set apart as a home to the several tribes
of the New York Indians, who may remove to, and settle upon the
same, within three years from the date of this agreement, viz: begin¬
ning on the west side of Fox river, near the “Little Kackalin,” at a

229

TREATY WITH THE MEN OMINEES , 1831.

point known as the “Old Mill Dam;” thence northwest forty miles; Boundaries,
thence northeast to the Oconto creek, falling into Green bay; thence
down said Oconto creek to Green bay; thence up and along Green
bay and Fox river to the place of beginning; excluding therefrom
all private land claims confirmed, and also the following reservation
for military purposes; beginning on the Fox river, at the mouth
of the first creek above Tort Howard; thence north sixty-four
degrees west to Duck creek; thence down said Duck creek to its
mouth; thence up and along Green bay and Fox river to the place
of beginning. The Menomonee Indians, also reserve, for the use
of the United States, from the country herein designated for the
New York Indians, timber and firewood for the United States’ garri¬
son, and as much land as may be deemed necessary for public high¬
ways, to be located by the direction, and at the discretion of the
President of the United States. The country hereby ceded to the
United States, for the benefit of the New York Indians, contains by
estimation about five hundred thousand acres, and includes all their
improvements on the west side of Fox river. As it is intended for a
home for the several tribes of the New York Indians, who may be
residing upon the lands at the expiration of three years from this Sate,
and for none others, the President of the United States is hereby
empowered to apportion the lands among the actual occupants at that
time, so as not to assign to any tribe a greater number of acres than
may be equal to one hundred for each soul actually settled upon the
lands, and if, at the time of such apportionment, any lands shall
remain unoccupied by any tribe of the New York Indians, such por¬
tion as would have belonged to said Indians, had it been occupied, shall
revert to the United States. That portion, if any, so reverting, to be
laid off by the President of the United States. It is distinctly under¬
stood, that the lands hereby ceded to the United States for the New
York Indians, are to be held by those tribes, under such tenure as the
Menonomee Indians now hold their lands, subject to such regulations
and alteration of tenure, as Congress and the President of the United
States shall, from time to time, think proper to adopt.

Second. F or the above cession to the U nited States, for the benefit consideration,
of the New York Indians, the United States consent to pay the Menom¬
onee Indians, twenty thousand dollars; five thousand to be paid on
the first day of August next, and five thousand annually thereafter;
which sums shall be applied to the use of the Menomonees, after such
manner as the President of the United States may direct.

Third. The Menomonee tribe of Indians, in consideration of the Further cession of
kindness and protection of the Government of the United States, and states.10 tbe Umted
for the purpose of securing to themselves and posterity, a comfortable
home, hereby cede and forever relinquish to the United States, all their
country on the southeast side of Winnebago lake, Fox river, and
Green bay, which they describe in the following boundaries, to wit:
beginningat the south end of Winnebago lake, and running in a south¬
east direction to Milwauky or Manawauky river; thence down said
river to its mouth; thence north, along the shore of lake Michigan, to
the entrance of Green bay; thence up and along Green bay, Fox river,
and Winnebago lake, to the place of beginning; excluding all private
land claims which the United States have heretofore confirmed and
sanctioned. It is also agreed that all the islands which lie in Fox river
and Green bay, are likewise ceded; the whole comprising by estima¬
tion, two million five hundred thousand acres.

Fourth. The following described tract of land, at present owned Reservation,
and occupied by the Menomonee Indians, shall be set apart, and des¬
ignated for their future homes, upon which their improvements as an
agricultural people are to be made: beginning on the West side of
Fox river, at the “Old Mill Dam” near the “Little Kackalin,” and
running up and along said river, to the Winnebago lake; thence along

230

TREATY WITH THE MENOMINEES, 1831.

Farmers, etc.

Dwelling houses.

Grist and sawmill.

Clothing and flour

Annuity, etc.

said lake to the mouth of Fox river; thence up Fox river to the Wolf
river; thence up Wolf river to a point southwest of the west corner
of the tract herein designated for the New York Indians; thence north¬
east to said west corner; thence southeast to the place of beginning.
The above reservation being made to the Menomonee Indians for the
purpose of weaning them from their wandering habits, by attaching
them to comfortable homes, the President of the United States, as a
mark of affection for his children of the Menomonee tribe, will cause
to be employed five farmers of established character for capacity,
industry, and moral habits, for ten successive years, whose duty it
shall be to assist the Menomonee Indians in the cultivation of their
farms, and to instruct their children in the business and occupation of
farming. Also, five females shall be employed, of like good character,
for the purpose of teaching young Menomonee women, in the business
of useful housewifery, during a period of ten years. — The annual
compensation allowed to the farmers, shall not exceed five hundred
dollars, and that of the females three hundred dollars. And the
United States will cause to be erected, houses suited to their condi¬
tion, on said lands, as soon as the Indians agree to occupy them, for
which ten thousand dollars shall be appropriated; also, houses for the
farmers, for which three thousand dollars shall be appropriated; to
be expended under the direction of the Secretary of War. Whenever
the Menomonees thus settle their lands, they shall be supplied with
useful household articles, horses, cows, hogs, and sheep, farming
utensils, and other articles of husbandry necessary to their comfort,
to the value of six thousand dollars; and they desire that some suita¬
ble device may be stamped upon such articles, to preserve them from
sale or barter, to evil disposed white persons: none of which, nor any
other articles with which the United States may at any time furnish
them, shall be liable to sale, or be disposed of or bargained, without
permission of the agent. The whole to be under the immediate care
of the farmers employed to remain among said Indians, but subject to
the general control of the United States’ Indian Agent at Green Bay
acting under the Secretaiy of War. The United States will erect a
grist and saw mill on Fox river, for the benefit of the Menomonee
Indians, and employ a good miller, subject to the direction of the
agent, whose business it shall be to grind the grain, required for the
use of the Menomonee Indians, and saw the lumber necessary for
building on their lands, as also to instruct such young men of the
Menomonee nation, as desire to, and conveniently can be instructed
in the trade of a miller. The expenses of erecting such mills, and a
house for the miller to reside in, shall not exceed six thousand dollars,
and the annual compensation of the miller shall be six hundred dol¬
lars, to continue for ten years. And if the mills so erected by the
United States, can saw more lumber or grind more grain, than is
required for the proper use of said Menomonee Indians, the proceeds
of such milling shall be applied to the payment of other expenses
occurring in the Green bay agency, under the direction of the
Secretary of War.

In addition to the above provision made for the Menomonee Indians,
the President of the United States will cause articles of clothing to be
distributed among their tribe at Green bay, within six months from
the date of this agreement, to the amount of eight thousand dollars;
and flour and wholesome provisions, to the amount of one thousand
dollars, one thousand dollars to be paid in specie. The cost of the
transportation of the clothing and provisions, to be included in the
sum expended. There shall also be allowed annually thereafter, for
the space of twelve successive years, to the Menomonee tribe, in such
manner and form as the President of the United States shall deem
most beneficial and advantageous to the Indians, the sum of six thou-

231

TREATY WITH THE MEN OMINEES , 1831.

sand dollars As a matter of great importance to the Menomonees,
there shall be one or more gun and blacksmith’s shops erected, to be
supplied with a necessary quantity of iron and steel, which, with a
shop at Green bay, shall be kept up for the use of the tribe, and con¬
tinued at the discretion of the President of the United States. There
shall also be a house for an interpreter to reside in, erected at Green
bay, the expenses not to exceed live hundred dollars.

Fifth. In the treaty of Butte des Morts, concluded in August 1827, Education of Me¬
an article is contained, appropriating one thousand five hundred dollars nominees-
annually , for the support of schools in the Menomonee country. And
the representatives of the Menomonee nation, who are parties hereto
require, and it is agreed to, that said appropriation shall be increased

i 6 j . r, y°dars5 and continued for ten years from this date, to be
placed in the hands of the Secretary at War, in trust for the exclusive
use and benefit of the Menomonee tribe of Indians, and to be applied by
him to the education of the children of the Menomonee Indians in
such manner as he may deem most advisable.

Sixth. The Menomonee tribe of Indians shall be at liberty to hunt certain privileges
and fish on the lands they have now ceded to the United States, on the reserved-
east side of Fox river and Green bay, with the same privileges they at
present enjoy, until it be surveyed and offered for sale by the Presi¬
dent; they conducting themselves peaceably and orderly. The chiefs
and Warriors of the Menomonee nation, acting under the authority
and on behalf of their tribe, solemnly pledge themselves to preserve
peace and harmony between their people and the Government of the
United States forever. They neither acknowledge the power nor pro¬
tection of any other State or people. A departure from this pledge
by any portion of their tribe, shall be a forfeiture of the protection of
the United States’ Government, and their annuities will cease. In thus
declaring their friendship for the United States, however, the Menom¬
onee tribe of Indians, having the most implicit confidence in their
great father, the President of the United States, desire that he will, as
a kind and faithful guardian of their welfare, direct the provisions of
this compact to be carried into immediate effect. The Menomonee New York Indians,
chiefs request that such part of it as relates to the New York Indians,
be immediately submitted to the representatives of their tribes. And
if they refuse to accept the provision made for their benefit, and to
remove upon the lands set apart for them, on the west side of Fox
river, that he will direct their immediate removal from the Menom¬
onee country; but if they agree to accept of the liberal offer made to
them by the parties to this compact, then the Menomonee tribe as duti¬
ful children of their great father the President, will take them by the
hand as brothers, and settle down with them in peace and friendship.

The boundary, as stated and defined in this agreement, of the Me¬
nomonee country, with the exception of the cessions herein before
made to the United States, the Menomonees claim as their country;
that part of it adjoining the farming country, on the west side of Fox
river, will remain to them as heretofore, for a hunting ground, until
the President of the United States, shall deem it expedient to extin¬
guish their title. In that case, the Menomonee tribe promise to
surrender it immediately, upon being notified of the desire of Govern¬
ment to possess it. The additional annuity then to be paid to the
Menomonee tribe, to be fixed by the President of the United States.

It is conceded to the United States that they may enjoy the right of
making such roads, and of establishing such military posts, in any part
of the country now occupied by the Menomonee nation, as the Presi¬
dent at any time may think proper.

As a further earnest of the good feeling on the part of their great t. Expenses of deiega-
father, it is agreed that the expenses of the Menomonee delegation to tlon’ etc*
the city of Washington, and of returning, will be paid, and that a

232

TREATY WITH THE MENOMINEES, 1831.

comfortable suit of clothes will be provided for each; also, that the
United States will cause four thousand dollars to be expended in pro¬
curing fowling guns, and ammunition for them; and likewise, in lieu
of any garrison rations, hereafter allowed or received by them, there
shall be procured and given to said tribe one thousand dollars worth
of good and wholesome provisions annually, for four years, by which
time it is hoped their hunting habits may cease, and their attention be
turned to the pursuits of agriculture.

Feb. i7, 1831. Whereas certain articles of agreement were entered into and con-
7 stat., 346. eluded at the city of Washington, on the 8th day of February instant,

between the undersigned, Commissioners on behalf of the United States,
and the chiefs and warriors, representing the Menomonee tribe of
Indians, whereby a portion of the Menomonee country, on the north¬
west side of Fox river and Green bay, was ceded to the United States,
for the benefit of the New York Indians, upon certain conditions and
- restrictions therein expressed : And whereas it has been represented
to the parties to that agreement, who are parties hereto, that it would
be more desirable and satisfactory to some of those interested that one
or two immaterial changes be made in the first and sixth articles, so
as not to limit the number of acres to one hundred for each soul who
may be settled upon the land when the President apportions it, as also
to make unlimited the time of removal and settlement upon these lands
by the New York Indians, but to leave both these matters discretionary
with the President of the United States.

Now, therefore, as a proof of the sincerity of the professions made
by the Menomonee Indians, when they declared themselves anxious to
terminate in an amicable manner, their disputes with the New York
Indians, and also as a further proof of their love and veneration for
their great father, the President of the United States, the undersigned,
representatives of the Menomonee tribe of Indians, unite and agree
with the Commissioners aforesaid, in making and acknowledging the
following supplemental articles a part of their former aforesaid
agreement.

scritfetimeforrem16" First. It is agreed between the undersigned, commissioners on

aiand^ttiemen^of behalf of the United States, and the chiefs and warriors representing

New York Indians, the Menomonee tribe of Indians, that, for the reasons above expressed,
such parts of the* first article of the agreement, entered into between the
parties hereto, on the eighth instant, as limits the removal and settle¬
ment of the New York Indians upon the lands therein provided for
their future homes, to three years, shall be altered and amended, so as
to read as follows: That the President of the United States shall pre¬
scribe the time for the removal and settlement of the New York Indians
upon the lands thus provided for them; and, at the expiration of such
reasonable time, he shall apportion the land among the actual settlers,
in such manner as he shall deem equitable and just. And if, within
such reasonable time, as the President of the United States shall pre¬
scribe for that purpose, the New York Indians, shall refuse to accept
the provisions made for their benefit, or having agreed, shall neglect
or refuse to remove from New York, and settle on the said lands,
within the time prescribed for that purpose, that then, and in either
of these events, the lands aforesaid shall be, and remain the property
of the United States, according to said first article, excepting so much
thereof, as the President shall deem justly due to such of the New York
Indians, as shall actually have removed to, and settled on the said
lands.

Second. It is further agreed that the part of the sixth article of the
agreement aforesaid, which requires the removal of those of the New
York Indians, who may not be settled on the lands at the end of three
years, shall be so amended as to leave such removal discretionary with

TREATY WITH THE SENECAS, 1831.

233

the President of the United States. The Menomonee Indians having
full confidence, that, in making his decision, he will take into consid¬
eration the welfare and prosperity of their nation.

[Note. — This treaty was ratified with the following Proviso contained in the Res¬
olution of the Senate:

Provided, That for the purpose of establishing the rights of the New York Indians,
on a permanent and just footing, the said treaty shall be ratified with the express
understanding that two townships of land on the east side of the Winnebago lake,
equal to forty-six thousand and eighty acres shall be laid off, (to commence at some
point to be agreed on,) for the use of the Stockbridge and Munsee tribes; and that
the improvements made on the lands now in the possession of the said tribes, on the
east side of the Fox river, which said lands are to be relinquished, shall, after being
valued by a commissioner to be appointed by the President of the United States, be
paid for by the Government: Provided , however, that the valuation of such improve¬
ments, shall not exceed the sum. of twenty-five thousand dollars; and that there
shall be one township of land, adjoining the foregoing, equal to twenty-three thou¬
sand and forty acres, laid off and granted for the use of the Brothertown Indians,
who are to be paid, by the Government the sum of one thousand six hundred dollars
for the improvements on the lands now in their possession, on the east side of Fox
river, and which lands are to be relinquished by said Indians: Also, that a new line
shall be run, parallel to the south western boundary line, or course of the tract of
five hundred thousand acres described in the first article of this treaty, and set apart
for the New York Indians, to commence at a point on the west side of the Fox river,
and one mile above the Grand Shute on Fox river, and at a sufficient distance from
the said boundary line as established by the said first article, as shall comprehend
the additional quantity of two hundred thousand acres of land, on and along the
west side of Fox river, without including any of the confirmed private land claims
on the Fox river, and which two hundred thousand acres shall be a part of the five
hundred thousand acres intended to be set apart for the Six Nations of the New York
Indians and the St. Regis tribe; and that an equal quantity to that which is added
on the southwestern side shall be taken off from the northeastern side of the said
tract, described in that article, on the Oconto Creek, to be determined by a Com¬
missioner, to be appointed by the President of the United States; so that the whole
number of acres to be granted to the Six Nations, and St. Regis tribe of Indians,
shall not exceed the quantity originally stipulated by the treaty.”]

TREATY WITH THE SENECAS, 1831.

Articles of agreement and convention , made and concluded at the City
of Washington , on the twenty -eighth day of February, in the year of
our Lord , one thousand eight hundred and thirty-one , by and between
James B. Gardiner, specially appointed Commissioner on the part of
the United States, of the one part, and the undersigned, principal
Chiefs and Warriors of the Seneca tribe of Indians, residing on the
Sandusky river in the State of Ohio , on the part of said tribe, of the
other * part / for the cession of the lands now owned and occupied by
the said tribe of Indians, lying on the waters of the Sandusky river,
and situate within the territorial limits of the organized counties of
Seneca and Sandusky, in said State of Ohio.

Whereas the tribe of Seneca Indians, residing on Sandusky River,
in the State of Ohio, have earnestly solicited the President of the
United States to negotiate with them, for an exchange of the lands,
now owned and occupied by them, for lands of the United States, west
of the river Mississippi, and for the removal and permanent settlement
of said tribe: Therefore, in order to carry into effect the aforesaid
objects, the following articles have been agreed upon:

Art. 1. The Seneca tribe of Indians, in consideration of the stipula¬
tions herein made on the part of the United States, do forever cede,
release and quit claim to the United States, the lands granted to them,
by patent, in fee simple, by the sixth section of the Treaty , made at
the foot of the Rapids of the Miami River of Lake Erie, on the twenty-
ninth daj7 of September, in the year 1817, containing thirty thousand
acres, and described as follows : ‘ ‘ beginning on the Sandusky river at

Amendment.

Stockbridge and
Munsees.

Brothertown In¬
dians.

New York Indians.

Feb. 28, 1831.

7Stat., 348.
Proclamation, Mar.
24, 1831.

Cession by the Sen¬
ecas.

234

TREATY WITH THE SENECAS, 1831.

Removal of Senecas.-

Grant to them.

One year’s support.

Gristmill, sawmill,
etc.

Advance of $6,000.

Live stock, etc.

Expenses of delega¬
tion.

Sale of lands.

the lower corner of the section granted to William Spicer; thence
down the river on the east side, with the meanders thereof at high
water mark, to a point east of the mouth of Wolf Creek; thence, and
from the beginning, east, so far that a north line will include the quan¬
tity of thirty thousand acres.” And said tribe also cede, as aforesaid,
one other tract of land, reserved for the use of the said Senecas, by
the second article of the treaty, made at St. Mary’s, in the State of
Ohio, on the seventeenth day of September, in the year 1818, which
tract is described in said treaty as follows: “Ten thousand acres of
land, to be laid otf on the east side of the Sandusky river, adjoining the
south side of their reservation of thirty thousand acres, which begins
on the Sandusky river, at the lower corner of William Spicer’s sec¬
tion, and excluding therefrom the said William Spicer’s section:”
making, in the whole of this cession, forty thousand acres.

Art. 2. In consideration of the cessions stipulated in the foregoing
article; the United States agree to cause the said tribe of Senecas, con¬
sisting of about four hundred souls, to be removed in a convenient and
suitable manner, to the Western side of the Mississippi river; and will
grant them, by patent, in fee simple, as long as they shall exist as a
nation and remain on the same, a tract of land, situate on, and adja¬
cent to the northern boundary of the lands heretofore granted to the
Cherokee nation of Indians, and adjoining the boundary of the State
of Missouri; which tract shall extend fifteen miles from east to west,
and seven miles from north to south, containing about sixty-seven
thousand acres, be the same more or less; for which the President of
the United States shall cause letters patent to be issued, in due form
of law, agreeably to the Act of the last session of Congress.

Art. 3. The United States will defray the expenses of the removal
of the said Senecas, and will moreover supply them with a sufficiency
of wholesome provisions, to support them for one year, after their
arrival at their new residence.

Art. 4. Out of the first sales, to be made of the lands herein ceded
by the Senecas, the United States will cause a grist mill, a saw mill,
and a blacksmith shop to be erected on the lands herein granted to the
Senecas, with all necessary tools, to be supported and kept in operation,
at the expense of the United States, for the sole benefit of the said
Senecas; and for these purposes, the United States will employ a
miller and a blacksmith, for such term as the President of the United
States, in his discretion, may think proper.

Art. 5. As the Seneca Indians, on their removal, will stand in need
of funds to make farms and erect houses; it is agreed that the United
States will advance them six thousand dollars, in lieu of the improve¬
ments which they have made on the lands herein ceded to the United
States; which sum shall be reimbursed from the sales of the lands
ceded. An equitable distribution of this sum shall be made by the
Chiefs, with the consent of the tribe, in general council assembled, to
such individuals of the tribe, as, having left improvements, may be
properly entitled to receive the same.

Art. 6. The live stock, farming utensils, and other chattel property,
which the Senecas now own, and may not be able to take with them,
shall be sold by some agent, to be appointed by the President; and
the proceeds paid to the owners of such property, respectively.

Art. 7. The expenses of the Chiefs, in coming to and remaining at
Washington, and returning to Ohio, as well as the expenses and per
diem pay of the native Interpreter accompanying them, shall be paid
by the United States.

Art. 8. The United States will expose to public sale, to the highest
bidders, at such time and in such’ manner as the President may direct,
the tracts of land herein ceded by the Seneca Indians: And, after
deducting from the proceeds of such sale, the minimum price of the
public lands; the cost of building the saw and grist mills and black¬
smith shop for the Senecas; the cost of surveying the lands; and the

235

TREATY "WITH THE SENECAS, ETC., 1831.

sum of six thousand dollars, to be advanced in lieu of their present
improvements: it is agreed that any balance which may remain, of the Annuity, etc.
avails ot the lands after sale as aforesaid, shall constitute a fund for the
future exigencies of the tribe, on which the Government of the United
States consent and agree to pay to the Chiefs of the nation for the
use and general benefit of the nation, annually, five per cent on said
balance as an annuity: And if, at any time hereafter, the Seneca
Chiefs, by and with the advice and consent of their tribe in General
Council assembled, shall make known to the President, their desire
that the fund, thus to be created, should be dissolved and given to the
tribe; the President shall cause the same to be paid over to them in
such manner as he may direct; provided he shall become satisfied’ of
the propriety of so doing.

Art. 9. It is agreed that any annuity, accruing to the Senecas by t Annuities by former
former treaties, shall be paid to them at their intended residence, west
of the Mississippi, under the direction of the President.

Art. 10. The United States hereby agree to give to the Senecas, as presents-
presents, one hundred rifles, as soon as practicable, and four hundred
blankets, for the use of the tribe, to be delivered to them at such time
and place as may be directed by the Secretary of War. Also fifty
ploughs, fifty hoes and fifty axes, will be given to the tribe, as afore¬
said, to assist them in commencing farming.

Art. 11. The Chiefs of the Senecas, being impressed with gratitude Grant to H.c.Bnsii.
towards Henry C. Brish, their sub-agent, for his private advances of
money and provisions, and numerous other acts of kindness towards
them, as well as his extra services in coming with them to Washington;
and having expressed a wish that a quarter section of a hundred and
sixty acres of the lands ceded by them, should be granted to him in
consideration thereof: the same is hereby granted to him and his heirs
to be located under the direction of the President the United States.

Art. 12. The lands granted by this Agreement and Convention to Lands granted not
the Seneca tribe of Indians shall not be sold or ceded by them, except to eso •
to the United States.

Art. 13. It is communicated by the Chiefs here, that, in Council, Advances to chiefs,
before they left home, it was agreed by the tribe, that, for their serv¬
ices in coming to the City of Washington, each should receive one
hundred dollars, to be paid by said tribe: At the request of said Chiefs,
it is agreed that the United States will advance the amount, to wit:
five hundred dollars, to be hereafter reimbursed from the sale of their
lands in Ohio.

TREATY WITH THE SENECAS, ETC., 1831.

Articles of agreement and convention , made and concluded at Lewis- Jniy 20, i83i.

town , in the county of Logan , and State of Ohio , on the twentieth 7 stat., 351.
day of July, in the year of our Lord one thousand eight hundred md 6, lsxf amation’ Apr-
thirty -one, by and between James B. Gardiner, specially appointed
commissioner on the part of the United States, and John McElvain,

Lndian agent for the Wyandots , Senecas and Shawnees, on the one
part, and the undersigned principal chiefs and warriors of the mixed
band of Senecas and Shawnee Indians residing, a.t and around the
said Lewistown, of the other part : for the cession of the lands now
owned and occupied by said band, lying on the waters of. the Great
Miami river, and within the territorial limits of the organized county
of Log am, in said State of Ohio.

Whereas the President of the United States, under the authority of
the Act of Congress, approved May 28th, 1830, has appointed a special
commissioner to confer with the different Indian tribes residing within
the constitutional limits of the State of Ohio, and to offer for their
acceptance the provisions contained in the before recited act. And

236

Cession of lands to
United States.

Removal of Senecas
and Shawnees.

Giant of land.

One year’s support,
etc.

Sawmill and black¬
smith’s shop.

TREATY WITH THE SEHECAS, ETC., 1831.

whereas the mixed hand or tribes of Seneca and Shawnee Indians resid¬
ing at and around Lewistown in said State have expressed their per¬
fect assent to the conditions of said act, and their willingness and
anxiety to remove west of the Mississippi river, in order to obtain a
more permanent and advantageous home for themselves and their pos¬
terity: Therefore, in order to carry into effect the aforesaid objects,
the following articles have been agreed upon by the aforesaid contract¬
ing parties; which, when approved by the President and ratified by the
Senate of the United States, shall be mutually binding upon the United
States and the said Seneca and Shawnee Indians.

Article I. The Seneca and Shawnee Indians, residing at and around
Lewistown in the State of Ohio, in consideration of the stipulations
herein made on the part of the United States, do for ever cede, release
and quit claim to the United States, the lands granted to them by patent
in fee simple by the sixth article of the treaty made at the foot of the
rapids of the Miami river of Lake Erie, on the twenty-ninth day of
September, in the year 1817, containing forty-eight square miles, and
described in said treaty as follows: — “Beginning at the intersection of
the line run by Charles Roberts in the year one thousand eight hundred
and twelve, from the source of the Little Miami river, to the source of
the Scioto river, in pursuance of instructions from the commissioners
appointed on the part of the United States, to establish the western
boundary of the Virginia military reservation, with the Indian bound¬
ary line established by the treaty of Greenville in one thousand seven
hundred and ninety -five from the crossings above Fort Lawrence to
Loramie’s store, and to run from such intersection, northerly, with the
first mentioned line, so as to include the quantity as nearly in a square
form as practicable, after excluding the section of land granted to
Nancy Stewart.” And the said Senecas and Shawnees also cede to the
United States, in manner aforesaid, one other tract of land, reserved
for them by the second article of the treaty made at St. Mary’s, in
Ohio, on the seventeenth of September, in the year 1818, which tract
is described in said treaty as follows: — “ Eight thousand nine hundred
and sixty acres, to be laid off adjoining the west line of the reserve of
forty-eight square miles at Lewistown.”

Article II. In consideration of the cessions stipulated in the fore¬
going article, the United States agree to cause the said band of Senecas
and Shawnees, consisting of about three hundred souls, to be removed
in a convenient and suitable manner to the western side of the Missis¬
sippi river, and will grant by patent, in fee simple to them and their
heirs forever, as long as they shall exist as a nation and remain on the
same, a tract of land to contain sixty thousand acres, to be located
under the direction of the President of the United States, contiguous
to the lands granted to the Senecas of Sandusky by the treaty made
with them at the City of Washington, on the 28th of February 1831,
and the Cherokee settlements — the east line of said tract shall be within
two miles of the west line of the lands granted to the Senecas of San¬
dusky, and the south line shall be within two miles of the north line
of the lauds held by the Cherokees — and said two miles between the
aforesaid lines, shall serve as a common passway between the before
mentioned tribes to prevent them from intruding upon the lands of
each other.

Article III. The United States will defray the expense of the
removal of the said Senecas and Shawnees, and will moreover supply
them with a sufficiency of good and wholesome provisions to support
them for one year after their arrival at their new residence.

Article IV. Out of the first sales to be made of the lands herein
ceded by the said Senecas and Shawnees, the United States will cause
a saw-mill and a blacksmith shop to be erected on the lands granted to
the said Indians west of the Mississippi, with all necessary machinery
and tools, to be supported and kept in operation at the expense of the
United- States, for the mutual and sole benefit of the said Senecas and

237

TREATY WITH THE SENECAS, ETC., 1831.

Shawnees, and the United States will employ a blacksmith to execute
the necessary work for the said Indians for such time as the President
of the United States, in his discretion may think proper.

Article V . In lieu of the improvements which have been made on $6,000 advanced for
the lands herein ceded; it is agreed that the United States shall advance taProvemente-
to the said Senecas and Shawnees the sum of six thousand dollars, to
be reimbursed from the sales of the lands herein ceded by them to the
United States. A fair and equitable distribution of this sum shall be
made bv the Chiefs of the said Senecas and Shawnees, with the consent
of their tribes in general council assembled, to such individuals of the
tribes as, having left improvements, may be properly entitled to the
same.

Article VI. The live stock, farming utensils, and other chattel Live stock, etc.
proper!}7, which the said Senecas and Shawnees now own, and may
not be able, to carry with them, shall be sold under the superintendence
of some suitable person appointed by the Secretary of War, and the
proceeds paid over to owners of such property respectively.

Article VII. The said Senecas and Shawnees shall be removed to Agent to superin-
their new residence under the care and protection of some competent tend removal-
and proper person, friendly to them and acquainted with their habits,
manners and customs; and the chiefs of the said tribes shall have the
privilege of nominating such person to the President, who, if approved
of by him, shall have charge of their conveyance.

Article VIII. The United States will expose to public sale to the sale of lands,
highest bidders, in the manner of selling the public lands, the tracts of
land herein ceded by the Senecas and Shawnees; and after deducting
from the proceeds of such sale the sum of seventy cents per acre,
exclusive of the cost of surveying the lands, the cost of the saw mill
and blacksmith shop, and the sum of six thousand dollars to be advanced
in lieu of the improvements on the ceded lands; it is agreed that any
balance which may remain of the lands after sale as aforesaid, shall
constitute a fund for the future necessities of said tribes, on which the
Government of the United States agree and consent to pay to the chiefs
for the use and general benefit of the said tribes annually, five per cent,
on the amount of the said balance as an annuity. Said fund to be con- Annuity> etc-
tinued during the pleasure of Congress, unless the chiefs of the said
tribes, by and with the consent of the whole of their people in general
council assembled, should desire that the fund thus to be created,
should be dissolved and paid over to them, in which case the President
shall cause the same to be paid over, if in his discretion he shall think
the happiness and prosperity of said tribes would be promoted thereby.

Article IX. It is agreed that any annuities accruing to the said Annuities by former
Senecas and Shawnees by former treaties shall be paid to them at rea es'
their intended residence west of the Mississippi under the direction of
the President.

Article X. In consideration of the former good conduct and friendly Presents,
disposition of the aforesaid band of Senecas and Shawnees towards the
American Government, and as an earnest of the kind feelings, and good
wishes of their great father for the future welfare and happiness of
themselves and their posterity, it is agreed that the United States will
give them as presents, the following articles, to wit: one hundred
blankets, twenty ploughs, one hundred hoes, fifty axes, ten rifles,
twenty sets of horse gears, and Russia sheeting sufficient to make forty
tents; the whole to be delivered to them as soon as practicable after
their arrival at their new residence, except the blankets and the Russia
sheeting for the tents, which shall be given at the time of their setting
out on their journey; all of said articles to be distributed by the chiefs
according to the just claims and necessities of their people.

Article XL The lands granted by this agreement and convention ^Lands^granted, not
to the said band of Senecas and Shawnees, shall not be sold or ceded by t0 e so
them except to the United States. And the United States guarantee statesrantyl)y United
that said lands shall never be within the bounds of any State or Terri-

238

TREATY WITH THE SHAWNEE, 1831.

Grant to Jas. Mc¬
Pherson.

Grant to H. H. Mc¬
Pherson.

Grant to interpreter.

Explanatory.

Aug. 8, 1831.

7 Stat., 355.
Proclamation, Apr.
6, 1832.

1830, ch. 148.

tory, nor subject to the laws thereof; and further that the President
of the United States will cause said tribe to be protected at their new
residence against all interruption or disturbance from any other tribe
or nation of Indians, or from any other person or persons whatever;
and he shall have the same care and superintendence over them in the
country to which they design to remove, that he has heretofore had
over them at their present place of residence. .

Article XII. At the request of the chiefs of the Senecas and Shaw-
nees, there is granted to James McPherson, one half section of land to
contain three hundred and twenty acres, to be laid off in such part of
the lands here ceded as he may select, so that the said half section shall
adjoin the land heretofore donated to him near the southeast corner of
that part of the lands herein ceded which was assigned to the Shawnees
by the second article of the treaty made at St. Mary’s, on the llth of
September, 1818. And this grant is made in consideration of the sin¬
cere attachment of the said chiefs and their people for the said James
McPherson, who has lived among them and near them for forty years,
and from whom they have received numerous and valuable services and
benefits; and also in consideration of the able and candid manner in
which he has explained to the Indians the policy of the United States
in regard to the future welfare and permanent settlement of the Indian
tribes.

Article XIII. At the request of the aforesaid chiefs, there is
hereby granted to Henry H. McPherson, an adopted son of their
nation, a half section of land, to contain three hundred and twenty
acres, to be added to a half section of land granted to him by the said
chiefs on the 20th day of March 1821, and approved by the President
of the United States, which is to be so laid off as to enlarge the last
mentioned grant to a square section.

Article XIV. At the special request of the aforesaid chiefs, one
quarter section of land, to contain one hundred and sixty acres, is
hereby granted to Martin Lane their interpreter, who married a quar¬
ter blood Indian woman, and has lived a long time among the Senecas.
The said quarter section is to be located under the direction of the
President of the U nited States.

Article XV. It is understood and agreed by the present contract¬
ing parties that the words, “ the lands heretofore donated to him” in
the twelfth article of this treaty, have direct and sole reference to a
verbal donation heretofore made by the said Senecas and Shawnees to
the said McPherson, and that the intention is that this treaty should
confirm the former as well as the latter grant, so that the said McPher¬
son is entitled to one whole section to be located in the southeast cor¬
ner of the Shawnee part of the lands herein ceded’ as aforesaid.

TREATY WITH THE SHAWNEE, 1831.

Articles of agreement and convention , made and concluded at Wapagh-
konnetta , in the county of Allen and State of Ohio on the 8th day of
August in the year of our Lord one thousand eight hundred and
thirty -one, by and between James B. Gardiner specially appointed
commissioner on the part of the United States and John ALcElyain ,
Indian Agent for the Wyandots , Senecas and Shawnees residing, in
the State of Ohio , on the o'ne part , and the undersigned , principal
Chiefs , Headmen and Warriors of the tribe of Shawnee Indians
residing at Wapaghkonnetta and Hog Creek , within the territorial
limits of the organized county of Allen, in the State of Ohio.

Whereas the President of the United States under the authority of
the Act of Congress, approved May 28, 1830, has appointed a special
commissioner to confer with the different Indian tribes residing within

TREATY WITH THE SHAWNEE, 1831.

239

the constitutional limits of the State of Ohio, and to offer for their
acceptance the provisions of the before recited act: — And whereas the
tribe or band of Shawnee Indians residing at Wapaghkonnetta and on
Hog Creek in the said State, have expressed their perfect assent to the
conditions of the said act, and their willingness and anxiety to remove
west of the Mississippi river, in order to obtain a more permanent and
advantageous home for themselves and their posterity. Therefore, in
order to carry into effect the aforesaid objects, the following articles
of Convention have been agreed upon by the aforesaid contracting
parties, which, when ratified by the President of the United States, by
and with the advice and consent of the Senate thereof, shall be mutu¬
ally binding upon the United States and the said Shawnee Indians.

Article I. The tribe or band of Shawnee Indians residing at TTc.f^°“ f lands to
Wapaghkonnetta and on Hog Creek in. the State of Ohio, in consider¬
ation of the stipulations herein made, on the part of the United States,
do for ever cede, release and quit claim to the United States the lands
granted to them by patent in fee simple by the sixth section of the
treaty made at the foot of the Rapids of the Miami river of Lake
Erie on the 29th day of September in the year of our Lord 1817, con¬
taining one hundred and twenty-five sections or square miles, and
granted in two reservations and described in the said sixth section of
the aforesaid treaty as follows: — “A tract of land ten miles square,
the centre of which shall be the council house at Wahpaghkonnetta;”
and “a tract of land containing twenty-five square miles, which is to
join the tract granted at Wapaghkonnetta, and to include the Shawnee
settlement on Hog creek, and to be laid off as nearly as possible in a
square form,” which said two tracts or reservations of land were
granted as aforesaid to the said Shawnee Indians by the patents signed
by the Commissioner of the General Land Office and certified by the
Secretary of W"ar dated the 20th day of April 1821. Also, one other
tract of land, granted to the said Shawnees by the second article of
the treaty made at St. Mary’s in the state of Ohio, on the 17th day of
September in the year 1818, and described therein as follows: “Twelve
thousand eight hundred acres of land to be laid off adjoining the east
line of their reserve of ten miles square at Wapaghkonnetta,” making
in the whole of the aforesaid cessions to the United States by the afore¬
said Shawnees, one hundred and forty-five sections or square miles,
which includes all the land now owned or claimed by the said band or
tribe of Shawnees in the State of Ohio.

Article II. In consideration of the cessions stipulated in the fore- Removal of shaw-

§oing article, the United States agree to cause the said tribe or band of nee'
hawnees, consisting of about four hundred souls, to be removed in a
corivenient and suitable manner to the Western side of the Mississippi nf^an^r?bglainaiwe6t
• river, and will grant by patent in fee simple to them and their heirs for 0 e 1 lsslssippi-
ever, as long as they shall exist as a nation and remain upon the same,
a tract of land to contain one hundred thousand acres, to be located
under the direction of the President of the United States, within the
tract of land equal to fifty miles square, which was granted to the Shaw¬
nee Indians of the State of Missouri by the second article of a treaty
made at the city of Saint Louis in said State, with the said Shawnees
of Missouri by William Clark, Superintendent of Indian Affairs, on the
7th day of November in the year 1825; and in which it is. provided that
the grant aforesaid shall be for the Shawnee tribe of Indians within the
State of Missouri, “and for those of the same nation now residing in
Ohio, who may hereafter emigrate to the west of the Mississippi;” but
if there should not be a sufficiency of good land unoccupied by the
Shawnee Indians who have already settled on the tract granted as afore¬
said by the said treaty of Saint Louis; then the tract of one hundred
thousand acres, hereby granted to the said Shawnees of Ohio, parties to
this compact, shall be located under the direction of the President of the
United States on lands contiguous to the said Shawnees of Missouri,

240

TREATY WITH THE SHAWHEE, 1831.

One years’ support,
etc.

Sawmill, gristmill,
etc.

$13,000 advanced for
improvements.

Farming utensils,
etc.

Sale of lands ceded
by Shawnee.

Annuity, etc.

Annuities by former
treaties.

Presents.

or on any other unappropriated lands within the district of country
designed for the emigrating Indians of the United States.

Article III. The United States will defray the expenses of the
removal of the said band or tribe of Shawnees, and will moreover sup¬
ply them with a sufficiency of good and wholesome provisions, to
support them for one year after their arrival at their new residence.

Article IY. Out of the first sales to be made of the lands herein
ceded by the said Shawnees, the United States will cause a good and
substantial saw mill, and a grist mill, built in the best manner, and to
contain two pair of stones and a good bolting cloth, to be erected on
the lands granted to the said Shawnees, west of the Mississippi; and
said mills shall be solely for their use and benefit. The U nited States
will, out of the sales of the ceded lands, as aforesaid, cause a black¬
smith shop, (to contain all the necessary tools,) to be built for the said
Shawnees, at their intended residence, and a blacksmith shall be
employed by the United States, as long as the President thereof may
deem proper, to execute all necessary and useful work for said Indians.

Article Y. In lieu of the improvements which have been made on
the lands herein ceded, it is agreed that the United States shall advance
to the said Shawnees (for the purpose of enabling them to erect houses
and open farms at their intended residence) the sum of thirteen thou¬
sand dollars, to be reimbursed from the sales of the lands herein ceded
by them to the United States. A fair and equitable distribution of
this sum shall be made by the chiefs of the said Shawnees; with the
consent of the people, in general council assembled, to such individuals
of their tribe who have made improvements on the lands herein ceded,
and may be properly entitled to the same.

Article VI. The farming utensils, live stock and other chattel prop¬
erty, which the said Shawnees now own, and may not be able to carry
with them, shall be sold, under the super inten dance of some suitable
person, appointed by the Secretary of War for that purpose, and the
proceeds paid over to the owners of such property respectively.

Article VII. The United States will expose to public sale to the
highest bidder, in the manner of selling the public lanes, the tracts of
land herein ceded by the said Shawnees. And after deducting from
the proceeds of such sales the sum of seventy cents per acre, exclusive
of the cost of surveying, the cost of the grist mill, saw mill and black¬
smith shop and the aforesaid sum of thirteen thousand dollars, to be
advanced in lieu of improvements; it is agreed that any balance, which
may remain of the avails of the lands, after sale as aforesaid, shall
constitute a fund for the future necessities of said tribe, parties to
this compact, on which the United States agree to pay to the chiefs,
for the use and general benefit of their people, annually, five per
centum on the amount of said balance, as an annuity. Said "fund to be
continued during the pleasure of Congress, unless the chiefs of the
said tribe, or band, by and with the consent of their people, in general
council assembled, should desire that the fund thus to be created,
should be dissolved and paid over to them; in which case the Presi¬
dent shall cause the same to be so paid, if in his discretion, he shall
believe the happiness and prosperity of said tribe would be promoted
thereby.

Article VIII. It is agreed that any annuities, accruing to the said
band or tribe of Shawnees, by former treaties, shall be paid to them
at their intended residence west of the Mississippi, under the direction
of the President.

Article IX. In consideration of the good conduct and friendly
dispositions of the said band of Shawnees towards the American
Government, and as an earnest of the kind feelings and good wishes
of the people of the United States, for the future welfare and happi¬
ness of the said Shawnees, it is agreed that the United States, will
give them, as presents, the following articles, to be fairly divided by

241

TREATY WITH THE SHAWNEE, 1831.

the chiefs, among their people, according to,their several necessities,
to wit: two hundred blankets, forty ploughs, forty sets of horse gears,
one hundred and fifty hoes, fifty axes, and Russia sheeting sufficient
for fifty tents:— the whole to be delivered to them, as soon as practi¬
cable, after their arrival at their new residence, except the blankets
and Russia ffieeting, which shall be given previously to their removal.

Article X. The lands granted by this agreement and convention
to the said band or tribe of Shawnees, shall not be sold nor ceded by
them, except to the United States. And the United States guarantee
that said lands shall never be within the bounds of any State or terri¬
tory, nor subject to the laws thereof; and further, that the President
of the United States will cause said tribe to be protected at their
intended residence, against all interruption or disturbance from any
other tribe or nation of Indians, or from any other person or persons
whatever, and he shall have the same care and superintendence over
them, in the country to which they are to remove, that he has hereto¬
fore had over them at their present place of residence.

Article XI. It is understood by the present contracting parties,
that any claims which Francis Duchouquet may have, under former
treaties, to a section or any quantity of the lands herein ceded to the
United States, are not to be prejudiced by the present compact; but
to remain as valid as before.

Article XII. In addition to the presents given in the ninth article
of this convention, it is agreed that there shall also be given to the
said Shawnees, twenty -five rifle guns, to be distributed in the manner
provided in said ninth article.

Article XIII. At the request of the chiefs, there is granted to
Joseph Parks, a quarter blooded Shawnee, one section of land to con¬
tain six hundred and forty acres, and to include his present improve¬
ments at the old town near W apaghkonnetta, in consideration of his
constant friendship and many charitable and valuable services towards
the said Shawnees: — and at the request of the chiefs, it is also stipu¬
lated that the price of an average section of the lands herein ceded,
shall be reserved in the hands of the Government, to be paid to their
friends, the Shawnees who now reside on the river Huron in the Ter¬
ritory of Michigan, for the purpose of bearing their expenses, should
they ever wish to follow the Shawnees of Wapaghkonnetta and Hog
creek to their new residence west of the Mississippi.

Article XIV. At the request of the chiefs it is agreed that they
shall be furnished with two cross-cut saws for the use of their tribe;
and also that they shall receive four grindstones annually, for the use
of their people, to be charged upon the surplus fund, and they shall
further receive, as presents, ten hand saws, ten drawing knives, twenty
files, fifty gimblets, twenty augurs of different sizes, ten planes of dif¬
ferent sizes, two braces and bits, four hewing axes, two dozen scythes,
five frows and five grubbing hoes.

Lands granted, not
to be sold.

Guarantee.

Claims of F. Duchou¬
quet.

Additional presents.

Grant to Jos. Parks,
etc.

Further presents.

S. Doc. 45^

-16

242

TREATY WITH THE OTTAWA, 1831.

Aug, so, mi. Articles of agreement and convention made and concluded this thirtieth

Proclamation i rii °f. -August, in the year of our Lord one thousand eight hundred

6, 1832. ama lon’ pri and thirty-one , by and between James B. Gardiner , specially appointed
commissioner on the part of the United States , on the one part , and
the chiefs , head men and warriors of the band of Ottoway Indians
residing within the State of Ohio on the other part , for a cession of
the several tracts of land now held and occupied by said Indians
within said State , by reservations made under the treaty concluded at
Detroit on the 17th day of November, 1807, and the treaty made at
the foot of the rapids of the Miami river of Lake Erie , on the %9th
of September, 1817.

Whereas the President of the United States, under the authority of
1830, ch. i48. the act Congress, approved May 28, 1830, has appointed a special
commissioner to confer with the different Indian tribes residing- within
the constitutional limits of the State of Ohio, and to offer for their
acceptance the provisions of the before mentioned act: And whereas
the band of Ottoways residing on Blanchard’s fork of the Great Auglaize
river, and on the Little Auglaize river at Oquanoxie’s village, have
expressed their consent to the conditions of said act, and their willing¬
ness to remove west of the Mississippi, in order to obtain a more per¬
manent and advantageous home for themselves and their posterity :

Therefore, in order to carry into effect the aforesaid objects, the fol¬
lowing articles of convention have been agreed upon, by the aforesaid
contracting parties, which, when ratified by the President of the United
States, by and with the consent of the Senate thereof, shall be mutually
binding upon the United States and the aforesaid band of Ottoway
Indians.

Understates byotta° Article I. The band of Ottoway Indians, residing on Blanchard’s
wa Indians. ' fork of the great Auglaize river, and at Oquanoxa’s village on the Little
Auglaize river, in consideration of the stipulations herein made on the
part of the United States, do forever cede, release and quit claim to the
United States, the lands reserved to them by the last clause of the sixth
article of the treaty made at the foot of the Rapids of the Miami of the
Lake on the 29th of September, 1817 ; which clause is in the following
words: u There shall be reserved for the use of the Ottoway Indians,
but not granted to them, a tract of land on Blanchard’s fork of the
Great Auglaize river, to contain five miles square, the centre of which
tract is to be where the old trace crosses the said fork; and one other
tract, to contain three miles square on the Little Auglaize river, to
include Oquanoxa’s village,” making in said cession twenty-one thou¬
sand seven hundred and sixty acres.

Cession by a certain Article II. The chiefs, head men and warriors of the band of Otto-
O er an 0 awa. way. jn(tians? residing at and near the places called Roche de Boeuf and
Wolf rapids, on the Miami river of Lake Erie, and within the State of
Ohio, wishing to become parties to this convention, and not being will¬
ing, at this time, to stipulate for their removal west of the Mississippi;
do hereby agree, in consideration of the stipulations herein made for
them on the part of the United States, to cede, release and forever quit
claim to the United States the following tracts of land, reserved to them
by the treaty made at Detroit on the 17th day of November, 1807, to
wit, the tract of six miles square above Roche de Boeuf, to include the
village where Tondagonie (or Dog) formerly lived; and also three miles
square at the W olf rapids aforesaid, which was substituted for the three
miles square granted by the said treaty of Detroit to the said Ottoways
“to include Presque Isle,” but which could not be granted as stipulated
in said treaty of Detroit, in consequence of its collision with the grant
of twelve miles square to the United States by the treaty of Greenvillle;

243

TREATY WITH THE OTTAWA, 1831.

making in the whole cession made lathis article twenty-eight thousand
one hundred and fifty-seven acres, which is exclusive of a grant made
to 1 ellow Hair (or Peter Minor) by the 8th article of the treaty at the
toot oi the Rapids of Miami, on the 29th of September, 1817, and for
which said Minor holds a patent from the General Land Office for 643
acres.

Article IH. In consideration of the cessions made in the first article
ot this convention, the United States agree to cause the band of Otto-
wavs residing on Blanchard’s fork, and at Oquanoxa’s village, as afore¬
said, consisting of about two hundred souls, to be removed, in a
convenient and suitable manner, to the western side of the Mississippi
river; and will grant, by patent in fee simple, to them and their heirs
for ever, as long as they shall exist as a nation, and remain upon the
same, a tract of land to contain thirty-four thousand acres, to be
located adjoining the south or west line of the reservation equal to
fifty miles square, granted to the Shawnees of Missouri and Ohio on
the Kanzas river and its branches, by the treaty made at St. Louis,
November 7th, 1825.

Article IV. The United States will defray the expense of the
removal of the said band of Ottoways, and will moreover supply them
with a sufficiency of good and wholesome provisions to support them
for one year after their arrival at their new residence.

Article V. In lieu of the improvements which have been made on
the lands ceded by the first article of this convention, it is agreed that
the United States shall advance to the Ottoways of Blanchard’s fork
and Oquanoxa’s village, the sum of two thousand dollars, to be reim¬
bursed from the sales of the lands ceded by the said first article. And
it is expressly understood that this sum is not to be paid until the said
Ottoways arrive at their new residence, and that it is for the purpose
of enabling them to erect houses and open farms for their accommo¬
dation and subsistence in their new country. A fair and equitable
distribution of this sum shall be made by the chiefs of the said Otto¬
ways, with the consent of their people, in general council assembled,
to such individuals of their band as may have made improvements on
the lands ceded by the first article of this convention, and may be
properly entitled to the same.

Article VI. The farming utensils, live stock and other chattel prop¬
erty, which the said Ottoways of Blanchard’s fork and Oquanoxa’s
village now own, shall be sold, under the superintendence of some suit¬
able person appointed by the Secretary of War; and the proceeds paid
to the owners of such property respectively.

Article VII. The United States will expose to sale to the highest
bidder, in the manner of selling the public lands, the tracts ceded by
the first article of this convention, and after deducting from the pro¬
ceeds of such sales the sum of seventy cents per acre, exclusive of the
cost of surveying, and the sum of two thousand dollars advanced in
lieu of improvements; it is agreed that the balance, or so much thereof
as may be necessary, shall be hereby guaranteed for the payment of
the debts, which the said Ottoways of Blanchard’s fork, and Oqua¬
noxa’s village may owe in the State of Ohio and the Territory of Michi¬
gan, and agree to be due by them, as provided in the sixteenth article
of this convention; and any surplus of the proceeds of said lands, which
may still remain, shall be vested by the President in Government
stock, and five per cent, thereon shall be paid to the said Ottoways of
Blanchard’s fork and Oquanoxa’s village, as an annuity during the
pleasure of Congress.

Article VIIT. It is agreed that the said band of Ottoways of Blan¬
chard’s fork and Oquanoxa’s village, shall receive, at their new resi¬
dence, a fair proportion of the annuities due to their nation by former
treaties, which shall be apportioned under the direction of the Secre¬
tary of War, according to their actual numbers.

Removal of Ottawas
residing at Blanch¬
ards Fork, etc.

Grant of land to said
hand.

One year’s support,
etc.

$2,000 to be ad¬
vanced for improve¬
ments.

Farming utensils,
live stock, etc.

Sale of lands ceded
by said band.

Annuities by for¬
mer treaties.

244

TREATY WITH THE OTTAWA, 1831.

to'beISdgranted not Article IX. The lands granted by this agreement and convention
to the said band of Ottoways residing at Blanchard’s fork and Oqua-
noxa’s village shall not be sold nor ceded by them, except to the United
Guarantee. States. And the United States guarantee that said lands shall never

be within the bounds of any State or territory, nor subject to the laws
thereof, and further, that the President of the United States will cause
said band to be protected at their new residence, against all interrup¬
tion or disturbance from any other tribe or nation of Indians and from
any other person or persons whatever: and he shall have the same care
and superintendence over them in the country to which they design to
remove, that he now has at their present residence.

Presents Article X. As an evidence of the good will and kind feeling of the

people of the United States towards the said band of Ottoways of
Blanchard’s fork and Oquanoxa’s village; it is agreed that the following
articles shall be given them, as presents, to wit: eighty blankets, twenty-
live rifle guns, thirty-five axes, twelve ploughs, twenty sets of horse
gears, ana Russian sheeting sufficient for tents for their whole band;
the whole to be delivered according to the discretion of the Secretary
of War.

tawas11* resign to Tt Article XI. In consideration of the cessions made in the second

Roche deeBceuf, etc. article of this convention by the chiefs, head men and warriors of the
band of Ottoways residing at Roche de Boeuf and Wolf rapids, it is
agreed that the United States will grant to said band by patent in fee
simple, forty thousand acres of land, west of the Mississippi, adjoining
the lands assigned to the Ottoways of Blanchard’s fork and Oquanoxa’s
village, or in such other situation as -the}7 may select, on the unappro¬
priated lands in the district of country designed for the emigrating
Indians of the United States. And whenever the said band may think
proper to accept of the above grant, and remove west of the Mississippi,
the United States agree that they shall be removed and subsisted by
the Government in the same manner as is provided in this convention
for their brethren of Blanchard’s fork and Oquanoxa’s village, and
they shall receive like presents, in proportion to their actual numbers,
under the direction of the Secretary of War. It is also understood
and agreed that the said band, when they shall agree to remove west
of the Mississippi, shall receive their proportion of the annuities due
their nation by former treaties, and be entitled in every respect to the
same privileges, advantages and protection, which are herein extended
to their brethren and the other emigrating Indians of the State of Ohio,
sale of lands ceded Article XII. The lands ceded by the second article of this conven¬
tion shall be sold by the United States to the highest bidder, in the
manner of selling the public lands, and after deducting from the avails
thereof seventy cents per acre, exclusive of the cost of surveying, the .
balance is hereby guaranteed to discharge such debts of the Ottoways
residing on the river and bay of the Miami of Lake Erie, as they may
proceeds of sales, herein acknowledge to be due, and wish to be paid. And whatever
overplus may remain of the avails of said lands, after discharging their
debts as aforesaid, shall be paid to them in money, provided they shall
refuse to remove west of the Mississippi, and wish to seek some other
home among their brethren in the Territory of Michigan. But should
the said band agree to remove west of the Mississippi, then any over¬
plus which may remain to them, after paying their debts, shall be
invested by the President, and five per centum paid to them as an
annuitv, as is provided for their brethren bv this convention.

ioTnTporary reserva* Article XIII. At the request of the chiefs residing at Roche de
Boeuf and Wolf rapids, it is agreed that there shall be reserved for the
use of Wau be ga kake (one of the chiefs) for three years only, from
the signing of this convention, a section of land below and adjoining
the section granted to and occupied by Yellow Hair or Peter Minor;
and also there is reserved in like manner and for the term of three

TREATY WITH THE OTTAWA, 1831.

245

years, and no longer, for the use of Muck-qui-on-a, or Bearskin, one
section and a half, below W olf rapids, and to include his present resi¬
dence and improvements. And it is also agreed that the said Bearskin
shall have the occupancy of a certain small island in the Maumee river,
opposite his residence, where he now raises corn, which island belongs
to the United States, and is now unsold; but the term of this occu¬
pancy is not guaranteed for three years; but only so long as the Pres¬
ident shall think proper to reserve the same from sale. And it is
further understood, that any of the temporary reservations made by
this article, may be surveyed and sold by the United States, subject
to the occupancy of three years, hereby granted to the aforesaid
Indians.

Article XIV. At the request of the chiefs of Roche de Roeuf and
Wolf rapids, there is hereby granted to Hiram Thebeault (a half
blooded Ottoway,) a quarter section of land, to contain one hundred
and sixty acres and to include his present improvements at the Bear
rapids of the Miami of the Lake. Also, one quarter section of land,
to contain like quantity, to William McNabb, (a half blooded Ottoway,)
to adjoin the quarter section granted to Hiram Thebeault. In survey¬
ing the above reservations, no greater front is to be given on the river,
than would properly belong to said quarter sections, in the common
manner of surveying the public lands.

Article XV. At the request of the chiefs of Roche de Boeuf and
Wolf rapids, there is granted to the children of Yellow Hair, (or Peter
Minor,) one half section of land, to contain three hundred and twenty
acres, to adjoin the north line of the section of land now held by said
Peter Minor, under patent from the President of the United States,
bearing date the 24th of November, 1827, and the lines are not to
approach nearer than one mile to the Miami river of the Lake.

Grants to H. The-
baultandW. McNabb.

Grant to children of
Peter Minor.

Article XVI. It is agreed by the chiefs of Blanchard’s fork and claims against ot-
Oquanoxa’s village, and the chiefs of Roche de Boeuf and Wolf rapids, tawas recogmzed-
jointly, that they are to pa v out of the surplus proceeds of the several
tracts herein ceded by them, equal proportions of the claims against
them by John E. Hunt, John Hollister, Robert A. Forsythe, Payne
C. Parker, Peter Minor, Theodore E. Phelps, Collister Haskins and
S. and P. Carlan. The chiefs aforesaid acknowledge the claim of John
E. Hunt to the amount of five thousand six hundred dollars; the claim
of John Hollister to the amount of five thousand six hundred dollars;
the claim of Robert A. Forsythe to the amount of seven thousand five
hundred and twenty-four dollars, in which is included the claims
assigned to said Forsythe b}^ Isaac Hull, Samuel Vance, A. Peltier,

Oscar White and Antoine Lepoint. They also allow the claim of Payne
C. Parker to the amount of five hundred dollars; the claim of Peter
Minor to the amount of one thousand dollars; the claim of Theodore
E. Phelps to the amount of three hundred dollars; the claim of Collis¬
ter Haskins to the amount of fifty dollars, but the said Haskins claims
fifty dollars more as his proper demand: and the claim of S. and P.

Carlan to the amount of three hundred and ninety-eight dollars and
twenty-five cents. The aforesaid chiefs also allow the claim of Joseph
Laronger to the amount of two hundred dollars, and the claim of
Daniel Lakin to the amount of seventy dollars. Notwithstanding the
above acknowledgments and allowances, it is expressly understood and
agreed by the respective parties to this compact, that the several claims
in this article, and the items which compose the same, shall be sub¬
mitted to the strictest scrutiny and examination of the Secretary of
War, and the accounting officers of the Treasury Department, and
such amount only shall be allowed as may be found just and true.

Article XVll. On the ratification of this convention, the privileges to'cJse.

of every description, granted to the Ottoway nation within the State
of Ohio, by the treaties under which they hold the reservations of land
herein ceded, shall forever cease and determine.

246

TREATY WITH THE WYANDOT, 1832.

m annui" Article XY III. W henever the deficiency of five hundred and eighty

dollars, which accrued in the annuities of the Ottoways for 1830, shall
be paid, the parties to this convention, residing on Blanchard’s fork
and Oquanoxa’s village, shall receive their fair and equitable portion of
the same, either at their present or intended residence.

Additional claims. Article XIX. The chiefs signing this convention, also agree, in
addition to the claims allowed in the sixteenth article thereof, that they
owe John Anderson two hundred dollars; and Francis Lavoy two hun¬
dred dollars.

ivquai^ue-zhici-^'1’ Article XX. It is agreed that there shall be allowed to Nau-on-
quai-que-zhick, one hundred dollars, out of the surplus fund accruing
from the sales of the lands herein ceded, in consequence of his not owing
any debts, and having his land sold, to pay the debts of his brethren.

TREATY WITH THE WYANDOT, 1832.

Jan. 19,1832.

7 Stat., 364.
Proclamation, Apr.
6,1832.

Articles of agreement and convention made and concluded at Ale Cutch-
eonsville , Urawford county , Ohio, on the nineteenth day of January,
1832 , by and between. James JB. Gardiner , specially appointed commis¬
sioner on the part of the United States , and the chiefs , Headmen and
Warriors of the band of Wyandots , residing at the Big Spring , in said
county of Crawford , and owning a reservation of 16,000 acres at that
place .

Whereas the said band of Wyandots have become fully convinced
that, whilst they remain in their present situation in the State of Ohio,
in the vicinity of a white population, which is continually increasing
and crowding around them, they cannot prosper and be happy, and the
morals of many of their people will be daily becoming more and more
vitiated — And understanding that the Government of the U nited States
is willing to purchase the reservation of land on which they reside, and
for that purpose have deputed the said James B. Gardiner as special
commissioner to treat for a cession of the same: — Therefore, to effect
the aforesaid objects, the said Chiefs, Headmen and Warriors, and the
said J ames B. Gardiner, have this day entered into and agreed upon
the following articles of convention.

•S°sta?L3aild t0 Article I. The band of Wyandots residing at the Big Spring in the
county of Crawford, and State of Ohio, do hereby forever cede and
relinquish to the United States the reservation of sixteen thousand
acres of land, granted to them by the second article of the treaty made
at St. Mary’s, on the seventeenth day of September, eighteen hundred
and eighteen, which grant is in the following words, to wit: “There
shall be reserved for the use of the Wyandots residing at Solomon’s
town and on Blanchard’s fork sixteen thousand acres of land, to be laid
off in a square form, on the head of Blanchard’s fork, the centre of
which shall be at the Big spring, on the road leading from Upper San¬
dusky to Fort Findlay.”

Article II. The United States stipulate with the said band of Wy¬
andots that, as soon as practicable after the ratification of this treaty,
the aforesaid tract of sixteen thousand acres shall be surveyed into sec¬
tions and put into market and sold in the ordinary manner of selling
the public lands of the United States; and when the same shall be
sold, or as soon as any part thereof shall be disposed of, (be the price
received therefore more or less) there shall be paid to the chiefs, head¬
men and warriors, signing this treaty, for the benefit of all the said
band of Wyandots, the sum of one dollar and twenty-five cents per
acre for each and every acre so sold or for sale. The said price shall
be paid in silver, and in the current coin of the United States.

TREATY WITH THE CREEKS, 1832.

Article III. For the improvements now made upon said reservation
the u nited btates agree to pay a fair valuation in money, according to
the appraisement of Joseph McCutcheon, Esq. (or such person as the
Secretary of TV ar may depute for that purpose) and an appraiser to be
chosen by the said band of W yandots. And in case the said appraisers
shall not be able to agree upon any of their valuations, they shall call
to their assistance some competent citizen of the county of Crawford.

Article IV. There shall [be] reserved for Roe-nu-nas, one of the
oldest chiefs of said band, one half section, to contain three hundred
and twenty acres, and to include the improvements where he now lives.

Article V. It is expressly understood between the present contract-
ing parties, that the said band of W^yandots may, as thev think proper,
remove to Canada, or to the river Huron in Michigan, where they own
a reservation of land, or to any place they may obtain a right or privi¬
lege from others Indians to go.

Article VI. [Rejected.]

Article VII. Inasmuch as the band of Wyandots, herein treating,
have separated themselves from the Wyandots at Upper Sandusky and
on the Sandusky plains, they ask of the General Government that there
may be a special sub-agent and protector appointed for them whilst
they remain in the State of Ohio, and they respectfully recommend
Joseph McCutcheon, Esq. of the county of Crawford, as a fit and
proper person to act in such capacity; and that he may have the
power to employ such interpreter as he ma}^ think proper in his inter¬
course with said band.

The aforesaid articles of agreement shall be mutually binding upon
the present contracting parties, when ratified by the President of the
United States, by and with the consent of the Senate thereof.

EXPLANATION.

In the first draft of this treaty, provision was made for the removal of the band
west of the Mississippi, but they refused to accept of a grant of land, or to remove
there, and the articles having relation thereto were accordingly omitted. It was
therefore necessary to omit the 6th article; and circumstances did not admit of time
to remodel and copy the whole treaty.

J. B. GARDINER,

Special Commissioner , &c.

TREATY WITH THE CREEKS, 1832.

Articles of a treaty made at the City of Washington between Lewis
Cass , thereto specially authorized by the President of the United
States , and the Creek tribe of Indians.

Article I. The Creek tribe of Indians cede to the United States all
their land, East of the Mississippi river.

Article II. The United States engage to survey the said land as
soon as the same can be conveniently done, after the ratification of this
treaty, and when the same is surveyed to allow ninety principal Chiefs
of the Creek tribe to select one section each, and every other head of a
Creek family to select one half section each, which tracts shall be
reserved from sale for their use for the term of five years, unless sooner
disposed of by them. A census of these persons shall be taken under
the direction of the President and the selections shall be made so as to
include the improvements of each person within his selection, if the
same can be so made, and if not, then all the persons belonging to the
same town, entitled to selections, and who cannot make the same, so as
to include their improvements, shall take them in one body in a proper
form. And twenty sections shall be selected, under the direction of the
President for the orphan children of the Creeks, and divided and

*247

United States agree
to pay for improve¬
ments.

Reservation for Roe-
nu-nas.

Removal.

Special subagent.

Treaty binding
when ratified.

Mar. 24,1832.

7 Stat.,366.

. Proclamation, Apr.
4, 1832.

Cession of land by
the Indians.

Land to be sur¬
veyed, etc.

248

TREATY WITH THE CREEKS, 1832.

Conveyances.

Lana patents.

Intruders.

Additional loca¬
tions.

Locations, how to be
made.

Additional annuity
to Greets.

Consideration for
improvements.

Expenses of delega¬
tion.

United States to pay
certain claims.

retained or sold for their benefit as the President may direct. Pro¬
vided however that no selections or locations under this treaty shall be
so made as to include the agency reserve.

Article III. These tracts may be conveyed by the persons selecting
the same, to any other persons for a fair consideration, in such manner
as the President may direct. The contract shall be certified by some
person appointed for that purpose by the President, but shall not be
valid ’till the President approves the same. A title shall be given by
the United States on the completion of the payment.

Article IV. At the end of five years, all the Creeks entitled to these
selections, and desirous of remaining, shall receive patents therefor in
fee simple, from the United States.

Article Y. All intruders upon the country hereby ceded shall be
removed therefrom in the same manner as intruders may be removed by
law from other public land until the country is surveyed, and the selec¬
tions made; excepting however from this provision those white persons
who have made their own improvements, and not expelled the Creeks
from theirs. Such persons may remain ’till their crops are gathered.
After the country is surveyed and the selections made, this article shall
not operate upon that part of it not included in such selections. But
intruders shall, in the manner before described, be removed from these
selections for the term of five years from the ratification of this treaty,
or until the same are conveyed to white persons.

Article YI. Twenty-nine sections in addition to the foregoing may
be located, and patents for the same shall then issue to those persons,
being Creeks, to whom the same may be assigned by the Creek tribe.
But whenever the grantees of these tracts possess improvements, such
tracts shall be so located as to include the improvements, and as near
as may be in the centre. And there shall also be granted by patent to
Benjamin Marshall, one section of land, to include his improvements on
the Chatahoochee river, to be bounded for one mile in a direct line
along the said river, and to run back for quantity. There shall also be
granted to Joseph Bruner a colored man, one half section of land, for
his services as an interpreter.

Article YII. All the locations authorized by this treaty, with the
exception of that of Benjamin Marshall shall be made in conformity
with the lines of the surveys; and the Creeks relinquish all claim for
improvements.

Article YI1I. An additional annuity of twelve thousand dollars
shall be paid to the. Creeks for the term of five years, and thereafter
the said annuity shall be reduced to ten thousand'dollars, and shall be
paid for the term of fifteen years. All the annuities due to the Creeks
shall be paid in such manner as the tribe may direct.

Article IX. For the purpose of paying certain debts due by the
Creeks, and to relieve them in their present distressed condition, the
sum of one hundred thousand dollars, shall be paid to the Creek tribe,
as soon as may be after the ratification hereof, to be applied to the
payment of their just debts, and then to their own relief, and to be
distributed as they may direct, and which shall be in full consideration
of all improvements.

Article X. The sum of sixteen thousand dollars shall be allowed
as a compensation to the delegation sent to this place, and for the pay¬
ment of their expenses, and of the claims against them.

Article XI. The following claims shall be paid by the United
States.

For ferries, bridges and causeways, three thousand dollars, provided
that the same shall become the property of the United States.

For the payment of certain judgments obtained against the chiefs
eight thousand five hundred and seventy dollars.

For losses for which they suppose the United States responsible,
seven thousand seven hundred and ten dollars.

TREATY WITH THE SEMIHOLE, 1832.

For the payment of improvements under the treaty of 1826 one
thousand dollars.

The three following annuities shall be paid for life.

To Tuske-hew-haw-Cusetaw two hundred dollars.

To the Blind Uchu King one hundred dollars.

To Neah Mico one hundred dollars.

There shall be paid the sum of fifteen dollars, for each person who
has emigrated without expense to the United States, but the whole
sum allowed under this provision shall not exceed fourteen hundred
dollars.

There shall be divided among the persons, who suffered in conse¬
quence of being prevented from emigrating, three thousand dollars.

The land hereby ceded shall remain as a fund from which all the
foregoing payments except those in the ninth and tenth articles shall
be paid.

Article XII. The United States are desirous that the Creeks should
remove to the country west of the Mississippi, and join their country¬
men there; and for this purpose it is agreed, that as fast as the Creeks
are prepared to emigrate, they shall be removed at the expense of the
United States, and shall receive subsistence while upon the journey,
and for one year after their arrival at their new homes — Provided
however, that this article shall not be construed so as to compel any
Creek Indian to emigrate, but they shall be free to go or stay, as they
please.

Article XIII. There shall also be given to each emigrating warrior
a rifle, moulds, wiper and ammunition and to each family one blanket.
Three thousand dollars, to be expended as the President may direct,
shall be allowed for the term of twenty years for teaching their children.
As soon as half their people emigrate, one blacksmith shall be allowed
them, and another when two thirds emigrate, together with one ton of
iron and two hundred weight of steel annually for each blacksmith. —
These blacksmiths shall be supported for twenty years.

Article XIV. The Creek country west of the Mississippi shall be
solemnly guarantied to the Creek Indians, nor shall any State or Terri¬
tory ever have a right to pass laws for the government of such Indians,
but they shall be allowed to govern themselves, so far as may be com¬
patible with the general jurisdiction which Congress may think proper
to exercise over them. And the United States will also defend them
from the unjust hostilities of other Indians, and will also as soon as the
boundaries of the Creek country West of the Mississippi are ascer¬
tained, cause a patent or grant to be executed to the Creek tribe;
agreeably to. the 3d section of the act bf Congress of May 2d, [28,] 1830,
entitled “An act to provide for an exchange of lands with the Indians
residing in any of the States, or Territories, and for their removal West
of the Mississippi.”

Article XV. This treaty shall be obligatory on the contracting par¬
ties, as soon as the same shall be ratified by the United States.

TREATY WITH THE SEMINOLE, 1832.

The Seminole Indians, regarding with just respect, the solicitude
manifested by the President of the United States for the improvement
of their condition, by recommending a removal to a country more suit¬
able to their habits and wants than the one they at present occupy in
the Territory of Florida, are willing that their confidential chiefs,
Jumper, Fuck-a-lus-ti-had-jo, Charley Emartla, Coi-had-jo, Holati-
Emartla, Ya-ha-hadjo, Sam Jones, accompanied by their agent Major
Phagan, and their faithful interpreter Abraham, should be sent at the
expense of the United States as early as convenient to examine the

249

Annuities.

Removal of Creeks.

Proviso.

Presents to emi¬
grants.

Blacksmiths.

Creek country west
of the Mississippi.

1830, ch. 148.

Treaty obligatory
when ratified.

May 9, 1832.

7 Stat., 368.
Proclamation, April
12, 1834.

250

TREATY WITH THE SEMINOLE, 1832.

country assigned to the Creeks west of the Mississippi river, and should
they he satisfied with the character of that country, and of the favor¬
able disposition of the Creeks to reunite with the Serainoles as one
people; the articles of the compact and agreement, herein stipulated
at Payne’s landing on the Ocklewaha river, this ninth day of May, one
thousand eight hundred and thirty -two, between James Gadsden, for
and in behalf of the Government of the United States, and the under¬
signed chiefs and head-men for and in behalf of the Seminole Indians,
shall be binding on the respective parties.

cession to theunited Article I. The Seminole Indians relinquish to the United States,
Florida, etc. n * m all claim to the lands they at present occupy in the Territory of Florida,
and agree to emigrate to the country assigned to the Creeks, west of
the Mississippi river; it being understood that an additional extent
of territory, proportioned to their numbers, will be added to the Creek
countiy, and that the Seminoles will be received as a constituent part
of the Creek nation, and be re-admitted to all the privileges as mem¬
bers of the same.

$15,400 to be paid by
United States.

Blankets, etc., to be
supplied. .

Blacksmith.

Annuity.

Article II. For and in consideration of the relinquishment of claim
in the first article of this agreement, and in full compensation for all
the improvements, which may have been made on the lands thereby
ceded; the United States stipulate to pay to the Seminole Indians,
fifteen thousand, four hundred (15,400) dollars, to be divided among
the chiefs and warriors of the several towns, in a ratio proportioned
to their population, the respective proportions of each to be paid on
their arrival in the country they consent to remove to; it being under¬
stood that their faithful interpreters Abraham and Cudjo shall receive
two hundred dollars each of the above sum, in full remuneration for
the improvements to be abandoned on the lands now cultivated by them.

Article III. The United States agree to distribute as they arrive
at their new homes in the Creek Territory, west of the Mississippi
river, a blanket and a homespun frock, to each of the warriors, women
and children of the Seminole tribe of Indians.

Article IV. The United States agree to extend the annuity for the
support of a blacksmith, provided for in the sixth article of the treaty
at Camp Moultrie for ten (10) years beyond the period therein stipu¬
lated, and in addition to the other annuities secured under that treaty;
the United States agree to pay the sum of three thousand (3,000) dol¬
lars a year for fifteen (15) years, commencing after the removal of the
whole tribe; these sums to be added to the Creek annuities, and the
whole amount to be so divided, that the chiefs and warriors of the Semi¬
nole Indians may receive their equitable proportion of the same as
members of the Creek confederation —

cattle to be valued. Article Y. The United States will take the cattle belonging to the

Seminoles at the valuation of some discreet person to be appointed by
the President, and the same shall be paid for in money to the respective
owners, after their arrival at their new homes; or other cattle such as
may be desired will be furnished them, notice being given through
their agent of their wishes upon this subject, before their removal,
that time may be afforded to supply the demand.

to b^ettfeV01 slaves Article VI. The Seminoles being anxious to be relieved from

repeated vexatious demands for slaves and other property, alleged to
have been stolen and destroyed by them, so that they may remove
unembarrassed to their new homes; the United States stipulate to have
the same property investigated, and to liquidate such as may be satis¬
factorily established, provided the amount does not exceed seven
thousand (7,000) dollars. —

wiIthfnathrete°yea“ove Article VII. The Seminole Indians will remove within three (3)
years after the ratification of this agreement, and the expenses of their
removal shall be defrayed by the United States, and such subsistence
shall also be furnished them for a term not exceeding twelve (12) months,
after their arrival at their new residence; as m the opinion of the Presi-

TREATY AVITH THE WINNEBAGO, 1833.

251

dent, their numbers and circumstances may require, the emigration to
commence as early as practicable in the year eighteen hundred and
thirty -three (1833), and with those Indians at present occupying the
Big Swamp, and other parts of the country beyond the limits as defined
in the second article of the treaty concluded at Camp Moultrie creek,
so that the whole of that proportion of the Seminoles may be removed
within the year aforesaid, and the remainder of the tribe, in about
equal proportions, during the subsequent years of eighteen hundred and
thirty-four and five, (1834 and 1835.) —

TREATY WITH THE WINNEBAGO, 1832.

Articles ^ofia treaty made andjconcluded, at Fort Armstrong , Rock sept. is, 1832.
Island , Illinois , between the United States of America , by their Com- 7 stat., 370. '

missioners , Major General Winfield Scott of the United States’ Army , 13p^amation’ Feb-
and his Excellency John Reynolds, Governor of the State of Illinois,
and the Winnebago nation of Indians, represented in general Council
by the undersigned Chiefs , Headmen, and Warriors.

Article I. The Winnebago nation hereby cede to the United States, united states*0 the
forever, all the lands, to which said nation have title or claim, lying to a es'

the south and east of the Wisconsin river, and the Fox river of Green
Bay; bounded as follows, viz: beginning at the mouth of the Pee-kee-
tol a-ka river; thence up Rock river to its source; thence, with a line
dividing the Winnebago nation from other Indians east of the Winne¬
bago lake, to the Grande Chute; thence, up Fox river to the Winne¬
bago lake, and with the northwestern shore of said lake, to the inlet of
Fox river; thence, up said river to lake Puckaway, and with the east¬
ern shore of the same to its most southeasterly bend; thence with the
line of a purchase made of the Winnebago nation, by the treaty at
Prairie du Chene, the first day of August, one thousand eight hun¬
dred and twenty-nine, to the place of beginning.

Article II. In part consideration of the above cession, it is hereby cession by the unit-
stipulated and agreed, that the United States grant to the Winnebago ed States-
nation, to be held as other Indian lands are held, that part of the tract
of country on the west side of the Mississippi, known, at present, as
the Neutral ground, embraced within the following limits, viz: begin¬
ning on the west bank of the Mississippi river, twenty miles above the
mouth of the upper loway river, where the line of the lands purchased
of the Sioux Indians, as described in the third article of the treaty of
Prairie du Chien, of the fifteenth day of July, one thousand eight hun¬
dred and thirty, begins; thence, with said line, as surveyed and marked,
to the eastern branch of the Red Cedar creek, thence, down said creek,
forty miles, in a straight line, but following its windings, to the line of
a purchase, made of the Sac and Fox tribes of Indians, as designated in
the second article of the before recited treaty; and thence along the
southern line of said last mentioned purchase, to the .Mississippi, at the
point marked by the surveyor, appointed by the President of the United
States, on the margin of said river; and thence, up said river, to the
place of beginning. The exchange of the two tracts of country to take
place on or before the first day of June next; that is to say, on or before
that day, all the Winnebagoes now residing within the country ceded
by them, as above, shall leave the said country, when, and not before,
they shall be allowed to enter upon the country granted by the United
States, in exchange.

Article III. But, as the country hereby ceded by the Winnebago Annuity for 27 years,
nation is more extensive and valuable than that given by the United
States in exchange; it is further stipulated and agreed, that the United
States pay to the Winnebago nation, annually, for twenty-seven suc¬
cessive years, the first payment to be made in September of the next

252

TREATY WITH THE WINNEBAGO, 1832.

School to he estab¬
lished and supported
by the United States.

Proviso.

Annual allowance
lor 27 years.

Blacksmith’s shop.

Rations of bread
etc.

Payment to be made
by United States to
certain individuals.

Individuals to be
delivered up to United
States.

j^ear, the sum of ten thousand dollars, in specie; which sum shall be paid
to the said nation at Prairie du Chien, and Fort Winnebago, in sums
proportional to the numbers residing most conveniently to those places
respectively.

Article IY. It is further stipulated and agreed, that the United
States shall erect a suitable building, or buildings, with a garden, and
a field attached, somewhere near Fort Crawford, or Prairie du Chien,
and establish and maintain therein, for the term of twenty-seven years,
a school for the education, including clothing, board, and lodging, of
such Winnebago children as may be voluntarily sent to it: the school
to be conducted by two or more teachers, male and female, and the said
children to be taught reading, writing, arithmetic, gardening, agricul¬
ture, carding, spinning, weaving, and sewing, according to their ages
and sexes, and such other branches of useful knowledge as the Presi¬
dent of the United States may prescribe: Provided , That the annual
cost of the school shall not exceed the sum of three thousand dollars.
And, in order that the said school may be productive of the greatest
benefit to the Winnebago nation, it is hereby subjected to the visits and
inspections of his Excellency the Gouvernor of the State of Illinois for
the time being; the United States’ General Superintendents of Indian
affairs; of the United States’ agents who may be appointed to reside
among the Winnebago Indians, and of any officer of the United States’
Army, who may be of, or above the rank of Major: Provided , That
the commanding officer of Fort Crawford shall make such visits and
inspections frequently, although of an inferior rank.

Acticle Y. And the United States further agree to make to the said
nation of Winnebago Indians the following allowances, for the period
of twenty-seven years, in addition to the considerations herein before
stipulated; that is to say: for the support of six agriculturists, and
the purchase of twelve yokes of oxen, ploughs, and other agricultural
implements, a sum not exceeding two thousand five hundred dollars
per annum; to the Rock river band of Winnebagoes, one thousand
five hundred pounds of tobacco, per annum ; for the services and attend¬
ance of a physician at Prairie du Chien, and of one at Fort Winnebago,
each, two hundred dollars, per annum.

Article YI. It is further agreed that the United States remove and
maintain, within the limits prescribed in this treaty, for the occupa¬
tion of the Winnebagoes, the blacksmith’s shop, with the necessary
tools, iron, and steel, heretofore allowed to the Winnebagoes, on the
waters of the Rock river, by the third article of the treaty made with
the Winnebago nation, at Prairie du Chien, on the first day of August,
one thousand eight hundred and twenty-nine.

Article YII. And it is further stipulated and agreed by the United
States, that there shall be allowed and issued to the Winnebagoes,
required by the terms of this treaty to remove within their new limits,
soldiers’ rations of bread and meat, for thirty days: Provided , That
the whole number of such rations shall not exceed sixty thousand.

Article VIII. The United States, at the request of the Winnebago
nation of Indians, aforesaid, further agree to pay, to the following
named persons, the sums set opposite their names respectively, viz:

To Joseph Ogee, two hundred and two dollars and fifty cents,

To William Wallace, four hundred dollars, and •

To John Dougherty, four hundred and eighty dollars; amounting,
in all, to one thousand and eighty -two dollars and fifty cents, which
sum is in full satisfaction of the claims brought by said persons against
said Indians, and by them acknowledged to be justly due.

Article IX. On demand of the United States’ Commissioners, it is
expressly stipulated and agreed, that the Winnebago nation shall
promptly seize and deliver up to the commanding officer of some
United States’ military post, to be dealt with according to law, the fol¬
lowing individual Winnebagoes, viz: Koo-zee-ray-Kaw, Moy-che-nun-

253

TREATY WITH THE SAUK AND FOXES, 1832.

K.aw, Tshik-o-ke-maw-kaw , Ah-hun-see-kaw, and Whw-zee-ree-kay-
hee-wee-kaw, who are accused of murdering', or of being concerned in
the murdering of certain American citizens, at or near the Blue mound,
in the territory of Michigan; Nau-saw-nay-he-kaw, and Toag-ra-naw-
koo-ray-see-ray-kaw; who are accused of murdering, or of being con¬
cerned in murdering, one or more American citizens, at or near Kil-
logg s Grove, in the State of Illinois; and also Waw-kee-aun-shaw and
his son, who wounded, in attempting to kill, an American soldier, at
or near Lake Kosh-ke-nong, in the said territory; all of which offences
were committed in the course of the past spring and summer. And
till these several stipulations are faithfully complied with by the Win¬
nebago nation, it is further agreed that the payment of the annuity of
ten thousand dollars, secured by this treaty, shall be suspended.

Article X. At the special request of the Winnebago nation, the . Lands to be granted.
United States agree to grant, by patent, in fee simple, to the following y me aes'
named persons, all of whom are Winnebagoes by blood, lands as fol¬
lows: To Pierre Paquette, three sections; to Pierre Paquette, junior,
one section; to Therese Paquette one section; and to Caroline Harney,
one section. The lands to be designated under the direction of the
President of the United States, within the country herein ceded by the
Winnebago nation.

Article XI. In order to prevent misapprehensions that might dis- huntnetecbamecou0ntry
turb peace and friendship between the parties to this treaty, it is ceded,
expressly understood that no band or party of Winnebagoes shall reside,
plant, fish, or hunt after the first day of June next, on any portion of
the country herein ceded to the United States.

Article XII. This treaty shall be obligatory on the contracting Whenaratmed!ndlng
parties, after it shall be ratified by the President and Senate of the
United States.

TREATY WITH THE SAUK AND FOXES, 1832.

Articles of a Treaty of Peace , Friendship and Cession , concluded at _ Sept' 21, 1832‘ „

Fort Armstrong , Rock Island , Illinois , between the United States of Proclamation, Feb.
America , by their Commissioners , Major General Winfield Scott , 13, 1833.
of the United States Army , and his Fxcellency John Reynolds , Gov¬
ernor of the State of Illinois , and the confederated tribes of Sac and
Fox Indians , represented , in general Council , by the undersigned
Chiefs , Headmen and Warriors.

Whereas, under certain lawless and desperate leaders, a formidable
band, constituting a large portion of the Sac and Fox nation, left their
country in April last, and, in violation of treaties, commenced an unpro¬
voked war upon unsuspecting and defenceless citizens of the United
States, sparing neither age nor sex; and whereas, the United States,
at a great expense of treasure, have subdued the said hostile band,
killing or capturing all its principal Chiefs and Warriors— the said
States, partly as indemnity for the expense incurred, and partly to
secure the future safety and tranquillity of the invaded frontier,
demand of the said tribes, to the use of the United States, a cession of
a tract of the Sac and Fox country, bordering on said frontier, more
than proportional to the numbers of the hostile band who have been
so conquered and subdued.

Article I. Accordingly, the confederated tribes of Sacs and Foxes edc|g£ to the unit-
hereby cede to the United States forever, all the lands to which the said
tribes have title, or claim, (with the exception of the reservation
hereinafter made,) included within the following bounds, to wit:

Beginning on the Mississippi river, at the point where the Sac and Fox
northern boundary line, as established by the second article of the

254

TREATY WITH THE SAUK AND FOXES, 1832.

Agreement to re¬
move, etc.

Reservation.

Annuity.

Blacksmith and
gunsmith’s shop, etc.

Payment to Farn-
ham & Davenport.

Grant to A. Le Claire.

Delivery of prison¬
ers by the United
States.

Hostages.

treaty of Prairie du Chien, of the fifteenth of July, one thousand eight
hundred and thirty, strikes said river; thence, up said boundary line
to a point fifty miles from the Mississippi, measured on said line;
thence, in a right line to the nearest point on the Red Cedar of the
loway, forty miles from the Mississippi river; thence, in a right
line to a point in the northern boundary line of the State of Missouri,
fifty miles, measured on said boundary, from the Mississippi river;
thence, by the last mentioned boundary to the Mississippi river, and
by the western shore of said river to the place of beginning. And
the said confederated tribes of Sacs and Foxes hereby stipulate and
agree to remove from the lands herein ceded to the United States, on
or before the first day of June next; and, in order to prevent any
future misunderstanding, it is expressly understood, that no band or
party of the Sac or Fox tribes shall reside, plant, fish, or hunt on any
portion of the ceded country after the period just mentioned.

Article II. Out of the cession made in the preceding article, the
United States agree to a reservation for the use of the said confeder¬
ated tribes, of a tract of land containing four hundred square miles,
to be laid off under the directions of the President of the United
States, from the boundary line crossing the loway river, in such man¬
ner that nearly an equal portion of the reservation may be on both
sides of said river, and extending downwards, so as to include Ke-o-
kuck’s principal village on its right bank, which village is about
twelve miles from the Mississippi river.

Article III. In consideration of the great extent of the foregoing
cession, the United States stipulate and agree to pay to the said con¬
federated tribes, annually, for thirty successive years, the first pay¬
ment to be made in September of the next year, the sum of twenty
thousand dollars in specie.

Article IV. It is further agreed that the United States shall estab¬
lish and maintain within the limits, and for the use and benefit of the
Sacs and Foxes, for the period of thirty years, one additional black
and gun smith shop, with the necessary tools, iron and steel; and
finally make a yearly allowance for the same period, to the said tribes,
of forty kegs of tobacco, and forty barrels of salt, to be delivered at
the mouth of the loway river.

Article V. The United States, at the earnest request of the said
confederated tribes, further agree to pay to Farnham and Davenport,
Indian traders at Rock Island, the sum of forty thousand dollars with¬
out interest, which sum will be in full satisfaction of the claims of the
said traders against the said tribes, and by the latter was, on the tenth
day of July, one thousand eight hundred and thirty-one, acknowledged
to be justly due, for articles of necessity, furnished in the course of
the seven preceding years, in an instrument of writing of said date,
duly signed by the Chiefs and Headmen of said tribes, and certified by
the late Felix St. Vrain, United States’ agent, and Antoine Le Claire,
United States’ Interpreter, both for the said tribes.

Article VI. At the special request of the said confederated tribes,
the United States agree to grant, by patent, in fee simple, to Antoine
Le Claire, Interpreter, a part Indian, one section of land opposite Rock
Island, and one section at the head of the first rapids above said Island,
within the country herein ceded by the Sacs and Foxes.

Article VII. Trusting to the good faith of the neutral bands of
Sacs and Foxes, the United States have already delivered up to those
bands the great mass of prisoners made in the course of the war by
the United States, and promise to use their influence to procure the
delivery of other Sacs and Foxes, who may still be prisoners in the
hands of a band of Sioux Indians, the friends of the United States;
but the following named prisoners of war, now in confinement, who
were Chiefs and Headmen, shall be held as hostages for the future
good conduct of the late hostile bands, during the pleasure of the

TREATY WITH THE APPALACHICOLA BAND, 1832.

255

States’ S?;-Muk-ka-ta-mish-a-ka-kaik (or
Black Hawk) and his two sons; Wau-ba-kee-shik (the Prophet) his
brother and two sons; Na-pope; We-sheet loway; Parnaho; and Cha-
kee-pa-shi-pa-ho (the little stabbing Chief).

Article VIII. And it is further stipulated and agreed between the Hostile bands to be
parties to this treaty, that there shall never be allowed in the confed- dlvlded-
erated Sac and Fox nation any separate band, or village, under any
chief or warrior of the ate hostile bands; but that the remnant of the
said hostile bands shall be divided among the neutral bands of the
said tribes according to blood— the Sacs among the Sacs, and the
T oxes among the Foxes.

Article IX. In consideration of the premises, peace and friendship ,JT?ace and “end-
are declared, and shall be perpetually maintained between the United
States and the whole confederated Sac and Fox nation, excepting from
the latter the hostages before mentioned.

Article X. The United States, besides the presents, delivered Subsistence fur-
the signing of this treaty, wishing to give a striking evidence of their sSsed by United
mercy and liberality, will immediately cause to be issued to the said
confederated tribes, principally for the use of the Sac and Fox women
and children, whose husbands, fathers and brothers, have been killed
in the late war, and generally for the use of the whole confederated
tribes, articles of subsistence as follows: — thirty-five beef cattle*
twelve bushels of salt; thirty barrels of pork; and fifty barrels of
flour, and cause to be delivered for the same purposes, in the month
ot April next, at the mouth of the lower Ioway, six thousand bushels
of maize or Indian corn.

Article XI. At the request of the said confederated tribes, it is Present for discov-
agreed that a suitable present shall be made to them on their pointing ery of mmes-
out to any United States agent, authorized for the purpose, the position
or positions of one or more mines, supposed by the said tribes to be of
a metal more valuable than lead or iron.

Article XII. This treaty shall take effect and be obligatory on the Treaty binding
contracting parties, as soon as the same shall be ratified by the Presi- when ratified-
dent of the United States, by and with the advice and consent of the
Senate thereof.

TREATY WITH THE APPALACHICOLA BAND, 1832. Oct, n, 1832.

7 Stat., 377.

The undersigned chiefs, for and in behalf of themselves and war- i3Pi833amation’ Feb'
riors, surrender to the United States, all their right, title and interest Reservation reiin-
to a reservation of land made for their benefit, in the additional article dUisiied to united
of the treaty, concluded at Camp Moultrie, in the Territorv of Florida, States’ etc‘
on the. 18th of September, eighteen hundred and twenty-three, and
which is described in said article, “as commencing on the Appalachi-
cola, one mile below Tuski Hajo’s improvements;, running up said river
four miles, thence west two miles, thence southerly to a point due
west of the beginning, thence east to the beginning point,” and agree
to remove with their warriors and families, now occupying said reser¬
vation, and amounting in all to (256) two hundred and fifty-six souls,
to the west of the Mississippi river, beyond the limits of the States
and Territories of the United States of America.

Article II. For, and in consideration of said surrender, and to meet stPtJsmentsby United
the charges of a party to explore immediately the country west in a es-
search of a home more suitable to their habits, than the one at present
occupied, and in full compensation for all the expenses of emigration,
and subsistence for themselves and party: The United States agree to
pay to the undersigned chiefs, and their warriors, thirteen thousand
dollars; three thousand dollars in cash, the receipt of which is herewith
acknowledged, and ten thousand dollars whenever they have completed
their arrangements, and have commenced the removal of their whole
party.

256

TREATY WITH THE POTAWATOMI, 1832.

i5!Sefixedforevacu* Article III. The undersigned chiefs, with their warriors and
families, will evacuate the reservation of land surrendered by the first
article of this agreement, on or before the first of November, eighteen
hundred and thirty -three; but should unavoidable circumstances pre¬
vent the conclusion of the necessary preparatory arrangements by that
time, it is expected that the indulgence of the government of the
United States will be reasonably extended for a term, not to exceed
however another year.

Annuity to Blunt Article IV. The United States further stipulate to continue to
and Davy. Blunt and Davy (formerly Tuski Hajo deceased) the Chiefs of the

towns now consenting to emigrate, their proportion of the annuity of
five thousand dollars which they at present draw, and to which they
are entitled under the treaty of Camp Moultrie, so long as they remain
in the Territory of Florida, and to advance their proportional amouut
of the said annuity for the balance of the term stipulated for its pay¬
ment in the treaty aforesaid; whenever they remove in compliance of
the terms of this agreement.

Done at Tallahassee in the Territory of Florida, this eleventh day
of October one thousand eight hundred and thirty-two, and of
the Independence of the United States the fifty-seventh.

TREATY WITH THE POTAWATOMI, 1832.

oct. 20, 1832. Articles of a treaty m-ade and concluded at Camp Tippecanoe , in the

7stat„ 378. State of Indiana, this twentieth day of October , in the year of our

:iPSamatl°n’ Jan' Lord one thousand eight hundred and thirty -two, between Jonathan
Jennings , John TF. Davis and Marks Grume , Commissioners on the
part of the United States of the one part, and the Chiefs and Head¬
men of the Potawatamie Tribe of Indians of the Prairie and Kanka¬
kee, of the other part.

itaTef011 10 the United Article I. The said Potawatamie Tribe of Indians cede to the

United States the tract of land included within the following bound¬
ary, viz:

Beginning at a point on Lake Michigan ten miles southward of the
mouth of Chicago river; thence, in a direct line, to a point on the
Kankakee river, ten miles above its mouth; thence, with said river
and the Illinois river, to the mouth of Fox river, being the boundary
of a cession made by them in 1816; thence, with the southern bound¬
ary of the Indian Territory, to the State line between Illinois and
Indiana; thence, north with said line, to Lake Michigan; thence, with
the shore of Lake Michigan, to the place of beginning.

Reservations. Article II. From the cession aforesaid the following tracts shall be

reserved, to wit:

Five sections for Shaw-waw-nas-see, to include Little Rock village.
For Min-e-maung, one section, to include his village.

For Joseph Laughton, son of Wais-ke-shaw, one section, and for
Ce-na-ge-wine, one section, both to be located at Twelve Mile Grove,
or Na-be-na-qui-nong.

For Claude Laframboise, one section, on Thorn creek.

For Maw-te-no, daughter of Francois Burbonnois, jun. one section,
at Soldier’s village.

For Catish, wife of Francis Burbonnois, sen. one section, at Soldier’s
village.

For the children of Wais-ke-shaw, two sections, to include the small
grove of timber on the river above Rock village.

For Jean B. Chevallier, one section, near Rock village; and for his
two sisters, Angelique and Josette, one half section each, joining his.
For Me-she-ke-ten-o, two sections, to include his village.

TREATY WITH THE POTAWATOMI, 1832.

257

For Francis Le Via, one section, joining Me-she-ke-ten-o.

For the five daughters of Mo-nee, by her last husband, Joseph Bailey,
two sections.

. For Me-saw-ke-qua and her children, two sections, at Wais-us-kucks’s
village.

For Sho-bon-ier, two sections, at his village.

For Josette Beaubien and her children, two sections, to be located
on Hickory creek.

For Therese, wife of Joseph Laframboise, one section; and for
Archange Pettier, one section, both at Skunk Grove.

For Mau-i-to-qua and son, one half section each; for the children of
Joseph Laframboise, one section, at Skunk Grove.

For Washington Burbonnois, one section, joining his mother’s res¬
ervation (Calish Burbonnois).

For Ah-be-te-kezhic, one section, below the State line on the Kan¬
kakee river.

For Nancy, Sally, and Betsey Countreman, children of En-do-ga,
one section, joining the reserves near Rock village.

For Jacque Jonveau, one section, near the reservation of Me-she-ke-
ten-o.

For Wah-pon-seh and Qua-qui-to, five sections each, in the Prairie
near Rock village.

The persons to whom the foregoing reservations are made, are all
Indians and of Indian descent.

Article III. In consideration of the cession in the first article, the Annmties-
United States agree to pay to the aforesaid Potawatamie Indians, an
annuity of fifteen thousand dollars for the term of twenty years. Six
hundred dollars shall be paid annually to Billy Caldwell, two hundred
dollars to Alexander Robinson, and two hundred dollars to Pierre Le
Clerc, during their natural lives.

Article IV. The sum of twenty -eight thousand seven hundred and Payment of claims
forty -six dollars, shall be applied to the payment of certain claims agams n ians'
against .the Indians, agreeably to a schedule of the said claims, here¬
unto annexed.

The United States further agree to deliver to the said Indians, forty- Merchandise,
five thousand dollars in merchandise immediately after signing this
treaty; and also the further sum of thirty thousand dollars in merchan¬
dize is hereby stipulated to be paid to them at Chicago in the 3rear 1833.

There shall be paid by the United States, the sum of one thousand ^Payments for horses
four hundred dollars to the following named Indians, for horses stolen

from them during the late war, as follows, to wit:

To Pe-quo-no, for two horses, eighty dollars. $80

To Pa-ca-cha-be, for two ditto, eighty dollars. 80

To Shaw-wa-nas-see, for one ditto, forty dollars. 40

To Francis Sho-bon-nier, for three ditto, one hundred and

twenty dollars. 120

To Sho-bon-ier, or Cheval-ier, for one ditto, forty dollars. 40
To Naw-o-kee, for one ditto, forty dollars. 40

To Me-she-ke-ten-o, for one ditto, forty dollars. 40

To Aun-take, for two horses, eighty dollars. 80

To Che-chalk-ose, for one ditto, forty dollars. 40

To Naa-a-gue, for two ditto, eighty dollars. 80

To Pe-she-ka-of-le-beouf, one ditto, forty dollars. 40

To Naw-ca-a-sho, for four ditto, one hundred and sixty dollars. 160
To Nox-sey, for one ditto, forty dollars. 40

To Ma-che-we-tah, for three ditto, one hundred and twenty

dollars. 120

To Masco, for one ditto, forty dollars. 40

To Wah-pou-seh, for one horse, forty dollars. 40

S. Doc. 452 - 17

258

TREATY WITH THE POTAWATOMI, 1832.

Permission to hunt
and fish.

To Waub-e-sai, for three ditto, one hundred and twenty dol¬
lars. 1120

To Chi-cag, for one ditto, forty dollars. 40

To Mo-swah-en-wah, one ditto, forty dollars. 40

To She-bon-e-go, one ditto, forty dollars. 40

To Saw-saw- wais-kuk, for two ditto, eighty dollars. 80

The said tribe having been the faithful allies of the United States
during the late conflict with the Sacs and Foxes, in consideration
thereof, the United States agree to permit them to hunt and fish on the
lands ceded, as also on the lands of the Government on Wabash and
Sangamon rivers, so long as the same shall remain the property of the
United States,

Horses delivered. After the signing of this treaty, and at the request of the Indians,

three thousand dollars was applied to the purchasing of horses; which
were purchased and delivered to the Indians by our direction, leaving
the balance to be paid in merchandise at this time, forty-two thousand
dollars.

* * * * *

claims to be paid. It is agreed, on the part of the United States, that the following
claims shall be allowed, agreeably to the fourth article of the fore¬
going treaty, viz:

To Gurdon S. Hubbard, five thousand five hundred and seventy
three dollars.

Samuel Miller, seven hundred and ninety dollars.

John Bt. Bobea, three thousand dollars.

Robert A. Kinzie, four hundred dollars.

Jacque Jombeaux, one hundred and fifty dollars.

Jacque Jombeaux, senior, fifteen hundred dollars.

Medad B. Bobeaux, five hundred and fifty dollars.

Noel Vasier, eighteen hundred dollars.

Joseph Balies, twelve hundred and fifty dollars.

Joseph Shawnier, one hundred and fifty dollars.

Thomas Hartzell, three thousand dollars.

Bernardus H. Lawton, three thousand five hundred dollars.

George Walker, seven hundred dollars.

Stephen J. Scott, one hundred dollars.

Cole Weeks, thirty eight dollars.

Timothy B. Clark, one hundred dollars
George Pettijohn, fifty dollars.

Thomas Forsyth, five hundred dollars.

Antoine Le Clerc, fifty-five dollars.

James B. Campbell, fifty-three dollars.

John W. Blackstone, sixty dollars.

Alexander Robinson, ninety-one dollars.

Francis Bulbona, jr. one thousand dollars.

John Bt. Chevalier six hundred and sixty dollars.

Joseph La Frombois four hundred and forty-one dollars.

Leon Bourasau eight hundred dollars.

Peter Menard, jr. thirty-seven dollars.

Joseph Shoemaker, eighteen dollars.

Tunis S. Wendell one thousand dollars.

F. H. Countraman, forty dollars.

Samuel Morris, one hundred and forty dollars.

William Conner, two thousand dollars.

J ohn B. Bourie, twelve hundred dollars.

TREATY WITH THE CHICKASAW, 1832.

‘259

TREATY WITH THE CHICKASAW, 1832.

Articles of a treaty made and entered into between Genl. John Coffee,
being duly authorised thereto , by the President of the United States ,
and the whole Chickasaw Nation , in General Council assembled , at
the Council House , on Pontitock Creek on the twentieth day of Octo¬
ber, 1832. a j

The Chickasaw Nation find themselves oppressed in their present
situation; by being made subject to the laws of the States in which
they reside. Being ignorant of the language and laws of the white
man, they cannot understand or obey them. Rather than submit to
this great evil, they prefer to seek a home in the west, where they may
live and be governed by their own laws. And believing that they can
procure for themselves a home, in a country suited to their wants and
condition, provided they had the means to contract and pay for the
same, they have determined to sell their country and hunt a new home.
The President has heard the complaints of the Chickasaws, and like
them believes they cannot be happy, and prosper as a nation, in their
present situation and condition, and being desirous to relieve them
from the great calamity that seems to await them, if they remain as
they are — He has sent his Commissioner Genl. John Coffee, who has
met the whole Chickasaw nation in Council, and after mature deliber¬
ation, they have entered into the following articles, which shall be
binding on both parties, when the same shall be ratified by the Presi¬
dent of the United States by and with the advice and consent of the
Senate.

Article I. For the consideration hereinafter expressed, the Chick¬
asaw nation do hereby cede, to the United States, all the land which
they own on the east side of the Mississippi river, including all the
country where they at present live and occupy.

Article II. The United States agree to have the whole country
thus ceded, surveyed, as soon as it can be conveniently done, in the same
manner that the public lands of the United States are surveyed in the
States of Mississippi and Alabama, and as soon thereafter as may be
practicable, to have the same prepared for sale. The President of the
United States will then offer the land for sale at public auction, in the
same manner and on the same terms and conditions as the other pub¬
lic lands, and such of the land as may not sell at the public sales shall
be offered at private sale, in the same manner that other private sales
are made of the United States lands.

Article III. As a full compensation to the Chickasaw nation, for
the country thus ceded, the United States agree to pay over to the
Chickasaw nation, all the money arising from the sale of the land
which may be received from time to time, after deducting therefrom
the whole cost and expenses of surveying and selling the land, includ¬
ing every expense attending the same.

Article IY. The President being determined that the Chickasaw
people shall not deprive themselves of a comfortable home, in the
country where they now are, untill they shall have provided a country
in the west to remove to, and settle on, with fair prospects of future
comfort and happiness— It is therefore agreed to, by the Chickasaw
nation, that they will endeavor as soon as it may be in their power,
after the ratification of this treaty, to hunt out and procure a home for
their people, west of the Mississippi river, suited to their wants and
condition; and they will continue to do so during the progress of the
survey of their present country, as is provided for in the second article
of this treaty. But should they fail to procure such a country to
remove to and settle on, previous to the first public sale of their coun¬
try here then and in that event, they are to select out of the surveys,
a comfortable settlement for every family in the Chickasaw nation, to

Oct. 20, 1832.

7 Stat., 381.
Proclamation, Max.
1, 1833.

Preamble.

Cession of lands to
United States.

Ceded lands to be
surveyed, etc.

Compensation to
Chickasaws.

Chickasaws to seek
a home west of the
Mississippi.

In case they fail to
procure such a home.

260

TREATY WITH THE CHICKASAW, 1832.

Allotments.

Guaranty by United
States.

When Chiekasaws
determine to remove,
they will give notice,
etc.

Improvements to be
valued, etc.

Surveyor-general to
be appointed, etc.

include their present improvements, if the land is good for cultivation,
and if not they may take it in any other place in the nation, which is
unoccupied by any other person. Such settlement must be taken by
sections. And there shall be allotted to each family as follows (to wit):
To a single man who is twenty -one years of age, one section — to each
family of five and under that number two sections — to each family of
six and not exceeding ten, three sections, and to each family over ten
in number, four sections — and to families who own slaves, there shall
be allowed, one section to those who own ten or upwards and such as
own under ten, there shall be allowed half a section. If any person
shall now occupy two places and wish to retain both, thei^ may do so,
by taking a part at one place, and a part at the other, and where two
or more persons are now living on the same section, the oldest occu¬
pant will be entitled to remain, and the others must move off to some
other place if so required by the oldest occupant. All of which tracts
of land, so selected and retained, shall be held, and occupied by the
Chickasaw people, uninterrupted until they shall find and obtain a
country suited to their wants and condition. And the United States
will guaranty to the Chickasaw nation, the quiet possession and unin¬
terrupted use of the said reserved tracts of land, so long as they may
live on and occupy the same. And when they shall determine to
remove from said tracts of land, the Chickasaw nation will notify the
President of the United States of their determination to remove, and
thereupon as soon as the Chickasaw people shall remove, the President
will proclaim the said reserved tracts of land for sale at public auction
and at private sale, on the same terms and conditions, as is provided
for in the second article of this treaty, to sell the same, and the net
proceeds thereof, to be paid to the Chickasaw nation, as is provided
for in the third article of this treaty.

Article V. If any of the Chickasaw families shall have made valua¬
ble improvements on the places where they lived and removed from,
on the reservation tracts, the same shall be valued by some discreet
person to be appointed by the President, who shall assess the real cash
value of all such improvements, and also the real cash value of all the
land within their improvements, which they may have cleared and
actually cultivated, at least one year in good farming order and con¬
dition. And such valuation of the improvements and the value of the
cultivated lands as before mentioned, shall be paid to the person who
shall have made the same. To be paid out of the proceeds of the sales
of the ceded lands. The person who shall value such land and improve¬
ments, shall give to the owner thereof, a certificate of the valuation,
which shall be a good voucher for them to draw the money on,
from the proper person, who shall be appointed to pay the same, and
the money shall be paid, as soon as may be convenient, after the valua¬
tion, to enable the owner thereof to provide for their families on their
journey to their new homes. The provisions of this article are intended
to encourage industry and to enable the Chiekasaws to move com¬
fortably. But least the good intended may be abused, by designing
persons, by hiring hands and clearing more land, than they otherwise
would do for the benefit of their families — It is determined that no
payment shall be made for improved lands, over and above one-eighth
part of the tract allowed and reserved for such person to live on and
occupy.

Article VI. The Chickasaw nation cannot receive any part of the
payment for their land until it shall be surveyed and sold; therefore,
in order to the greater facility, in surveying and preparing the land
for sale, and for keeping the business of the nation separate and apart
from the business and accounts of the United States, it is proposed by
the Chiekasaws, and agreed to, that a Surveyor General be appointed
by the President, by and with the advice and consent of the Senate, to
superintend alone the surveying of this ceded country or so much

TEE ATI WITH THE CHICKASAW, 1832.

261

thereof as the President may direct, who shall appoint a sufficient num¬
ber of deputy surveyors, as may be necessary to complete the survey,
in as short a time as may be reasonable and expedient. That the said
Surveyor General be allowed one good clerk, and one good draftsman
to aid and assist him in the business of- his office, in preparing the
lands for sale. It is also agreed that one land office be established for Land office,
the sale of the lands, to have one Register and one Receiver of monies,
to be appointed by the President, by and with the advice and consent
of the Senate, and each Register and Receiver to have one good clerk
to aid and assist them in the duties of their office. The Surveyor’s
office, and the office of the Register and Receiver of money, shall be
kept somewhere central in the nation, at such place as the President of
the United States may direct. As the before mentioned officers, and
clerks, are to be employed entirely in business of the nation, apper¬
taining to preparing and selling the land, they will of course be paid
out of the proceeds of the sales of the ceded lands. That the Chicka-
saws, may now understand as near as may be, the expenses that will
be incurred in the transacting of this business — It is proposed and salaries of surveyor-
agreed to, that the salary of the Surveyor General be fifteen hundred genera ; e c-
dollars a year, and that the Register and Receiver of monies, be allowed
twelve hundred dollars a year each, as a full compensation for their
services, and all expenses, except stationary and postages on their
official business, and that each of the clerks and draftsman be allowed
seven hundred and fifty dollars a year, for their services and all
expenses.

Article VII. It is expressly agreed that the United States shall not no preemption
grant any right of preference, to any person, or right ot occupancy in by united states,
any manner whatsoever, but in all cases, of either public or private
sale, they are to sell the land to the highest bidder, and also that none
of the lands be sold in smaller tracts than quarter sections or fractional
sections of the same size as near as may be, until the Chickasaw nation
may require the President to sell in smaller tracts. The Chiefs of the Combinations
nation have heard that at some of the sales of the United States lands, among1 purchasers nto
the people there present, entered into combinations, and united in be prevented,
purchasing much of the land, at reduced prices, for their own benefit,
to the great prejudice of the Government, and they express fears, that
attempts will be made to cheat them, in the same manner when their
lands shall be offered at public auction. It is therefore agreed that
the President will use his best endeavours, to prevent such combina¬
tions, or any other plan or state of things which may tend to prevent
the land selling for its full value.

Article YIII. As the Chickasaws have determined to sell their ^Reduction of price,
country, it is desirable that the nation realize the greatest possible sum e c'
for their lands, which can be obtained. It is therefore proposed and
agreed to that after the President shall have offered their lands for
sale and shall have sold all that will sell for the Government price,
then the price shall be reduced, so as to induce purchasers to buy, who
would not take the land at the Government minimum price; — and it is
believed, that five years from and after the date of the first sale, will
dispose of all the lands, that will sell at the Government price. If
then at the expiration of five years, as before mentioned, the Chicka¬
saw nation may request the President to sell at such reduced price as
the nation may then propose, it shall be the duty of the President to
comply with their request, by first offering it at public and afterwards
at private sale, as in all other cases of selling public lands.

Article IX. The Chickasaw nation express their ignorance, and ue4gean“o oe contm-
incapacity to live, and be happy under the State laws, they cannot read Saws.
and understand them, and therefore they will always need a friend to
advise and direct them. And fearing at some day the Government of
the United States may withdraw from them, the agent under whose

262

Expenses of remov¬
al, etc.

Chickasaw fund.

TREATY WITH THE CHICKASAW, 1832.

instructions they have lived so long and happy — They therefore request
that the agent may be continued with them, while here, and wherever
they may remove to and settle. It is the earnest wish of the United
States Government to see the Chickasaw nation prosper and he happy,
and so far as is consistent they will contribute all in their power to
render them so — therefore their request is granted. There shall be an
agent kept with the Chickasaws as heretofore, so long as they live
within the jurisdiction of the United States as a nation, either within
the limits of the States where they now reside, or at any other place.
And whenever the office of agent shall be vacant, and an agent to be
appointed, the President will pay due respect to the wishes of the
nation in selecting a man in all respects qualified to discharge the
responsible duties of that office.

Article X. Whenever the Chickasaw nation shall determine to
remove from, and leave their present country, they will give the Presi¬
dent of the United States timely notice of such intention, and the
President will furnish them, the necessary funds, and means for their
transportation and journey, and for one years provisions, after they
reach their new homes, in such quantity as the nation may require,
and the full amount of such funds, transportation and provisions, is to
be paid for, out of the proceeds of the sales of the ceded lands. And
should the Chickasaw nation remove, from their present country,
before they receive money, from the sale of the lands, hereby ceded;
then and in that case, the United States shall furnish them any reason¬
able sum of money for national purposes, which may be deemed proper
by the President of the United States, which sum shall also be refunded
out of the sales of the ceded lands.

Article XI. The Chickasaw nation have determined to create a
perpetual fund, for the use of the nation forever, out of the proceeds
of the country now ceded away. And for that purpose they propose
to invest a large proportion of the money arising from the sale of the
land, in some safe and valuable stocks, which will bring them in an
annual interest or dividend, to be used for all national purposes, leav¬
ing the principal untouched, intending to use the interest alone. It is
therefore proposed by the Chickasaws, and agreed to, that the sum to
be laid out in stocks as above mentioned, shall be left with the govern¬
ment of the United States, until it can be laid out under the direction
of the President of the United States, by and with the advice and con¬
sent of the- Senate, in such safe and valuable stock as he may approve
of, for the use and benefit of the Chickasaw nation. The sum thus to
be invested, shall be equal to, at least three-fourths of the whole net
proceeds of the sales of the lands; and as much more, as the nation
may determine, if there shall be a surplus after suppyling all the
national wants. But it is hereby provided, that if the reasonable wants
of the nation shall require more than one fourth of the proceeds of the
sales of the land, then they may, by the consent of the President and
Senate, draw from the government such sum as may be thought reason¬
able, for valuable national purposes, out of the three-fourths reserved
to be laid out in stocks. But if any of the monies shall be thus drawn
out of the sum first proposed, to be laid out on interest, the sum shall
be replaced, out of the first monies of the nation, which may come into
the possession of the United States government, from thb sale of the
ceded lands, over and above the reasonable wants of the nation. At
the expiration of fifty years from this date, if the Chickasaw nation
shall have improved in education and civilization, and become so
enlightened, as to be capable of managing so large a sum of money to
advantage, and with safety, for the benefit of the nation, and the
President of the United States, with the Senate, shall be satisfied
thereof, at that time, and shall give their consent thereto, the Chicka
saw nation may then withdraw the whole, or any part of the fund now

263

TREATY WITH THE CHICKASAW, 1832.

set apart, to be laid out in stocks, or at interest, and dispose of the
same, in any manner that they may think proper at that time, for the
use and benefit of the whole nation; but no part of said fund shall ever
be used for any other purpose, than the benefit of the whole Chickasaw
nation. In order to facilitate the survey and sale of the lands now
ceded, and to raise the mone}^ therefrom as soon as possible, for the
foregoing purpose, the President of the United States is authorised to
commence the survey of the land as soon as may be practicable, after
the ratification of this treaty.

Article XII. The Chickasaws feel grateful to their old chiefs, for Annuities to chiefs,
their long and faithful services, in attending to the business of the etc‘
nation. They believe it a duty, to keep them from want in their old
and declining age— with those feelings, they have looked upon their
old and beloved chief Tish-o-mingo, who is now grown old, and is poor
and not able to live, in that comfort, which his valuable life and great
merit deserve. It is therefore determined to give him out of the
national funds, one hundred dollars a year during the balance of his
life,, and the nation request him to receive it, as a token of their kind
feelings for him, on account of his long and valuable services.

Our old and beloved Queen Puc-caun-la, is now very old and very Annuity to Queen
poor. J ustice says the nation ought not to let her suffer in her old age ; Puc'caun la-
it is therefore determined to give her out of the national funds, fifty
dollars a year during her life, the money to be put in the hands of the
agent to be laid out for her support, under his direction, with the
advice of the chiefs.

Article XIII. The boundary line between the lands of the Chicka- t^ennoaixickasabe
saws and Choctaws, has never been run, or properly defined, and as the andchoctaws. a s a w s
Choctaws have sold their country to the United States, they now have
no interest in the decision of that question. It is therefore agreed to
call on the old Choctaw chiefs to determine the line to be run, between
the Chickasaws and their former country. The Chickasaws, by a treaty
made with the United States at Franklin in Tennessee, in Aug. 1830, (a)
declared their line to run as follows, to wit: Beginning at the mouth of
Oak tibby-haw and running up said stream to a point, being a marked
tree, on the old Hatches road, one mile southwardly from Wall’s old
place. Thence with the Choctaw boundary, and along it, westwardly
through the Tunicha old fields, to a point on the Mississippi river, about
twenty-eight miles by water, below where the St. Francis river enters
said stream on the west side. It is now agreed, that the surveys of the
Choctaw country which are now in progress, shall not cross the line
until the true line shall be decided and determined; which shall be
done as follows, the agent of the Choctaws on the west side of the
Mississippi shall call on the old and intelligent chiefs of that nation, and
lay before them the line as claimed by the Chickasaws at the Franklin
treaty, and if the Choctaws shall determine that line to be correct, then
it shall be established and made the permanent line, but if the Choc¬
taws say the line strikes the Mississippi river higher up said stream,
then the best evidence which can be had from both nations, shall be
taken by the agents of both nations, and submitted to the President of
the United States for his decision, and on such evidence, the President
will determine the true line on principles of strict justice.

Article XIY. As soon as the surveys are made, it shall be the duty List of reservations,
of the chiefs, with the advice and assistance of the agent to cause a
correct list to be made out of all and every tract of land, which shall
be reserved, for the use and benefit of the Chickasaw people, for their
residence, as is provided for in the fourth article of this treaty, which
list, will designate the sections of land, which are set apart for each
iamily or individual in the nation, shewing the precise tracts which

a) This treaty appears not to have been finally concluded.

264

TREATY WITH THE CHICKASAW, 1832.

shall belong to each and every one of them, which list shall be returned
to the register of the land office, and he shall make a record of the
same, in his office, to prevent him from offering any of said tracts of
land for sale, and also as evidence of each person’s lands. All the
no settlement m residue ^anc^s will be offered by the President for sale.

Chickasaw country Article XV. The Chickasaws request that no persons be permitted
tni land is sold. to move in and settle on their country before the land is sold. It is
therefore agreed, that no person, whatsoever, who is not Chickasaw or
connected with the Chickasaws by marriage, shall be permitted to come
into the country and settle on any part of the ceded lands until they
shall be offered for sale, and then there shall not be an}7 person per¬
mitted to settle on any of the land, which has not been sold, at the
time of such settlement, and in all cases of a person settling on any
of the ceded lands contrary to this express understanding, they will
be intruders, and must be treated as such, and put off of the lands of
the nation.

TREATY WITH THE CHICKASAW, 1832.

Oct. 22, 1832. Articles supplementary to, _ and explanatory of, a Treaty which was
7 stat.,388. entered into on the Wth instant, between General John Coffee on the

part of the United States, and the whole Chickasaw nation in General
Council assembled.

Leases of reserva¬
tions forbidden.

Reservations to be
sold low for the bene¬
fit of the nation, etc.

Minimum price.

Private sales.

Plan for sales to be
agreed upon.

The fourth article of the treaty to which this is a supplement, pro¬
vides that each Chickasaw family, shall have a tract of land, reserved
for the use of the family, to live on and occupy, so long as the nation
resides in the country where they now are. And the fifth article of
the treaty provides that each family or individual shall be paid for their
improvements, and the value of their cleared lands, when the nation
shall determine to remove and leave the said reserved tracts of land. It
is now proposed and agreed to, that no family or person of the Chickasaw
nation, who shall or may have tracts of land, reserved for their residence
while here, shall ever be permitted to lease any of said land, to any
person whatsoever, nor shall they be permitted to rent any of said land,
to any person, either white, red, or black, or mixed blood of either.
As the great object of the nation is to preserve the land, and timber,
for the benefit of posterity, provided the nation shall continue to live
here, and if they shall at any time determine to remove and sell the
land, it will be more valuable, and will sell for more money, for the
benefit of the nation, if the land and timber be preserved.

It is also expressly declared by the nation, that, whenever the nation
shall determine to remove from their present country, that every tract
of land so reserved in the nation, shall be given up and sold for the
benefit of the nation. And no individual or family shall have any right
to retain any of such reserved tracts of land, for their own use, any
longer than the nation may remain in the country where they now are.

As the reserve tracts of land above alluded to, will be the first choice
of land in the nation, it is determined that the minimum price of all the
reserved tracts, shall be three dollars an acre, until the nation may
determine to reduce the price, and then they will notify the President,
of their wishes, and the price to which they desire to reduce it.

The Chiefs still express fears that combinations may be formed at
the public sales, where their reserved tracts of land shall be offered for
sale, and that they may not be sold so high as they might be sold, by
judicious agents at private sale. They therefore suggest the propriety
of the President determining on some judicious mode of selling the
reserves at private sale.

It is therefore agreed that the suggestion be submitted to the Presi¬
dent, and if he and the Chiefs can agree on a plan of a sale, different

TREATY WITH THE CHICKASAW, 1832.

265

froni the one proposed in the treaty, to which this is a supplement, and
which shall be approved of by both parties, then they may enter into
such agreement and the President shall then be governed by the same,
in the sale of the reserved tracts of land, whenever they may be offered
for sale.

In the provisions of the fourth article of the treaty to which this
is a supplement, for reserves to young men who have no families, it
expresses that each young man, who is twenty -one years of age, shall
have a reserve. But as the Indians mature earlier than white men, and
generally marry younger, it is determined to extend a reserve, to each
young man who is seventeen years of age. And as there are some
orphan girls in the nation or whose families do not provide for them,
and also some widows in the same situation, it is determined to allow
to each of them a reservation of one section, on the same terms and
conditions in all respects, with the other reservations for the nation
generally, and to be allowed to the same ages, as to young men.

Colbert Moore and family have always lived in the Chickasaw nation,
and he requests the liberty to continue with the nation. The Chiefs
and nation agree to his request, and they also agree to allow him and
his family a reserve tract of land to live on and occupy in the same
manner, and on the same terms and conditions as is provided for the
Chickasaw families, in the nation generally, during his good behavior.

The Chiefs of the nation represent that they in behalf of the nation
gave a bond to James Colbert for a debt due to him, of eighteen hun¬
dred and eleven dollars, ninety-three and three fourth cents principal,
that James Colbert transferred said note to Robert Gordon and that
said note, and the interest thereon is yet due and unpaid, and the said
Robert Gordon has proposed to take a section of land for said note, and
interest up to this date. It is therefore agreed by the nation to grant
him a section of land, to be taken any where in the nation, so as not to
interfere with any reserve which has been provided as a residence for
the Chickasaws, which shall be in full for said note and interest.

The Treaty, to which this is a supplement provides that there shall
be offices kept some where central in the nation, at such place as the
President shall determine, for transacting the business of the nation in
selling their lands &c. It is now agreed to by the nation, that the
President may select a section of land, or four quarter sections adjoin¬
ing, at such place as he may determine agreeably to that provision of
the Treaty, to establish the said offices on, and for all the necessary
uses thereto attached, and he is permitted to improve the said tract of
land in any manner, whatsoever, but when it shall cease to be used for
the purposes, for which it is set apart — for offices &c. — then the same
shall be sold under the direction of the President — and the proceeds
thereof shall be paid to the Chickasaw nation, after deducting there¬
from the value of all the improvements on the land, which value shall
be assessed by the President, and in no case shall it exceed one half
the sale of the land.

The Chickasaw nation request the Government to grant them a cross
mail route through the nation as follows, one to pass from Tuscumbia
in Alabama, by the Agency, and b}r the place to be selected for the
offices to be kept and to Rankin in Mississippi on horse back, once a
week each way. The other to run from Memphis in Tennessee, by the
offices and to the Cotton Gin in Mississippi — to pass once a week each
way. They conceive these mails would be useful to the nation, and
indispensible to the carrying on the business of the nation when the
offices are established, but they would respectfully solicit the mails to
be started as soon as possible, to open the avenues of information into
their country.

John Donley has long been known in this nation, as a mail carrier;
he rode on the mails through our nation when a bov and for many years
after he was grown; we think he understands that business as well, if

Reserves to young
men, etc.

C. Moore.

Section of land to
R. Gordon.

Section of land for
land office, etc.

Mail route.

Section of land to
J. Donley.

266

TREATY WITH THE KICKAPOO, 1832.

not better than any other man — and we should prefer him to carry our
mails to any other person— and if. he is given the contract, the nation
will set apart a section of land for his use while we remain here in this
country, which section he may select with the advice of the Chiefs any
where that suits him best, so as not to interfere with any of the reserves,
and he may use it in any manner to live on, or make such improve¬
ments as may be necessary for keeping his horses, or to raise forage for
them. But when the nation shall move away and leave this country
this tract of land must be sold for the benefit of the nation, in the same
manner that the reserve tracts are sold &c. and he is not to claim of
the nation any pay for improving said tract of land.

TREATY WITH THE KICKAPOO, 1832.

Oct, 1832. Articles of a treaty made and entered into at Castor Hill, in the county
proclamation Feb. °f Louis, in the State of Missouri , this twenty-fourth day _ of

13, 1833 ama ’ ’ October, one thousand eight hundred and thirty-two , between William

Clark, Frank J. Allen, and Nathan Nouns, Commissioners on , the
part of the United States, of the one part, and the Chiefs, Warriors,
and Counsellors of the Kickapoo tribe of Indians, on, behalf of said
tribe, on the othet' part.

united°stateslands to Article I. The Kickapoo tribe of Indians, in consideration of the
stipulations hereinafter made, do hereby cede to the United States, the
lands assigned to them by the treaty of Edwardsville, and concluded
at St. Louis, the nineteenth day of July, eighteen hundred and twenty-
two, and all other claims to lands within the State of Missouri.
states1011 by United Article II. The United States will provide for the Kickapoo tribe,
a country to reside in, southwest of the Missouri river, as their perma¬
nent place of residence as long as they remain a tribe. And whereas,
the said Kickapoo tribe are now willing to remove on the following
conditions, from the country ceded on Osage river, in the State of
Missouri, to the country selected on the Missouri river, north of lands
which have been assigned to the Delawares; it is hereby agreed, that
the country within the following boundaries shall be assigned, con¬
veyed, and forever secured, and is hereby so assigned, conveyed, and
secured by the United States to the said "Kickapoo tribe, as their per¬
manent residence, viz: Beginning on the Delaware line, six miles west-
wardly of Fort Leavenworth, thence with the Delaware line westwardly
sixty miles, thence north twent}^ miles, thence in a direct line to the
west bank of the Missouri, at a point twenty-six miles north of Fort
Leavenworth, thence down the west bank of the Missouri river, to a
point six miles nearly northwest of Fort Leavenworth, and thence to
the beginning.

mentofidebteld pay' Article III. In consideration of the cession contained in the first
article, the United States agree to pay to the Kickapoo tribe, within
one year after the ratification of this treaty, an annuity for one year
of eighteen thousand dollars; twelve thousand dollars of which, at the
urgent request of said Indians, shall be placed in the hands of the
superintendent of Indian affairs at St. Louis, and be by him applied
to the payment of the debts of the said tribe, agreeably to a schedule
to be furnished by them to the said superintendent, stating as far as
practicable, for what contracted, and to whom due; and the said super¬
intendent shall, as soon as possible, after the said money comes into
his hands, pay it over in a just apportionment, agreeably to their
respective claims, to the creditors of the said tribe, as specified in the
schedule furnished him. And should any balance remain in his hands
after said apportionment and payment, it shall be by him paid over to
the said Kickapoo tribe, for their use and benefit.

267

TREATY WITH THE KICKAPOO, 1832.

Article IV. The United States further agree to pay to the Kick- Annuity,
apoo tribe, an annuity of five thousand dollars per annum, in merchan¬
dize, at its cost in St. Louis, or in money, at their option, for nineteen
successive years, commencing with the second year after the ratifica¬
tion of this treaty.

Article \ . The United States will pay one thousand dollars annu- Blacksmith,
ally for five successive years, for the support of a blacksmith and strik¬
ers; purchase of iron, steel, tools, &c. for the benefit of said tribe, on
the lands hereby assigned them.

Article VI. The United States agree to pay thirty-seven hundred Mm and church,
dollais, foi the erection of a mill and a church, for the use of said
tribe, on the aforesaid lands.

Article A II. The United States will pay five hundred dollars per school,
annum, for ten successive years, for the support of a school, purchase
of books, &c. for the benefit of said Kickapoo tribe on the lands herein
ceded to them.

Article VIII. The United States agree to pay three thousand dol- Farming utensils,
lars for farming utensils, when such utensils may be required by said
tribe, on their land.

Article IX. The United States will pay four thousand dollars for mLabor and improve
labour and improvements on the lands herein ceded said Kickapoos.

Article X. The United States agree to pay four thousand dollars cattle,
in cattle, hogs, and such other stock as may be required by the said
tribe; to be also delivered on their land.

Article XI. There shall be paid in merchandise and cash, to the Payment in mer-
Kickapoos now present, for the use and benefit of their tribe, six thou- chandlse’ etc-
sand dollars, the receipt of which is hereby acknowledged; which
amount, together with the several stipulations contained in the pre¬
ceding articles, shall be considered as a full compensation for the ces¬
sion herein made by said Kickapoo tribe. The United States will
furnish said Indians with some assistance when removing to the lands
hereby assigned them, and supply them with one year’s provisions
after their arrival on said lands.

Article XII. The United States agree to run and mark out the Boundary to be run.
boundary lines of the lands hereby ceded to the said tribe, within three
years from the date of the ratification of this treaty.

Article XIII. The said Indians agree to remove with as little delay Removal of Indians,
as possible, to the land hereby ceded to them.

Article XIV. The United States agree, at the particular request of Exploring party,
the Kickapoos, that a deputation of their tribe shall be sent, with one
or two of the commissioners, to view the lands hereby ceded to them,
which deputation and commissioners jointly agreeing, shall have power
to alter the boundary lines so as to make a selection of a body of land
not exceeding twelve hundred square miles, adjoining to, and lying
between the Big Nemaha river and the Delaware lands, and of chang¬
ing the lines of the land hereby ceded in the second article of this
treaty, not exceeding half the front on the Missouri between the mouth
of Big Nemaha and Fort Leavenworth, so as to include a suitable site
for a mill seat, should it be desired by said tribe and appear necessary
to the commissioners. And it is understood, that if the commissioners,
on viewing the land ceded in the second article of this treaty, shall find
it of good quality, and sufficient for said tribe, then the aforesaid
second article to be as binding on the contracting parties, as if this
article had not been inserted.

Article XV. This treaty to be binding when ratified by the Presi- w aratyifled n d 1 n s
dent and Senate of the United States.

268

TREATY WITH THE POTAWATOMI, 1832.

Nov. 26, 1832, Supplemental article to the treaty with the Kickapoo tribe of India/ns ,
7 stat., 393. of the twenty-fourth October , one thousand eight hundred and thirty-

two. .

b Bcomm1ssioners and The undersigned, commissioners, on the part of the United States,
deputatfon810Iiersan and a deputation of Kickapoos, on the part of the Kickapoo tribe of
Indians, having visited the lands assigned to the said tribe by the
second article of a treaty with the said tribe, concluded at Castor Hill,
in the county of Saint Louis, and State of Missouri, on the twenty-
fourth day of October, one thousand eight hundred and thirty-two, and
by authority of the powers vested in the said commissioners, and the
said deputation, by the fourteenth article of the aforesaid treaty, have
agreed that the boundary lines of the lands assigned to the Kickapoos,
shall begin on the Delaware line, where said line crosses the left branch
of Salt creek, thence down said creek to the Missouri river, thence up
the Missouri river thirty miles when measured on a straight line,
thence westwardly to a point twenty miles from the Delaware line, so
as to include in the lands assigned the Kickapoos, at least twelve
hundred square miles.

TREATY WITH THE POTAWATOMI, 1832.

oct. 26, 1832. Articles of a treaty made and concluded on Tippecanoe River , in the
7 stat., 394. State of Indiana, between Jonathan Jennings , John W. Davis and

iPi833amatlon’ Jan‘ Marks Crume , Commissioners on the part of the United States , and
the Chiefs , Headmen and Warriors , of the Pottawatimie Indians ,
this twenty-sixth day of October , in the year eighteen hundred and
thirty -two.

rnited states.0 the Article I. The Chiefs, Headmen and Warriors, aforesaid, agree to
cede to the United States their title and interest to lands in the State
of Indiana, (to wit:) beginning at a point on Lake Michigan, where the
line dividing the States of Indiana and Illinois intersects the same;
thence with the margin of said Lake, to the intersection of the southern
boundary of a cession made by the Pottawatimies, at the treaty of the
W abash, of eighteen hundred and twenty-six; thence east, to the north¬
west corner of the cession made by the treaty of St. Joseph’s, in eight¬
een hundred and twenty-eight; thence south ten miles; thence with
the Indian boundary line to the Michigan road; thence south with said
road to the northern boundary line, as designated in the treaty of
eighteen hundred and twenty-six, with the Pottawatimies; thence west
with the Indian boundary line to the river Tippecanoe; thence with the
Indian boundary line, as established by the treaty of eighteen hundred
and eighteen, at St. Mary’s to the line dividing the States of Indiana
and Illinois; and thence north, with the line dividing the said States,
to the place of beginning.

Reservations. Article II. From the cession aforesaid, the following reservations

are made, (to wit:)

For the band of Aub-be-naub-bee, thirty-six sections, to include his
village.

For the bands of Men-o-mi-nee, No-taw-kah, Muck-kah-tah-mo-way
and Pee-pin-oh-waw, twenty-two sections.

For the bands of O-kaw-wause, Kee-waw-nay and Nee-bosh, eight
sections.

For J. B. Shadernah, one section of land in the Door Prairie, where
he now lives.

For the band of Com-o-za, two sections.

For the band of Mah-che-saw, two sections.

For the band of Mau-ke-kose, six sections.

For the bands of Nees- waugh gee and Quash-qua, three sections.

TREATY WITH THE POTAWATOMI, 1832.

269

Article III. In consideration of the cession aforesaid, the United
States agree to pay to the Pottawatimie Indians, an annuity for the
term of twenty years, of twenty thousand dollars; and will deliver to
them goods to the value of one hundred thousand dollars, so soon after
the signing of this treaty as they can be procured; and a further sum
of thirty thousand dollars, in goods, shall be paid to them in the year
eighteen hundred and thirty-three, by the Indian agent at Eel river.

Article IV. The United States agree to pay the debts due by the
Pottawatimies, agreeably to a schedule hereunto annexed; amounting
to sixty-two thousand four hundred and twelve dollars.

Article V. The United States agree to provide for the Pottawati¬
mies, if they shall at any time hereafter wish to change their residence,
an amount, either in goods, farming utensils, and such other articles
as shall be required and necessary, in good faith, and to an extent
equal to what has been furnished any other Indian tribe or tribes
emigrating, and in just proportion to their numbers.

Article VI. The United States agree to erect a saw mill on their
lands, under the direction of the President of the United States.

* * * * *

After the signing of this Treaty, and at the request of the Indians,
five thousand one hundred and thirty-five dollars were applied to the
purchase of horses, which were purchased and delivered to them, under
our direction, leaving ninety-four thousand eight hundred and sixty-
five dollars to be paid in merchandise.

*****

It is agreed, that the United States will satisfy the claims mentioned
in the following schedule, as provided for in the fourth article of the
foregoing treaty, viz:

To Andrew Waymire, fort}^ dollars.

Zacheriah Cicott, nine hundred and fifty dollars.

H. Lassell, senior, four thousand dollars.

Silas Atchinson, two hundred and twenty dollars.

Alexander McAllister, two hundred and twenty dollars.

W alter and Davis, fifteen hundred dollars.

Walker, Carter & C<3. five thousand six hundred dollars.

Edward McCartney, one thousand dollars.

F. R. Kintner, six hundred and twenty dollars.

Joseph Trucky, one hundred dollars.

J. Vigus & C. Taber, eight hundred and fifty dollars.

James Burnit, six hundred dollars.

Samuel Hanna, executor of Abraham Burnet, three hundred and
fifty dollars.

James Hickman, sixty dollars.

William Scott, two hundred and fifty dollars.

M. Harse, seventy dollars.

Emmerson and Huntington, assignees of Willis Fellows, four thou¬
sand five hundred dollars.

W. G. and G. W. Ewing, one thousand dollars.

Peter Barron, seventeen hundred and sixty-six dollars.

Hamilton & Taber, seven hundred and thirty -seven dollars.

Skelton & Scott, six hundred and fifty dollars.

Cyrus Taber, three hundred and fifty dollars.

G. S. Hubbard, one thousand dollars.

Moses Rice, one hundred dollars.

John E. Hunt, three thousand two hundred and sixteen dollars.

John Baldwin, one thousand dollars.

Louis Drouillard, sixty-eight dollars.

George Crawford, eighty dollars.

Thomas Hall, forty dollars.

John B. Duret, four hundred dollars.

Anthony Gambin, three hundred dollars.

Annuities and pay¬
ments.

Debts to be paid by
United States.

Provision for emi¬
grating.

Sawmill to be built.

Horses delivered.

Claims to be paid.

270

TREATY WITH THE SHAWNEE, ETC., 1832.

Joseph Barron, seven hundred and ninety-six dollars.

James H. Kintner, three hundred and fifty -seven dollars.

John B. Bourie, five hundred dollars.

Henry Ossum, nine hundred dollars.

Samuel Hanna, fifteen hundred dollars.

Barnet & Hanna, three thousand five hundred dollars.

Todd & Vigus, six thousand five hundred and thirteen dollars.
Allen Hamilton, seven hundred dollars.

W. G. and G. W. Ewing, three thousand dollars.

George F. Turner, two hundred dollars.

Peter Longlois, two thousand five hundred dollars.

Thomas Robb, eight hundred and forty dollars.

The estate of George Cicott, deceased, fifteen hundred dollars.
George C. Spencer, one hundred and fifty-seven dollars.

John T. Douglass, one hundred dollars.

W. G. and G. W. Ewing, seven hundred and sixteen dollars.

H. B. M’Keen, six hundred dollars.

Joseph Bertrand, senior, fifteen hundred dollars.

George C. Spencer, three hundred dollars.

Jesse Buzann, three hundred and sixteen dollars.

Joseph Douglass, four hundred and fifty dollars.

John Smith, four hundred and eighty dollars.

Moses Barnett, eight hundred and forty-five dollars.

Harison Barnett, two hundred and sixty-seven dollars.

Lot Bozarth, ninety dollars.

Silas Alchison, two hundred and forty -four dollars.

Harison Barnett & Co. one hundred and seventy-eight dollars.
James Elliott, one hundred and nineteen dollars.

Alexander Smith, one hundred dollars.

W alker, Carter & Co. four hundred and four dollars.

John Forsyth, amr. Ac. of Thomas Forsyth, four hundred and
seventy-three dollars.

John Forsyth, six hundred dollars.

TREATY WITH THE SHAWNEE, ETC., 1832.

Oct. 26, 1832. Articles of a treaty made and entered into at Castor Hill, in the county

~^aU9i of St. Lends , in the State of Missouri, this twenty -sixth day of Octo-

i2Pi833lamat*°n’ Feb' one thousand eight hundred and thirty-two , between William

Clark , Frank J. Allen and Nathan Nouns, Commissioners on the
part of the United States, of the one part, and the Chiefs , Warriors
and Counsellors of the Shavmoes and Delawares, late of Cape Girar¬
deau, in behalf of their respective bands, of the other part.

preamble. Whereas parts of the Shawanoe and Delaware nations of Indians,

did settle on lands near the town of Cape Girardeau, under a permis¬
sion from the Spanish Government given to said Shawanoes and Dela¬
wares by the Baron de Carondelet, dated the fourth day of January
one thousand seven hundred and ninety three, on which lands the
Delawares resided until the year one thousand eight hundred and fif¬
teen, at which period, from various causes, it became necessary for
them to remove, leaving their fields and improvements: And whereas,
lands have been assigned to the said Tribes by Treaties, viz: with the
Shawanoes of the seventh November one thousand eight hundred and
twenty-five, and with the Delawares of the twenty-fourth September
one thousand eight hundred and twenty-nine, in which last named
Treaty no compensation was made to the Delawares late of Cape Girar¬
deau," for their improvements or for their loss of stock, Ac. and it’
being the desire of the United States to indemnify the said Delawares

271

TREATY WITH THE SHAWNEE, ETC., 1832.

foi all losses and injuries by them sustained in consequence of such
removal, the following articles have been agreed upon by the contract¬
ing parties.

Article 1. The Delawares and Shawanoes late of Cape Girardeau
hereby cede and relinquish to the United States all their lands within
the State of Missouri, and also all claims which they may have against
the United States for loss of property and for improvements which
they have made up to the present time.

Article II. In consideration of the foregoing cession and relin¬
quishment, the United States agree to the following stipulations:
There shall be paid and delivered to said Delawares as soon as possible
after the ratification of this Treaty, horned cattle, hogs, and other
stock, to the amount of two thousand dollars.

For assistance in breaking up ground, and enclosing the same, one
thousand dollars.

For pay of a person to attend their mill for five years, and for
repairs of the same during the said period, two thousand five hundred
dollars.

For support of a school for three years, one thousand five hundred
dollars.

Article III. There shall be paid to the said Delawares on their
lands, in merchandise suited to their wants, at the St. Louis cost prices,
after the ratification of this treaty, the sum of five thousand dollars.
There shall also be paid them the further sum of twelve thousand dol¬
lars, to be placed, at the request of said Indians, in the hands of the
Superintendent of Indian affairs at St. Louis, to be by him applied to
the pajunent of debts which the said Delawares have acknowledged to
be due by their nation agreeably to a schedule presented in Council,
and which sum they wish paid to Menard & Vall6 of St. Genevieve, for
the benefit of William Gillis and William Marshall. — The sum of one
thousand dollars is also paid them in merchandise and cash, the receipt
of which latter sum (of one thousand dollars) is hereby acknowledged.

Article IV. To enable the Shawanoes who are parties to this Treaty,
to remove immediately all the bands of their Tribe who are settled in
the Territory of Arkansas, to the lands assigned their nation on the
Kanzas river, the United States will pay them on the signing of this
treaty, eight hundred dollars in cash, and four hundred dollars in cloth¬
ing and horses, the receipt of which sums, amounting to twelve hun¬
dred dollars, is hereby acknowledged. And when they shall have
removed to their lands, the further sum of five hundred dollars shall
be paid them towards the expenses of said removal. The United States
will moreover furnish the said Shawanoes with provisions on their
land for one year after their removal, which, together with the pre¬
ceding stipulations, will be considered in full of all their claims and
demands against the United States, of whatever nature.

Article V. This treaty to be obligatory on the contracting parties
when ratified by the President and Senate of the United States.

* # * * *

Castor Hill , St. Louis County , Mo. \
October 31st, 1832. j

By an understanding had between the undersigned Commissioners
on the part of the United States, and certain Chiefs of the Delaware
Nation hereinafter named, and which was agreed to after the signing of
the Treaty with said Tribe, it was stipulated by the said Chiefs and
agreed to by the Commissioners, that an annuity for life to Meshe
Kowhay, or Patterson, first Chief of the Delawares, Tah-whee-lalen,
or Ketchum, Captain of a band; and Natcoming, also Captain of a
band, should be paid to each of them by the United States, of one
hundred dollars.

Cession of land to
United States.

Stipulations on the
part of the United

Payment to Dela¬
wares.

Payment of claims
against Delawares.

Payments to Shaw-
nees.

When to take effect.

Annuities.

272

TREATY WITH POTAWATOMI, 1832.

Oct. 27, 1832.

7 Stat., 399.
Proclamation,
21, 1833.

Cession of land
United States.

Reservations.

TREATY WITH POTAWATOMI, 1832.

Articles of a Treaty , made and concluded on the Tippecanoe Ewer , in
the State of Indiana , on the twenty-seventh day of October , in the
year of our Lord eighteen hundred and thirty-two , between Jonathan
Jennings , John W. Davis and Marks Grume , Commissioners on the
part of the United Stales , and the Chief s and Warriors ofthe Poto-
watomies , of the State of Indiana and Michigan Territory.

t0 Article I. The Chiefs and Warriors aforesaid cede to the United
States, their title and interest to lands in the States of Indiana and Illi¬
nois, and in the Territory of Michigan, south of Grand river.

Article II. From the cession aforesaid, the following reservations
are made, (to wit:) The reservation at Po-ca-gan’s village for his band,
and a reservation for such of the P otow atomies as are resident at the
village of Notta-we-sipa, agreeably to the treaties of the nineteenth of
September, eighteen hundred and twenty-seven, and twentieth of
September, 1828.

For the band of Kin-Kash, four sections:

For O-ca-chee, one Section:

For the band Mes-qua-buck, four sections, to include his village:
For the band of Che-kase, four sections, to include his village:

For the band of Che-Chaw-kose ten sections, to include his village:
For the Potowatomies, two sections, to include their mills on Tippe¬
canoe river.

For the band of To-i-sas brother Me-mot-way, and Che-quam-ka-ko,
ten sections to include their village:

For the band of Ma-sac, four sections:

For the band of Ash-kum and Wee-si-o-nas, sixteen sections, to
include their village:

For the band of Wee-sau, live sections of land, including one sec¬
tion, granted to him by the Treaty of eighteen hundred and twenty-
eight, and to include his present residence:

For the bands of Mo-ta and Men-o-quet, four sections, each, to
include their villages:

For Be-si-ah, four sections.

Article III. The United States agree to grant to each of the follow¬
ing persons, the quantity of land annexed to their names, which lands
shall be conveyed to them by patent:

For Mon-i-taw-quah, daughter of Swa-gaw, one section, to include
Wi-me-gos village:

For Wee-saw, three sections:

For Po-quia, the sister of Jose, one section:

For Ben-ack, eight sections:

For Ursule Du-quin-dre, one section:

For Ge-neir, one section:

To To-pen-ne-bee, principal chief, one section:

To Poch-a-gan, second Chief, one section:

• To Pet-chi-co, two sections:

To Sau-gana, one section:

To Louis Barnett, one section:

To Mam-qua, daughter of Sau-ga-na, one section:

To Mish-a-wa, adopted daughter of Pit-e-chew, one section:

To Kesis Shadana, one section:

To Louis Chadana, one half section:

To Charles Chadana, one half section:

To John B. Chadana, one section:

To Pier Navarre’s wife, one section: •

To John B. Ducharm, one section:

TREATY WITH POTAWATOMI, 1832.

To Mie-saw-bee, one Quarter section:

To Baptiste L. Clare, one half section:

To Mary Lacombe’s children, one half section:

To Joseph Bertrand’s, jr. children, one half section jointly:

To Francis Page, jr. one half section:

To Alexander Rollane, a half blood, one half section:
.uT(^re'mo'sa1u’ (a.lias) Pa?ish> one section and one half section, on
the McCou, on the river Raison, in the Michigan Territory, which
was reserved to his use at St. J oseph’s treaty, of eighteen hundred and
twenty- eight:

To Mary Nedeau, one quarter section:

To Saw-grets, son of Pier Moran, one half section:

To Isadore Mo-menceand Wa-be-ga, sons of Pier Morans, one quar¬
ter section each:

To Poch-a-gan’s wife, one section:

To Pet-qua and Kee-see, sons of Ma-kee-sa-be, one half section:

To Pe-nem-chis, one half section:

To Neu-a-tau-naut, one half section:

To Francis de Jean, one section:

To Mary Ann Ben-ack, wife of Edward McCartney, three sections
of land, to be located on the south side of the Turkey creek prairie:
For Francis Besion, one half section:

For Miss-no-qui, a chieftess, four sections:

For Luther Rice, one quarter section:

For Med-lin Aucharm, one quarter section:

For Sheaupo Truckey, one section:

For Ju-be Actrois, one section:

For Ash-kum, two sections:

For Pee-pees-kah one section:

For Po-ka-kause, one half section:

For Nas-wau-kee, one section:

For Man-me-nass, one half section:

For Paul Longlois, one half section:

For Peter Longlois, junr., one half section:

For Shaw-bo-wah-tuck, one quarter section:

For Betsey Rousau, one quarter section:

For John Davis, one half section:

For Nancy Cicott, one quarter section:

For Amelia Cicott, one quarter section:

For Lazette Allen, one quarter section:

For Polly Griffith, daughter of Ne-bosh, two sections:

For Chop-y-tuck, or John Payne, one section:

For Joe Borisau, one quarter section:

For Quash-mau, one quarter section:

For Mas-co, one quarter section:

For Mis-sink-qu-quah, six sections:

For Aub-e-naub-bee, ten sections:

For Nee-kaw Dizzardee, one quarter section:

For Mog-see, one half section:

To Kaubee, one half section:

To old Ann Mac-i-to, one half section :

To old Wee-saw, one half section:

To Pe-te-no-on, one half section:

To Tou-se-qua, the wife of Joe Baily, one section:

To Au-taw-co-num, daughter of the Crane, one section:

To Sen-niss-quah and her daughter Nancy, two sections:

To James Burnett, one section:

To To-gah, a Potawatomie woman, one quarter section:

To Mary Ann Bruner, one quarter section.

S. Doc. 452 - 18

274

TREATY WITH POTAWATOMI, 1832.

The foregoing reservations shall be selected, under the direction of
the President of the United States, after the lands shall have been sur¬
veyed, and the boundaries to correspond with the public surveys.

ments^68 and pay' Article IV. In consideration of the aforesaid cession, the United
States will pay fifteen thousand dollars annually for twelve years;
Thirty-two thousand dollars, in goods, will be paid as soon after the
signing of these articles, as they can be procured, and ten thousand
dollars, in goods, will be paid next spring, at Notta-wa-si-pa, and to be
paid to that band, and pay their just debts, agreeably to a schedule
hereunto annexed, amounting to twenty thousand seven hundred and
twenty-one dollars.

, Tract tp be bought The section of land granted by the treaty of St. Joseph to To-pe-
y me a es. nau-koung, wife of Peter Longlois, shall be purchased by the United
States, if the same can be done for the sum of eight hundred dollars.

Education. The United States agree to appropriate, for the purpose of educat¬

ing Indian youths, the annual sum of two thousand dollars, as long as
the Congress of the United States may think proper, to be expended
as the President may direct.

takeeffect when to This treaty shall take effect and be obligatory on the contracting
parties, as soon as the same shall have been ratified, by the President
of the United States, by and with the advice and consent of the Senate.
* * * * *

Horses delivered. After the signing of this treaty, and at the request of the Indians,
two thousand seven hundred dollars were applied to the purchasing of
horses, which were purchased and delivered to the Indians under our
direction, leaving the sum to be paid in merchandise, at this time,
twenty-nine thousand three hundred dollars.

•»*•**#

claims to be paid. It is agreed on the part of the United States, that the following

claims shall be allowed, agreeable to the fourth article of the f oregoing
treaty, viz:

To Erasmus Winslow, three hundred dollars,

Squire Thompson, one hundred dollars,

L. Johnson, three hundred and seventy-five dollars,

Francis Comperret, two thousand four hundred and fifty dollars,
lea Rice, fifteen hundred dollars,

T. P. and J. J. Godfroy, two hundred and fifty dollars*

Joseph Smith, twenty-six dollars,

James Aveline, nine-eight dollars,

Edward Smith, forty-seven dollars,

Gustavus A. Everts, two hundred dollars,

Alexis Coquillard, five thousand one hundred dollars,

Lathrop M. Taylor, two thousand two hundred and eighty dollars,
Peter and J. J. Godfroy, three thousand five hundred dollars,

R. A. Forsyth, eighteen hundred dollars,

Louis Dupuis, forty dollars,

Timothy S. Smith, three hundred and ninety dollars,

W illiam Huff, one hundred dollars,

Thomas Jones, two hundred and seventy -five dollars,

Michael Cadieux, four hundred and ninety dollars,

Arthur Patterson, nine hundred dollars,

Samuel McGeorge, three hundred and fifty dollars,

D. H. Colerick, one hundred and fifty dollars,

James Conner, one thousand dollars.

275

TREATY WITH THE KASKASKIA, ETC., 1832.

Articles of cl treaty made and entered into at Castor Hill , in the county
of St. Louts in the State of Missouri, this twenty -seventh day of
October, one thousand eight hundred and thirty -two, between William
Clark, Frank J. Allen and Nathan Nouns, Commissioners on the
part of the United States, of the one part / and the Naskaskia and
Peoria tribes, which, . with the Michigamia, Cahokia a/nd Tamarois
bands, now united with the two first named tribes, formerly composed
the Illinois nation of Indians, of the other part.

Whereas, the Kaskaskia tribe of Indians and the bands aforesaid
united therewith, are desirous of uniting with the Peorias, (composed
as aforesaid) on lands west of the State of Missouri, they have there¬
fore for that purpose agreed with the commissioners aforesaid, upon
the following stipulations:

Article I. The Kaskaskia tribe of Indians and the several bands
united with them as aforesaid, in consideration of the stipulations
herein made on the part of the United States, do forever cede and
release to the United States the lands granted to them forever by the
first section of the treaty of Vincennes of 13th August 1803, reserving
however to Ellen Decoigne the daughter of their late Chief who has
married a white man, the tract of land of about three hundred and
fifty acres near the town of Kaskaskia, which was secured to said tribe
by the act of Congress of 3d March 1793.

Article II. The Kaskaskia tribe further relinquishes to the United
States the permanent annuity of one thousand dollars which they
receive under the third article of the aforesaid treaty, and their salt
annuity due by treaty of Fort Wayne of 7th June 1803.

Article III. The Peoria tribe and the bands aforesaid, united there¬
with, cede and relinquish to the United States, all their claims to land
heretofore reserved by, or assigned to them in former treaties, either
in the State of Illinois or Missouri.

Article IV. The United States cede to the combined tribes of Kas-
kaskias and Peorias, and the bands aforesaid united with them, one
hundred and fifty sections of land forever, or as long as they live upon
it as a tribe, to include the present Peoria village, west of the State of
Missouri, on the waters of Osage river, to be bounded as follows, to
wit: North by the lands assigned to the Shawanoes; west, by the west¬
ern line of the reservation made for the Piankeshaws, Weas, and Peo¬
rias; and east by lands assigned the Piankeshaws and Weas.

Article V. In consideration of the foregoing cessions and relin¬
quishments, the United [States] agree to pay to the said united Kas¬
kaskia and Peoria tribes (composed as aforesaid) an annuity of three
thousand dollars for ten successive years, to be paid on the lands
assigned them in common, either in money, merchandise, or domestic
stock, at their option; if in merchandise, to be delivered to them free
of transportation.

Article VI. And whereas, the said Peoria tribe, and the bands
united with them as aforesaid, assert in Council that they never under¬
stood the 5th article of the treaty of Edwardsville of 25th September
1825, as ceding to the United States their claims to lands in Missouri,
on which they had been settled for a length of time previous to that
treaty, and of which thejr had had possession for more than sixty
years, — and now demand an equivalent for those claims. The Commis¬
sioners with a view of quieting forever the said claims and all demands
of whatever nature which said Peoria tribe and the several bands united
therewith as aforesaid, have against the government or citizens of the
United States, agree to pay, viz:— To the Peorias in common with the
Kaskaskias, the sum of sixteen hundred dollars; to the Kaskaskias

Oct. 27, 1832.

7 Stat., 403.
Proclamation, Feb.
12, 1833.

Cession by Kaskas¬
kia. .

Reservation.

Annuity relin¬
quished.

Cession by Peoria.

Cession by the
United States.

Annuity.

Claims of Peoria to
lands in Missouri.

276

Relinquishment of
claims by Peoria, etc.

Treaty binding
when ratified.

Oct. 27, 1832.

7 Stat., 405.
Proclamation, Mar.
13, 1833.

Preamble.

TEEATY WITH THE MENOMINEE, 1832.

alone, for seven horses lost by them, and for salt annuities due to them
by the treaty of Fort Wayne aforesaid, three hundred and fifty dollars;
to the Peorias alone for improvements on the lands they moved from,
two hundred and fifty dollars; to the united Peorias and Kaskaskias^
there shall be paid and delivered on their land as soon as practicable
after the ratification of this treaty, cows and calves and other stock to
the amount of four hundred dollars, three iron bound carts, three yoke
of oxen, and six ploughs. There shall also be built for said tribes, four
log houses; — for breaking up ground and fencing the same, three hun¬
dred dollars; — for agricultural implements, iron, and steel, fifty dollars
per annum for four years. There shall also be paid to the said united
tribes, on the signing of this treaty, eight hundred dollars in goods
suited to their wants. Assistance shall also be given the Kaskaskias in
moving to their lands, and provisions for one year after their removal,
to the amount of one thousand dollars. It is understood that any stipu¬
lations in this or the preceding articles, for the benefit of the Peorias
or Kaskaskias separately, or united, shall embrace, in either case the
bands before mentioned, united with either, or both tribes, as the case
may be.

Article VII. In consideration of the stipulations contained in the
preceding articles, the Peoria and Kaskaskia tribes and the bands of
Michigamia, Cahokia and Tamarois Indians united with them, hereby
forever cede and relinquish to the United States, their claims to lands
within the States of Illinois and Missouri, and all other claims of what¬
soever nature which they have had or preferred against the United
States or the citizens thereof, up to the signing of this treaty.

Article VIII. This treaty after the same shall be ratified by the
President and Senate of the United States, shall be obligatory on the
contracting parties.

TREATY WITH THE MENOMINEE, 1832.

Whereas articles of agreement between the United States of Amer¬
ica, and the Menominee Indians, were made and concluded at the city
of Washington, on the eighth day of February A. D. one thousand
eight hundred and thirty-one, by John H. Eaton, and Samuel C.
Stambaugh, Commissioners on the part of the United States, and cer¬
tain Chiefs and Headmen of the Menominee Nation, on the part of said
nation; to which articles, an addition or supplemental article was
afterwards made, on the seventeenth day of February in the same year,
by which the said Menominee Nation agree to cede to the United States
certain parts of their land; and that a tract of country therein defined
shall be set apart for the New York Indians. All which with the many
other stipulations therein contained will more fully appear, by refer¬
ence to the same. Which said agreements thus forming a Treaty , were
laid before the Senate of the United States during their then session:
but were not at said session acted on by that body. Whereupon a
further agreement was on the fifteenth day of March, in the same
year, entered into for the purpose of preserving the provisions of the
treaty, made as aforesaid; by which it was stipulated that the said
articles of agreement, concluded as aforesaid, should be laid before
the next Senate of the United States, at their ensuing session; and if
sanctioned and confirmed by them, that each and every article thereof
should be as binding and obligatory upon the parties respectively, as
if they had been sanctioned at the previous session. And whereas the
Senate of the United States, by their resolution of the twenty-fifth
day of June, one thousand eight hundred and thirty -two, did advise
and consent to accept, ratify and confirm the same, 'and every clause
and article thereof upon the conditions expressed in the proviso, con¬
tained in their said resolution: which proviso is as follows: uPro-

TREATY WITH THE MENOMINEE, 1832.

vided that for the purpose of establishing the rights of the New York
Indians, on a permanent and just footing, the said treaty shall be rat¬
ified, with the express understanding that two townships of land on
the east side of Winnebago Lake, equal to forty-six thousand and
acres shall be laid off (to commence at some point to be agreed
on) for the use of the Stockbridge and Munsee tribes; and that the
improvements made on the lands now in the possession of the said
tribes on the east side of the Fox river, which said lands are to be
relinquished shall, after being valued by a commissioner to be appointed
by the President of the United States, be paid for by the Govern¬
ment: Provided, however, that the valuation of such improvements
shall not exceed the sum of twenty-five thousand dollars. And that
there shall be one township of land adjoining the foregoing, equal to
twenty-three thousand and forty acres laid off and granted for the use
of the Brothertown Indians, who are to be paid by the Government
the sum of one thousand six hundred dollars for the improvements on
lands now in their possession, on the east side of Fox river, and which
lands are to be relinquished by said Indians: also that a new line shall
be run, parallel to the southwestern boundary line or course of the
tract of five hundred thousand acres, described in the first article of
this treaty, and set apart for the New York Indians, to commence at
a point on the west side of the Fox river, and one mile above the
Grand Shute, on Fox river, and at a sufficient distance from the said
boundary line as established by the said first article, as shall compre¬
hend the additional quantity of two hundred thousand acres of land
on and along the west side of Fox river, without including any of the
confirmed private land claims on the Fox river; and which two
hundred thousand acres shall be a part of the five hundred thousand
acres, intended to be set apart for the Six Nations of the New York
Indians and the St. Regis tribe; and that an equal quantity to that
which is added to the southwestern side shall be taken off from the
northeastern side of the said tract described in that article, on the
Oconto creek, to be determined by a commissioner to be appointed by
the President of the United States; so that the whole number of acres
to be granted to the Six Nations, and St. Regis tribe of Indians, shall
not exceed the quantity originally stipulated by the treaty.” And
whereas, before the treaty aforesaid, conditionally ratified, according
to the proviso to the resolution of .the Senate, above recited, could be
obligatory upon the said Menominee nation, their assent to the same
must be had and obtained.

And whereas the honorable Lewis Cass, Secretary of the Department
of W ar, by his letter of instructions of the eleventh day of September,

A. D. 1832, did authorize and request George B. Porter, Governor of
the Territory of Michigan, to proceed to Green Bay, and endeavor to
procure the assent of the Menominees to the change proposed by the
Senate, as above set forth; urging the necessity of directing his first
efforts to an attempt to procure the unconditional assent of the Menomi¬
nees to the said treaty, as ratified by the Senate. But should he fail
in this object that he would then endeavor to procure their assent to the
best practicable terms, short of those proposed by the Senate; giving
them to understand that he merely received such proposition as they
might make, with a view to transmit it for the consideration of the
President and Senate of the United States. And if this course became
necessary that it would be very desirable that the New York Indians
should also signify their acceptance of the modifications required by the
Menominees.

And whereas, in pursuance of the said instructions the said George

B. Porter proceeded to Green Bay and having assembled all the chiefs
and headmen of the Menominee nation, in council, submitted to them,
on the twenty-second day of October A. D. one thousand eight hundred
and thirty-two, the said proviso annexed to the resolution aforesaid of

278

TREATY WITH THE MENOMINEE, 1832.

the Senate of the United States, for the ratification of the said treaty:
and advised and urged on them the propriety of giving their assent to
the same. And the said chiefs and headmen having taken time to delib¬
erate and reflect on the proposition so submitted to them, and which
they had been urged to assent to, did in the most positive and decided
manner, refuse to give their assent to the same. (The many reasons
assigned for this determination, by them, being reported in the journal of
the said commissioner, which will be transmitted with this agreement.)

And whereas after failing in the object last stated, the said George B.
Porter endeavored to procure the assent of the said chiefs and headmen
of the Menominee nation to the best practicable terms short of those
proposed by the Senate of the United States; and after much labor and
pains, entreaty and persuasion, the said Menominees consented to the
following, as the modifications which the}7 would make; and which are
reduced to writing, in the form of an agreement, as the best practicable
terms which could be obtained from them, short of those proposed by
the Senate of the United States, which they had previously positively
refused to accede to. And as the modifications so made and desired,
have been acceded to by the New York Indians, with a request that the
treaty thus modified might be ratified and approved by the President
objects. and the Senate of the United States, it is the anxious desire of the

Menominees also, that the treat}7, with these alterations may be ratified
and approved without delay, that they may receive the benefits and
advantage secured to them by the several stipulations of the said treaty,
of which they have so long been deprived.

The following is the article of agreement made between the said
George B. Porter, commissioner on the part of the United^ States,
specially appointed as aforesaid, and the said Menominee ‘ nation,
through their chiefs and headmen on the part of their nation.

Grant of land to the First. The said chiefs and headmen of the Menominee nation of
an°d^rothertOTraSin’ Indians do not object to any of the matters contained in the proviso
dians- annexed to the resolution of the Senate of the United States, so far as

the same relate to the granting of three townships of land on the east
side of Winnebago Lake, to the Stockbridge, Munsee and Brothertown
tribes; to the valuation and payment for their improvements, &c.
(ending with the words “ and which lands are to be relinquished by said
Indians”) They therefore assent to the same.

Second. The said chiefs and headmen of the Menominee nation of
Indians, objecting to all the matters contained in the said proviso
annexed to the resolution of the Senate of the United States, so far as
the same relate to the running of a new line parallel to the south¬
western boundary line or course of the tract of five hundred thousand
acres, described in the first article of the treaty, and set apart for the
New York Indians, to commence at a point on the southwestern side
of Fox river, and one mile above the Grand Shute, on Fox river, and
at a sufficient distance from the said boundary line, as established by
the said first article, as shall comprehend the additional quantity of two
hundred thousand acres of land, on and along the west side of the Fox
river, without including any of the confirmed private land claims, on
the Fox river, to compose a part of the five hundred thousand acres
intended to be set apart for the Six Nations of the New York Indians
and St. Regis tribe, agree in lieu of this proposition, to set off a like
cession of land for quantity of two hundred thousand acres as follows: The said Menom-
New York Indians. jnee nation hereby agree to cede for the benefit of the New York
Indians along the southwestern boundary line of the present five hun¬
dred thousand acres described in the first article of the treaty as set
apart for the New York Indians, a tract of land; bounded as follows.
Boundaries. Beginning on the said treaty line, at the old mill dam on Fox river,

and thence extending up along Fox river to the little Rapid Croche ;
from thence running a northwest course three miles; thence on a line

279

TREATY WITH THE MENOMINEE, 1832.

running parallel with the several courses of Fox river, and three miles
distant from the river, until it will intersect a line, running on a north¬
west course, commencing at a point one mile above the Grand Shute;
thence on a line running northwest, so far as will be necessary to
include, between the said last line and the line described as the south¬
western boundary line of the five hundred thousand acres in the treaty
aforesaid, the quantity of two hundred thousand acres; and thence
running northeast until it will intersect the line, forming the south¬
western boundary line aforesaid; and from thence along the said line
to the old mill dam, or place of beginning, containing two hundred
thousand acres. Excepting and reserving therefrom the privilege of Reservation.
Charles A. Grignon, for erecting a mill on Apple creek, &c., as
approved by the Department of War on the twenty-second day of
April one thousand eight hundred and thirty-one and all confirmed
private land claims on the Fox river. The lines of the said tract of
land so granted to be run, marked and laid off without delay, by a com¬
missioner to be appointed by the President of the United States.

And that in exchange for the above, a quantity of land equal to that
which is added to the southwestern side shall be taken off from the
northeastern side of the said tract, described in that article, on the'

Oconto creek, to be run, marked and determined by the commissioner
to be appointed by the President of the United States, as aforesaid, so
that the. whole number of acres to be granted to the Six Nations and
St. Regis tribe of Indians, shall not exceed the quantity of five hundred
thousand acres.

Third. The said chiefs and headmen of the Menominee nation agree, Treaty binding
that in case the said original treaty, made as aforesaid, and the sup- when ratifled-
plemental articles thereto, be ratified and confirmed at the ensuing
session of the Senate of the United States, with the modifications con¬
tained in this agreement, that each and ever}7 article thereof shall be
as binding and obligatory upon the parties respectively, as if they had
been sanctioned at the times originally agreed upon.

In consideration of the above voluntary sacrifices of their interest,
made by the said Menominee nation, and as evidence of the good feel¬
ing of their great father, the President of the United States,. the said
George B. Porter commissioner as aforesaid, has delivered to the said
chiefs, headmen, and the people of the said Menominee nation here
assembled, presents in clothing to the amount of one thousand dollars : Presents,
five hundred bushels of corn, ten barrels of pork, and ten barrels of
flour, &c. &c.

APPENDIX.

To all to whom these presents shall come^the undersigned , Chiefs and Oct. 27, 1832.

Headmen of the sundry tribes of New York Indians , {as set forth in 7stat, 409.

the specifications annexed to their signatures ,) send greeting:

Whereas a tedious, perplexing and harassing dispute and controversy
have long existed between the Menominee nation of Indians and the
New York Indians, more particularly known as the Stockbridge, Munsee
and Brothertown tribes, the Six Nations and St. Regis tribe. The
treaty made between the said Menominee nation, and the United States,
and the conditional ratification thereof by the Senate of the United
States, being stated and set forth in the within agreement, entered into
between the chiefs and headmen of the said Menominees, and George
B. Porter, Governor of Michigan, commissioner specially appointed,
with instructions referred to in the said agreement. And whereas the
undersigned are satisfied, and believe that the best efforts of the said
commissioner were directed and used to procure, if practicable, the

280

TREATY WITH THE P1ANKASHAW AND WEA, 1832.

Acceptance, on the
part of the tribes in¬
terested, of the modi¬
fications proposed hy
the Menominee.

Oct. 29, 1832.

7 Stat., 410.
Proclamation, Feb.
12, 1833.

Cession to United
States, etc.

Cession hy United
States.

Payments to Pian-
kashaw.

unconditional assent of the said Menominees to the change proposed
by the Senate of the United States in the ratification of the said treaty:
but without success. And whereas the undersigned further believe
that the terms stated in the within agreement are the best practicable
terms, short of those proposed by the Senate of the United States,
which could be obtained from the said Menominees; and being asked
to signify our acceptance of the modifications proposed as aforesaid by
the Menominees, we are compelled, by a sense of duty and propriety
to say that we do hereby accept of the same. So far as the tribes to
which we belong are concerned, we are perfectly satisfied, that the
treaty should be ratified on the terms proposed by the Menominees.
We further believe that the tract of land which the Menominees in the
within agreement, are willing to cede, in exchange for an equal quan¬
tity on the northeast side of the tract of five hundred thousand acres,
contains a sufficient quantity of good land, favorably and advanta¬
geously situated, to answer all the wants of the New York Indians, and
St. Regis tribe. For the purpose, then, of putting an end to strife,
and that we may all sit down in peace and harmony, we thus signify
our acceptance of the modifications proposed by the Menominees: and
we most respectfully request that the treaty as now modified by the
agreement this day entered into with the Menominees, may be ratified
and approved by the President and Senate of the United States.

TREATY WITH THE PIANKASHAW AND WEA, 1832.

■Articles of a treaty made and concluded at Castor Hill in the county of
St. Louis and State of Missouri , between William Clark, Frank J.
Mien, and Nathan Nouns , Commissioners on the part of the United
States , of the one part , and the undersigned Chiefs , Warriors and
Counsellors, of the Pkmkeshaw and Wea tribes of Indian s, in behalf
of their said tribes , of the other part.

Article I. The undersigned Chiefs, Warriors, and considerate men,
for themselves and their said tribes, for and in consideration of the
stipulations hereinafter made, do hereby cede and relinquish to the
United States forever, all their right, title and interest to and in lands
within the States of Missouri and Illinois — hereby confirming all
treaties heretofore made between their respective tribes and the United
States, and relinquishing to them all claim to every portion of their
lands which may have been ceded by any portion of their said tribes.

Article II. The United States cede to the Piankeshaw and Wea
tiibes, for their permanent residence, two hundred and fifty sections of
land within the limits of the survey of the lands set apart for the Pian¬
keshaws, Weas, and Peorias,- bounded east by the western boundary
line of the State of Missouri for fifteen miles; north, by the southern
boundary of the lands assigned to the Shawanoes; west by lands
assigned to the Peorias and Kaskaskias. and south by the southern line
of the original tract surveyed for the Piankeshaws, Weas and Peorias,—
said tract being intended to include the present villages of the said
Piankeshaws and Weas.

Article III, As a full equivalent to the said Piankeshaw tribe for
their claim for salt annuities, for improvements on the lands they
moved from within the State of Missouri, and for horses lost when
moving, the United States agree to pay them after the ratification of
this treaty, cattle, hogs, and such farming utensils as mav be required
by said tribe on their land, to the amount of five hundred dollars
annually, for five years;— the sum of seven hundred and fifty dollars
will also be expended in assistance to said tribe in agriculture, and

281

TREATY WITH THE SENECA AND SHAWNEE, 1832.

improvements on the land hereby ceded to them, together with the
sum of two hundred dollars in merchandise and cash paid at the
signing of this treaty, the receipt whereof is hereby acknowledged
by said tribe.

Article IY. As a full equivalent to the Wea tribe, for the improve¬
ments made by them on the lands of the United States which they
removed from, for horses lost in consequence of such removal, and for
all other claims which they have preferred, the United States agree to
pay them after the ratification of this treaty, cattle, hogs, and farming
utensils on their land to the amount of five hundred dollars, together
with two hundred dollars this day paid them in cash and merchandise,
the receipt of which is hereby acknowledged. The United States will
also afford some assistance to that part of the Wea tribe now residing
in the State of Indiana, to enable them to join the rest of their tribe
on the lands hereby assigned them, and will also furnish said portion
of the tribe with provisions for one year after their arrival.

Article Y . The United States will also support a blacksmith’s shop
for five years at a convenient place between the lands hereby ceded the
said Piankeshaws and W eas, and the lands assigned to the Kaskaskias
and Peorias; which shop is to be for the benefit of the said tribes of
Piankeshaws, Weas, Peorias, and Kaskaskias, in common.

Article Y I. This treaty to be obligatory on the contracting parties,
when ratified by the President and Senate of the United States.

TREATY WITH THE SENECA AND SHAWNEE, 1832.

Articles of agreement , made and concluded at the Seneca agency, on the
head waters of the Cowshin river , this 29th day of December, in the
year of our Lord one thousand eight hundred and thirty-two , by and
between Henry L. Ellsworth and John F. Scherrnerhorn , Commission¬
ers , on behalf of the United States , and the Chiefs and Headmen of
the ‘ 4 United Nation ” of the Senecas and Shawnee Indians , on behalf
of said Tribe or Nation .

Whereas certain articles of agreement and convention were con¬
cluded at Lewistown, Ohio, on the 20th day of July, A. D. 1831, by
and between the United States and the Chiefs and Warriors of the
mixed band of the Senecas and Shawnee Indians, residing at or near
Lewistown, in the State of Ohio: And whereas, by the 2nd article of
said agreement, the United States stipulated and agreed, with said
Tribe, in the words following, to wit: “to grant by patent, in fee
simple, to them, and their heirs forever, as long as the}7 shall exist
as a nation and remain on the same, a tract of land, to contain sixty
thousand acres, to be located under the direction of the President of
the UAited States, contiguous to the lands granted to the Senecas of
Sandusky, by the treaty made with them at the City of Washington,
on the 28th of February 1831, and the Cherokee settlements — the
east line of said tract shall be within two miles of the west line of the
lands granted to the Senecas of Sandusky ; and the south line shall be
within two miles of the north line of the lands held by the Cherokees —
and said two miles between the aforesaid lines, shall serve as a common
passway between the before-mentioned Tribes, to prevent them from
intruding upon the lands of each other.” And the treaty aforesaid
was ratified and confirmed by the President and Senate of the United
States, on the 6th day of April, A. D. 1832. And whereas, the said
mixed Band of Senecas and Shawnees removed from their homes in
Ohio to settle upon the lands assigned them west of the Mississippi, in
pursuance of the provisions and stipulations of the treaty aforesaid:
And whereas, the said Senecas from Sandusky, and the mixed Band

Payments to Wea.

Blacksmith’s shop..

Treaty binding
when ratified.

Dec. 29, 1832.

7 Stat., 411.
Proclamation, Mar.
22, 1833.

Preamble

282

TREATY WITH THE SENECAS AND SHAWNEE, 1832.

Cession to the United
States.

Grant to Indians.

Grist and saw mill,
etc.

Claims against the
United States.

Rights under exist¬
ing treaties.

Treaty binding wh en
ratified.

of Senecas and Shawnees, have lately formed a confederacy, and have
expressed their anxiety to unite as one Tribe or Nation, to be called
the “United Nation of Senecas and Shawnees,” to occupy their land
as tenants in common — and have the whole of the country provided
for them by the United States located on the east side of Ne-o-sho
or Grand river, which runs through and now divides the same: For
the purpose of affording a more convenient and satisfactory location to
said United Nation, the parties aforesaid do, therefore, hereby stipu¬
late and agree as follows:

Article I. The United Tribe of Senecas and Shawnee Indians do
hereby cede, relinquish and forever quit claim to the United States, all
the land granted to them on the west side of Ne-o-sho or Grand river,
by treaties made respectively with the Senecas of Sandusky and the
mixed Band of Senecas and Shawnees of Lewistown, Ohio, on the 20th
day of July, 1831, and on the 28th day of February, 1831.

Article II. In consideration of said lands, described and ceded as
aforesaid, the United States will grant, by letters patent, to the Tribe
or Nation of Indians aforesaid, in manner as hereinafter mentioned,
the following tract of land lying on the east side of Ne-o-sho or Grand
river, viz: bounded on the east by the west line of the State of Mis¬
souri; south by the present established line of the Cherokee Indians;
west by Ne-o-sho or Grand river; and north by a line running parallel
with said south line, and extending so far from the present north line
of the Seneca Indians from Sandusky, as to contain sixty thousand
acres, exclusive of the land now owned by said Seneca Indians, which
said boundaries include, however, all the land heretofore granted said
Senecas of Saudusk}’, on the east side of Grand river. And the United
States will grant said tract of land, by two letters patent; the north
half, in quantity, to be granted to the mixed band of the Senecas and
Shawnees of Ohio, and the south half to the Senecas from Sandusky,
aforesaid: the whole to be occupied in common, so long as the said
Tribes or Bands shall desire the same. The said patents shall be
granted in fee simple; but the lands shall not be sold or ceded without
the consent of the United States.

Article III. The United States, at the request of said “United
Nation,” agree to erect immediately a grist mill, a saw mill and a black¬
smith shop, and furnish the necessary tools and machinery in anticipa¬
tion of a re-imbursement from sales of land, ceded to the United States,
by the treaties aforesaid, of 28th of February, 1831, and July 20th,
1831, and so far in fulfilment of the same.

Article IV. The United Nation of Seneca and Shawnees having
presented a claim for money advanced by them for forage while remov¬
ing to their new homes in the west, and for horses and other propertv
lost on the journey, the United States, in order to a final settlement of
such claim, agree to pay one thousand dollars, as follows, viz: — six
hundred dollars to the Seneca tribe of Indians from Sandusky; and
the sum of four hundred dollars to the Senecas and Shawnees from
Lewistown, Ohio, to be distributed by their respective tribes among
the claimants, as they may deem just and equitable; and to be received
by them in full payment and satisfaction of all the claims aforesaid.

Article V. Nothing in these articles of agreement shall be construed
to affect the respective rights of the Seneca tribe of Indians from San¬
dusky. and the Senecas and Shawnees from Lewistown, Ohio, as
secured by existing treaties, except so far as said treaties are incon¬
sistent with the provisions of the articles aforesaid.

Article YI. This agreement or treaty shall be binding and obliga¬
tory upon the contracting parties from and after its ratification by the
President and Senate of the United States.

283

TREATY WITH THE WESTERN CHEROKEE, 1833.

Articles of agreement and convention made and concluded at Fort Gib- Feb- 14’ 1833-
son , on the Arkansas river on the fourteenth day of February one 7stat.,4i4.
thousand eight hundred and thirty-three, by and between Montfort i2Pir834lamation’ Apr’
Stokes, Henry L. Ellsworth and John F. Schermerhorn duly appointed
Commissioners on the part of the United States and the undersigned
Chief s a/nd Head-men of the Cherokee nation of Indians west of the
Mississippi, they being duly authorized a/nd empowered by their nation.

Whereas articles of convention were concluded at the city of Wash- Preamble,
ington, on the sixth day of May one thousand eight hundred and twenty-
eight, between James Barbour Secretary of War, being specially
authorized therefor by the President of the United States, and the
chiefs and head men of the Cheerokee nation of Indians west of the
Mississippi, which articles of convention were duly ratified. And
whereas it was agreed by the second article of said convention as fol¬
lows “That the United States agree to possess the Cheerokees, and to
guarantee it to them forever, and that guarantee is solemnly pledged,
of seven millions of acres of land, said land to be bounded as follows;
viz, commencing at a point on Arkansas river, where the eastern Choc¬
taw boundary line strikes said river, and running thence with the
western line of Arkansas Territory to the southwest corner of Missouri,
and thence with the western boundary line of Missouri till it crosses the
waters of Neasho, generally called Grand river, thence due west, to a
point from which a due south course will strike the present northwest
corner of Arkansas Territory, thence continuing due south on and with
the present boundary line on the west of said Territory, to the main
branch of Arkansas river, thence down said river to its junction with
the Canadian, and thence up, and between said rivers Arkansas and
Canadian to a point at which a line, running north and south, from river
to river, will give the aforesaid seven millions of acres, thus provided
for and bounded. The U nited States further guarantee to the Cherokee
nation a perpetual outlet west, and a free and unmolested use of all the
country lying west of the western boundary of the above-described
limits; and as far west, as the sovereignty of the United States and
their right of soil extend. And whereas there was to said articles of
convention and agreement, the following proviso viz. “Provided nev¬
ertheless, that said convention, shall not be so construed, as to extend
the northern boundary of said perpetual outlet west, provided for and
guarantied in the second article of said convention, north of the thirty-
sixth degree of north latitude, or so as to interfere with the lands assigned,
or to be assigned, west of the Mississippi river, to the Creek Indians
who have emigrated, or may emigrate, from the States of Georgia and
Alabama, under the provision of any treaty, or treaties, heretofore
concluded, between the United States, and the Creek tribe of Indians —
and provided further, that nothing in said convention, shall be con¬
strued, to cede, or assign, to the Cheerokees any lands heretofore ceded,
or assigned, to any tribe, or tribes of Indians, by any treaty now exist¬
ing and in force, with any such tribe or tribes.” — And whereas, it
appears from the Creek treaty, made with the United States, by the
Creek nation, dated twenty-fourth day of January eighteen hundred
and twenty -six, at the city of Washington; that they had the right to
select, and did select, a part of the country described within the bound¬
aries mentioned above in said Cherokee articles of agreement and
whereas, both the Cheerokee and Creek nations of Indians west of the
Mississippi, anxious to have their boundaries settled in an amicable
manner, have met each other in council, and, after full deliberation
mutually agreed upon the boundary lines between them Now there¬
fore, the United States on one part, and the chiefs and head-men of

284

TREATY WITH THE WESTERN CHEROKEE, 1833.

the Cherokee nation of Indians west of the Mississippi on the other
part, agree as follows:

Land granted to Article 1. The United States agree to possess the Cheerokees, and
to guarrantee it to them forever, and that guarrantee, is hereby pledged,
of seven millions of acres of land, to be bounded as follows viz:
Beginning at a point on the old western territorial line of Arkansas
Territory, being twenty-five miles north from the point, where the Ter¬
ritorial line crosses Arkansas river — thence running from said north
point, south, on the said Territorial line, to the place where said Terri¬
torial line crosses the Verdigris river — thence down said Verdigris river,
to the Arkansas river — thence down said Arkansas to a point, where a
stone is placed opposite to the east or lower bank of Grand river at its
junction with the Arkansas — thence running south, forty-four degrees
west, one mile — thence in a straight line to a point four miles northerly
from the mouth of the north fork of the Canadian — thence along the
said four miles line to the Canadian — thence down the Canadian to the
Arkansas — thence, down the Arkansas, to that point on the Arkansas,
where the eastern Choctaw boundary strikes, said river; and running
thence with the western line of Arkansas Territory as now defined, to
the southwest corner of Missouri — thence along the western Missouri
line, to the land assigned the Senecas; thence, on the south line
of the Senecas to Grand river; thence, up said Grand river, as far
. as the south line of the Osage reservation, extended if necessary —
thence up and between said south Osage line, extended west if neces¬
sary and a line drawn due west, from the point of beginning, to a cer¬
tain distance west, at which, a line running north and south, from said
Osage line, to said due west line, will make seven millions of acres

Further guaranty, within the whole described boundaries. In addition to the seven mil¬

lions of acres of land, thus provided for, and bounded, the United States,
further guarrantee to the Cheerokee nation, a perpetual outlet west and
a free and unmolested use of all the country lying west, of the western
boundary of said seven millions of acres, as far west as the sovereignty
of the United States and their right of soil extend — Provided how¬
ever, that if the saline, or salt plain, on the great western prairie, shall
fall within said limits prescribed for said outlet, the right is reserved
to the United States to permit other tribes of red men, to get salt on
said plain in common with the Cheerokees — and letters patent shall be
issued by the United States as soon as practicable for the land hereby
guarranteed.

Quitclaim to the Article II. The Cherokee nation hereby relinquish and quit claim
mm:tgTantates °f for" t° fhe United States all the right interest and title which the Cheero¬
kees have, or claim to have in and to all the land ceded, or claimed to
have been ceded to said Cheerokee nation by said treaty of sixth of
May one thousand eight hundred and twenty-eight, and not embraced
within the limits or boundaries fixed in this present supplementary
treaty or articles of convention and agreement.

sixth article of Article III. The Cherokee nation, having particularly requested
annuhed.May 6’ 1828, the United States to annul and cancel the sixth article of said treaty
of sixth May, one thousand eight hundred and twenty-eight, the
United States, agree to cancel the same, and the same is hereby an¬
nulled — Said sixth article referred to, is in the following words — “It
is moreover agreed by the United States, when the Cheerokees may
desire it, to give them a plain set of laws, suited to their condition —
also when they may wish to lay off their lands and own them individu¬
ally, a surveyor shall be sent to survey them at the expense of the
United States.

Blacksmiths and Article IV. In consideration of the establishment of new bounda-

other workmen, ma¬
terials and shops.

ries in part, for the lands ceded to said Cheerokee nation, and in view
of the improvement of said nation, the United States will cause to be
erected, on land now guaranteed to the said nation, four blacksmith

TREATY WITH THE CREEKS, 1833.

285

shops, one wagon maker shop, one wheelwright shop, and necessary
tools and implements furnished for the same; together with one ton
of iron, and two hundred and fifty pounds of steel, for each of said
blacksmith shops, to be worked up, for the benefit of the poorer class
of red men, belonging to the Cherokee nation— And the United States,
will employ four blacksmiths, one wagon-maker, and one wheelwright,
to work in said shops respectively, for the benefit of said Cheerokee
nation; and said materials shall be furnished annually and said serv¬
ices continued, so long as the President may deem proper — And said
United States, will cause to be erected on said lands, for the benefit of
said Cheerokees, eight patent railway corn mills, in lieu of the mills to
be erected according to the stipulation of the fourth article of said
treaty, of sixth of May, one thousand eight hundred twenty-eight,
from the avails of the sale of the old agency.

Article Y. These articles of agreement and convention are to be
considered supplementary, to the treaty before mentioned between the
United States, and the Cheerokee nation west of the Mississippi dated
sixth of May one thousand eight hundred and twenty-eight, and not
to vary the rights of the parties to said treaty, any further, than said
treaty is inconsistent with the provisions of this treaty, now con¬
cluded, or these articles of convention or agreement.

Article VI. It is further agreed by the Cheerokee nation, that one
mile square shall be reserved and set apart from the lands hereby
guaranteed, for the accommodation of the Cheerokee agency; and the
location of the same shall be designated by the Cheerokee nation, in
conjunction with the agent of the Government of the United States.

Article VII. This treaty, or articles of convention, after the same
have been ratified, by the President and Senate shall be obligatory on
the United States and said Cheerokee nation.

TREATY WITH THE CREEKS, 1833.

Articles of agreement and convention, made and concluded at Fort Gib¬
son , between Montfort Stokes, Henry L. Ellsworth and John F.
Schermerhorn, Commissioner's on the jpart of the United States , and
the undersigned Chiefs and Head-men of the Muskogee or Greek
nation of Indians, this llfth day of February, A. D. 1833.

Whereas, certain articles of a treaty were concluded at the City of
Washington, on the 24th day of January one thousand eight hundred
and twenty -six, by and between James Barbour, Secretary of War, on
behalf of the United States, and the Chiefs and head-men of the Creek
nation of Indians; by which it is agreed that the said Indians shall
remove to a country west of the Mississippi river: and whereas the
sixth article of said treaty provides as follows: — 4 4 that a deputation of
five persons shall be sent by them, (the Creek nation) at the expense
of the United States, immediately after the ratification of the treaty, to
examine the country west of the Mississippi, not within the limits of
the States or Territories, and not possessed by the Choctaws or Chero-
kees. And the United States agree to purchase for them, if the same
can conveniently be done upon reasonable terms, wherever they may
select, a country, whose extent shall in the opinion of the President, be
proportioned to their numbers. And if such purchase can not be thus
made, it is then agreed that the selection shall be made where the Presi¬
dent may think proper, just reference being had to the wishes of the
emigrating party. ” And whereas, the Creek Indians aforesaid, did
send five persons as delegates, to explore the country pointed out to
them by their treaty; which delegates selected a country west o± the

This supplementary
to a former treaty.

One mile square for
the agency.

Treaty binding
when ratified.

Feb. 14, 1833.

7 Stat., 417.
Proclamation, Apr.
12, 1834.

Preamble.

286

TREATY WITH THE CREEKS, 1833.

Difficulties
quent to f o :
treaty.

Objects.

Territory of Arkansas, lying and being along and between the Verdi¬
gris, Arkansas, and Canadian rivers: and to the country thus selected, a
party of the Creek Indians emigrated the following year. And whereas
certain articles of treaty or convention, were concluded at the city of
Washington on the 6th day of May, A. D. one thousand eight hundred
and twenty-eight, by and between James Barbour Secretary of War,
on behalf of the United States, and certain chiefs and head-men of the
Cherokee nation of Indians; by the second article of which convention,
a country was assigned to the Cherokee Indians aforesaid, including
within its boundaries some of the lands previously selected and claimed
by the Creek Indians, under their treaty aforesaid. And whereas, the
President and Senate of the United States, for the purpose of protect¬
ing the rights secured to the Creek Indians, by their treaty stipulations,
and with a view to prevent eollison and misunderstanding between the
two nations, ratified and confirmed the Cherokee treaty, on the 28th
day of May, 1828, with the following proviso: viz .—“Provided, never¬
theless, that the said convention shall not be so construed as to extend
the northern boundary of the perpetual outlet west, provided for and
guarranteed in the second article of said convention, north of the 36th
deg. of north latitude, or so as to interfere with the lands assigned, or
to be assigned, west of the Mississippi river to the Creek Indians, who
have emigrated or may emigrate from the States of Georgia and Ala¬
bama, under the provisions of any treaty or treaties heretofore con¬
cluded between the United States and the Creek tribe of Indians: And
provided further, that nothing in the said convention shall be construed
to cede or assign to theCherokeesany lands heretofore ceded or assigned
to any tribe or tribes of Indians, by any treaty now existing and in force,
with any such tribe or tribes.” And whereas the said proviso and rati¬
fication of the Cherokee treaty, was accepted by the delegates of the
nation, then at the City of Washington as satisfactory to them, as is
shown in and by their certain instrument in writing, bearing date the
31st day of May 1828, appended to and published with their treaty
aforesaid. But, afterwards, the Cherokees of Arkansas and many of
those residing east of the Mississippi at the time that treaty was con¬
cluded, removed to the country described in the second article of their
treaty and settled upon a certain portion of the land claimed by the
Creek Indians under their treaty provisions and stipulations. And
subse- whereas difficulties and dissensions thus arose between the Cherokees
m e r and Creek tribes about their boundary lines, which occasioned an appeal
to the President of the United States for his interposition, and final
settlement of the question, which they were unable to settle between
themselves. And whereas the commissioners of the United States,
whose names are signed hereto, in pursuance of the power and authority
vested in them by the President of the United States, met the chiefs
and head-men of the Cherokee and Creek nations of Indians, in council,
on the 29th ultimo; and after a full and patient hearing and careful
examination of all the claims, set up and brought forward by both the
contending parties, they have this day effected an adjustment of all
their difficulties, and have succeeded in defining and establising bound¬
ary lines to their country west of the Mississippi, which have been
acknowledged, in open council, this day, to be mutually satisfactory
to both nations.

Now, therefore, for the purpose of securing the great objects con¬
templated by an amicable settlement of the difficulties heretofore
existing between the Cherokee and Muskogee or Creek Indians, so
injurious to both parties; and in order to establish boundary lines
which will secure a country and permanent home to the whole Creek
nation of Indians, including the Seminole nation who are anxious to
join them, the undersigned commissioners, duly authorized to act on
behalf of the United States, and the chiefs and head-men of the said
Muskogee or Creek Indians, having full power and authority to act

287

TREATY WITH THE CREEKS, 1833.

for their people west of the Mississippi, hereby agree to the following
articles !

Art. 1. The Muskogee or Creek nation of Indians, west of the Mis¬
sissippi declare themselves to be the friends and allies of the United
States, under whose parental care and protection they desire to con¬
tinue. and that they are anxious to live in peace and friendship not
only with their near neighbors and brothers, the Cherokees, but with
all the surrounding tribes of Indians.

Art. II. The United States hereby agree, by and with the consent
of the Creek and Cherokee delegates, this day obtained, that the Mus¬
kogee or Creek country west of the Mississippi, shall be embraced
within the following boundaries, viz:— Beginning at the mouth of the
north fork of the Canadian river, and run northerly four miles —
thence running a straight line so as to meet a line drawn from the
south bank of the Arkansas river opposite to the east or lower bank
of Grand river, at its junction with the Arkansas, and which runs a
course south, 44 deg. west, one mile, to a post placed in the ground —
thence along said line to the Arkansas, and up the same and'the Ver¬
digris river, to where the old territorial line crosses it— thence along
said line north to a point twenty-five miles from the Arkansas river
where the old territorial line crosses the same— thence running a line
at right angles with the territorial line aforesaid, or west, to the
Mexico line — thence along the said line southerly to the Canadian
river or to the boundary of the Choctaw country— thence down said
river to the place of beginning. The lines, hereby defining the coun¬
try of the Muskogee Indians on the north and east, bound the country
of the Cherokees along these courses, as settled by the treaty con¬
cluded this day between the United States and that tribe.

Art. III. The United States will grant a patent, in fee simple, to the
Creek nation of Indians for the land assigned said nation by this treaty
or convention, whenever the same shall have been ratified by the Presi¬
dent and Senate of the United States — and the right thus guaranteed
by the United States shall be continued to said tribe of Indians, so long
as they shall exist as a nation, and continue to occupy the country
hereby assigned them.

Art. IV. It is hereby mutually understood and agreed between the
parties to this treaty, that the land assigned to the Muskogee Indians,
by the second article thereof, shall be taken and considered the property
of the whole Muskogee or Creek nation, as well of those now residing
upon the land, as the great body of said nation who still remain on the
east side of the Mississippi: and it is also understood and agreed that
the Seminole Indians of Florida, whose removal to this country is pro¬
vided for by their treaty with the U. S. dated May 9th, 1832, shall also
have a permanent and comfortable home on the lands hereby set apart
as the country of the Creek nation: and they (the Seminoles) will here¬
after be considered a constituent part of said nation, but are to be located
on some part of the Creek country by themselves — which location will
be selected for them by the commissioners who have signed these arti¬
cles of agreement or convention.

Art. 5. As an evidence of the kind feeling of the United States
towards the Muskogee Indians, and as a testimonial of the [their] grati¬
fication with the present amicable and satisfactory adjustment of their
difficulties with the Cherokees, experienced by the commissioners, they
agree on behalf of the United States, to furnish to the Creek Indians
west of the Mississippi, one blacksmith and one wheelwright or wagon-
maker, as soon as they may be required by the nation, in addition to
those already employed — also, to erect shops and furnish tools for the
same, and supply the smith shops with one ton of iron and two hundred
and fifty pounds of steel each; and allow the said Creek Indians, annu¬
ally, for education purposes, the sum of one thousand dollars, to be

Peace and friend¬
ship.

Bounds of the
grants to the Creeks.

United States will
convey in fee simple.

The whole. Creek
nation and the Semi¬
noles interested.

Additional black¬
smith, etc., to be fur¬
nished by United
States.

288

TREATY WITH THE OTTAWA, 1833.

Improvements left
to be paid for.

Friendly Indians
may use the salt
plains.

The land granted in
lieu of former grant.

Treaty binding
when ratified.

expended under the direction of the President of the United States —
the whole of the above grants to be continued so long as the President
may consider them conducive to the interest and welfare of the Creek
Indians: And the United States will also cause to be erected, as soon
as conveniently can be done, four patent railway mills, for grinding
corn; and will immediately purchase for them twenty-four cross-cut
saws. It being distinctly" understood, however, that the grants thus
made to the Creek Indians, by this article, are intended solely for the
use and benefit of that portion of the Creek nation, who are now settled
west of the Mississippi.

Art. VI. The United States agree that the improvements which the
Creek Indians may be required to leave, in consequence of the boundary
lines this day settled between their people and the Cherokees, shall be
valued with as little delay as possible, and a fair and reasonable price
paid for the same by the United States.

Art. VII. It is hereby agreed by the Creek nation, parties hereto,
that if the saline or salt plains on the great western prairies, should
come within the boundaries defined by this agreement, as the country
of the Creek nation, then, and in that case the President of the United
States, shall have the power to permit all other friendly Indian tribes to
visit said salt plains and procure thereon and carry away salt sufficient
for their subsistence, without hindrance or molestation from the said
Creek Indians.

Art. VIII. It is agreed by the parties to this convention, that the
country hereby provided for the Creek Indians, shall be taken in lieu
of and considered to he the country provided or intended to be pro¬
vided, by the treaty made between the United States and the Creek
nation on the 24th day of January, 1826, under which thejr removed
to this country.

* Art. IX. This agreement shall be binding and obligatory upon the
contracting parties, as soon as the same shall be ratified and confirmed
by the President and Senate of the United States.

TREATY WITH THE OTTAWA, 1833.

Feb. 18, 1833.

7 Stat., 420.
Proclamation, Mar.
22,1833.

Articles of a treaty made at Maumee in the State of Ohio , on the eight¬
eenth dang of February in the year of our Lord one thousand eight
hundred and thirty-three , between George B. Porter , Commissioner
on the part of the United States , of the one part; and the under¬
signed Chiefs and Headmen of the Band of Ottawa Indians, resid¬
ing on the Indian Reserves, on the Miami of Lake Erie , and in the
vicinity thereof, representing the whole of said band, of the other
part :

preamble. Whereas, by the twentieth article of the treaty concluded at the

foot of the Rapids of the Miami of Lake Erie, on the twenty-ninth
day of September A. D. 1817, it is provided as follows: “The United
States also agree to grant, by patent, to the Chiefs of the Ottawa
tribe of Indians for the use of the said tribe, a tract of land, to con¬
tain thirty -four square miles, to be laid out as nearly in a square form
as practicable, not interfering with the lines of the tracts reserved by
the treaty of Greenville, on the south side of the Miami River of
Lake Erie, and to include Tush-que-gan, or McCarty’s village; which
tracts, thus granted, shall be held by the said tribe, upon the usual
conditions of Indian reservations, as though no patent were issued.”
And whereas by the sixth article of the treaty concluded at Detroit,
jec s‘ on the seventeenth day of November A. D. 1807, it is provided, for

the accommodation of the Indians named in the treaty, that certain
tracts of land, within the cession then made, should be reserved to
the said Indian nations, among which is a reservation described as

TREATY WITH THE OTTAWA, 1833.

289

follows: — “Four miles square on the Miami Bay, including the villages
where Meskeman and Waugan now live,'5 which reservation was
expressly made for the Ottawa tribe. By virtue of which stipulations
and reservations the said Band of Ottawas are now in the occupancy
and enjoyment of the two tracts of land therein described;— and for
the consideration hereinafter stated, have agreed to cede the same to
the United States; and bind themselves to each and all of the articles,
and conditions which follow:

Article I. The said Ottawa Band cede to the United States all their cession to the unit-
land on each or either side of the Miami River of Lake Erie, or on the edstates-
Miami Bay, being all the lands mentioned or intended to be included
in the two reservations aforesaid, or to which they have any claim.

No claims to be made for improvements.

Article II. It is agreed that out of the lands hereby ceded, the f ol- Reservations,
lowing reservations shall be made: and that patents for each tract shall
be granted by the United States to the individuals respectively and
their heirs for the quantity hereby assigned to each, that is to say: — A
tract of fifteen hundred and twenty acres shall be laid off at the mouth
of the River, on the south side thereof, and to be so surveyed as to
accommodate the following persons, for whose use respectively, each
tract hereinafter described is reserved, viz: three hundred and twenty
acres for Au-to-kee, a Chief, at the mouth of the river, to include
Presque Isle: — eight hundred acres for Jacques, Robert, Peter,

Antoine, Francis and Alexis Navarre, to include their present im¬
provements: — one hundred and sixty acres for Way-say-on, the son
of Tush-qua-guan, to include his father’s old cabin: — the remaining
two hundred and forty acres to be set off in the rear of these two sec¬
tions: — eighty acres thereof for Pe-tau, and if practicable to include
her cabin and field: — eighty acres more thereof for Che-no, a Chief,
above, or higher up the little creek, and the other eighty acres thereof,
for Joseph Le Cavalier Ranjard, in trust for himself, and the legal
representatives of Albert Ranjard, deceased. Also, the following
tracts on the north side of said river: — one hundred and sixty acres
for Wau-sa-on-o-quet, a Chief, to include the improvement where he
now lives on Pike creek, and to front on the Bay: — eighty acres for
Leon Guoin and his children, adjoining the last and on the south side
thereof: — one hundred and sixty acres for Aush-cush and Ke-tuck-kee,

Chiefs, to be laid off on the north side of Ottawa creek, fronting on
the same, and above the place where the said Aush-cush now lives.

One hundred and sixty acres for Robert A. Forsyth of Maumee, to be

laid off on each side of the turnpike road where half-way creek crosses

the same: and one hundred and sixty acres, fronting on the Maumee

River, to include the place where Ke-ne-wau-ba formerly resided:—

one hundred and sixty acres for John E. Hunt, fronting on the said

river, immediately above and adjoining the last; and also one hundred

and sixty acres, to adjoin the former tract, on the turnpike road. The

said tracts to be surveyed and set off, under the direction of the Presi- surveys.

dent of the United States.

The said Au-to-kee, Wa-say-on, Pe-tau-che-no, Wau-sa-on-o-quet,

Aush-cush, and Ke-tuck-kee, being Indians, the lands hereby reserved
for them, are not to be alienated without the approbation of the Presi¬
dent of the United States.

The said Leon Guoin has resided, for a long time among these
Indians;— has subsisted them when they would otherwise have suffered,
and the}r are greatly attached to him. They request that the grant be
to him and his present wife, during their joint lives, and the life of
the survivor, and to their children in fee.

The said Jacques, Robert, Peter, Antoine, Francis and Alexis
Navarre have long resided among these Indians intermanied with
them, and been valuable friends.

S. Doc. 452 - 19

290

TREATY WITH THE SEMINOLE INDIANS, 1833.

The said Albert Ranjard, deceased, had purchased land of them pre¬
vious to the late war, upon which, before he died, he had paid them
three hundred dollars, for which his family have never received any
equivalent.

The reservations to the said Robert A. Forsyth and John E. Hunt,
being at the especial request of the said band, in consideration of their
long residence among them, and the many acts of kindness they have
extended to them.

consideration. Article III. In consideration of which it is agreed that the United

States shall pay to the said band of Indians the sum of twenty-nine
thousand four hundred and forty dollars, to be, by direction of the
said band, applied in extinguishment of their debts, in manner follow¬
ing: that is to say, to John Hollister and Company, seven thousand
three hundred and sixty-five dollars, which includes other claims,
directed by the said Indians to be by him paid, amounting to thirteen
hundred and nine-five dollars, as per schedule A. herewith: — To John
E. Hunt, nine thousand nine hundred and twenty-nine dollars, which
includes other claims, directed by the said Indians to be by him paid,
amounting to two thousand six hundred and seventy -five dollars, and
sixty-three cents, as per schedule B. herewith: — To Robert A. Forsyth
of Maumee, ten thousand eight hundred and ninety dollars, which
includes other claims directed by the said Indians to be by him paid,
amounting to four thousand four hundred and ten dollars, as per
schedule C. herewith. — To Louis Beaufit seven hundred dollars. To
Pierre Menard four hundred dollars. To John King, one hundred
dollars. To Louis King fifty-six dollars, (a)

:OT^Ta°nds Sd ians Within six months after payment by the United States, of the said
consideration money the said Indians agree to remove from all the
lands herein ceded. And it is expressly understood that in the mean¬
time no interruption shall be offered to the survey of the same by the
United States.

claims- And whereas the said Band have represented to the said Commis¬

sioner that under the treaty, as interpreted to them, entered into with
John B. Gardiner, Commissioner on the part of the United States, on
the 30th day of August, 1831, for the cession of a part of their lands,
there is due to them, jointly with that portion of the tribe that has
emigrated, eighteen thousand dollars, and for which they have made
claim: whenever this deficiency shall be paid, it is agreed that out of
said fund there shall be paid to Joseph Leronger in full satisfaction
of all his claim, four hundred dollars; and to Pierre Menard in like
satisfaction, sixteen hundred dollars; to Gabriel Godfroy, junior, in
like satisfaction, two hundred dollars, to Waubee’s daughter Nau-
quesh-kum-o-qua, fifty dollars; to Charles Leway or Nau-way-nes,
fifty dollars; to Dr. Horatio Conant, two hundred dollars in full satis¬
faction of all his claim; to Joseph F. Marsac, fifty dollars.

£a2tified binding This treaty, after the same shall have been ratified by the President
and Senate of the United States, shall be binding on the contracting
parties.

Mar. 28, 1833. TREATY WITH THE SEMINOLE INDIANS, 1833.

7 Stat.,423.

i2Pi8034lamation’ Apr‘ Whereas, the Seminole Indians of Florida, entered into certain
Preamble, articles of agreement, with James Gadson, [Gadsden,] Commissioner

on behalf of the United States, at Payne’s landing, on the 9th day of
May, 1832: the first article of which treaty or agreement provides, as
follows: “The Seminoles Indians relinquish to the United States all
claim to the land they at present occupy in the Territory of Florida,
and agree to emigrate to the country assigned to the Creeks, west of

(a) These schedules are not on file at Washington;

TREATY WITH THE QUAPAW, 1833.

291

the Mississippi river; it being understood that an additional extent of
territory proportioned to their number will be added to the Creek
country, and that the Seminoles will be received as a constituent part
of the Creek nation, and be re-admitted to all the privileges as mem¬
bers ot the same. And whereas, the said agreement also stipulates
and provides, that a delegation of Seminoles should be sent at the
expense of the United States to examine the country to be allotted
them among the Creeks, and should this delegation be satisfied with the
chaiacter of the country and of the favorable disposition of the Creeks
to unite with them as one people, then the aforementioned treaty would
be considered binding and obligatory upon the parties. And whereas
a treaty was made between the United States and the Creek Indians Treaty with the
west of the Mississippi, at Fort Gibson, on the 14th day of February Creek of Feb-14’1833-
1833, by which a county was provided for the Seminoles in pursuance
ot the existing arrangements between the United States and that tribe.

And whereas, the special delegation, appointed by the Seminoles on
the 9th day of May 1832, have since examined the land designated for
them by the undersigned Commissioners, on behalf of the United
States, and have expressed themselves satisfied with the same, in and
by their letter dated, March 1833, addressed to the undersigned
Commissioners.

Now, therefore, the Commissioners aforesaid, by virtue of the power commissioners des¬
and authority vested in them by the treaty made with Creek Indians &aS0iand for the
on the 14th of February 1833, as above stated, hereby designate and
assign to the Seminole tribe of Indians, for their separate future resi¬
dence, forever, a tract of country lying between the Canadian river and
the north fork thereof, and extending west to where a line running
north and south between the main Canadian and north branch, will
strike the forks of Little river, provided said west line does not extend
more than twenty-five miles west from the mouth of said Little river.

And the undersigned Seminole chiefs, delegated as aforesaid, on behalf
of their nation hereby declare themselves well satisfied with the loca¬
tion provided for them by the Commissioners, and agree that their
nation shall commence the removal to their new home, as soon as the
Government will make arrangements for their emigration, satisfactory
to the Seminole nation.

And whereas, the said Seminoles have expressed high confidence in Maiort Pfcagan to
the friendship and ability of their present agent, Major Phagen, and of indfana remova
desire that he may be permitted to remove them to their new homes
west of the Mississippi; the Commissioners have considered their
request, and cheerfully recommend Major Phagan as a suitable person
to be employed to remove the Seminoles as aforesaid, and trust his
appointment will be made, not only to gratify the wishes of the Indians
but as conducive to the public welfare.

TREATY WITH THE QUAPAW, 1833.

Articles of agreement or a treaty between the United States and the May 13, 1833.
Qua/paw Indians entered into by John F. Schermerhorn * commissioner £ stat., 424.
of Indian affairs west on thepa/rt of the United States and the chiefs i2Pi834amatlon’ Apr'
and warriors of the Qua/paw Indians.

Whereas, by the treaty between the United States and the Quapaw Preamble.
Indians, concluded November 15th, 1824, they ceded to the United
States all their lands in the Territory of Arkansas, and according to
which they were a to be concentrated cmd confined to a district of coun¬
try inhabited by the Caddo Indians and form apart of said tribe fi and
whereas they did remove according to the stipulations of said treaty,
and settled on the Bayou Treache on the south side of Red River, on

292

TREATY WITH THE QUAPAW, 1833.

a tract of land given them by the Caddo Indians, but which was found
subject to frequent inundations on account of the raft on Red River,
and where their crops were destroyed by the water year after year,
and which also proved to be a very sickly country and where in a short
time, nearly one-fourth of their people died, and whereas they could
obtain no other situation from the Caddoes and they refused to incor¬
porate them and receive them as a constituent part of their tribe as
contemplated by their treaty with the United States, and as they saw
no alternative but to perish if they continued there, or to return to
their old residence on the Arkansas, they therefore chose the latter;
and whereas they now find themselves very unhappily situated in con¬
sequence of having their little improvements taken from them by the
settlers of the country; and being anxious to secure a permanent and
peaceable home the following articles or treaty are agreed upon
between the United States and the Quapaw Indians by John F. Scher-

merhorn - commissioners of Indian affairs west and the

chiefs and warriors of said Quapaw Indians this (13th) thirteenth day
of May 1883. —

Lands formerly Artiole I. The Quapaw Indians hereby relinquish and convey to
united state™ e to the United States all their right and title to the lands given them by
the Caddo Indians on the Bayou Treache of Red River. —

other lands granted Art. II. The United States hereby agree to convey to the Quapaw
by united states. Indians one hundred and fifty sections of land west of the State line of
Missouri and between the lands of the Senecas andShawnees, not here¬
tofore assigned to any other tribe of Indians, the same to be selected
and assigned by the commissioners of Indian affairs west, and which is
expressly designed to be [in] lieu of their location on Red River and
to carry into effect the treaty of 1824, in order to provide a permanent
home for their nation; the United States agree to convey the same
by patent, to them and their descendants as long as they shall exist as
a nation or continue to reside thereon, and they also agree to protect
them in their new residence, against all interruption or disturbance
from any other tribe or nation of Indians or from any other person or
persons whatever.

Expenses of re- Art. III. Whereas it is the policy of the United States in all their
movai, etc. intercourse with the Indians to treat them liberally as well as justly, and

to endeavour to promote their civilization and prosperity ; it is further
agreed that in consideration of the important and extensive cessions of
lands made by the Quapaws to the United States and in view of their
present impoverished and wretched condition, they shall be removed to
their new homes at the expense of the United States and that they will
supply them with one year’s provision from the time of their removal,
which shall be as soon as they receive notice of the ratification of this
treaty by the President and Senate of the United States. The United
States will also furnish and deliver to them, after their arrival at their
new homes, one hundred cows, one hundred breeding hogs, one hun¬
dred sheep, ten yoke of working cattle, twenty-five ploughs, one hun¬
dred axes, one hundred hoes, four ox carts, and one wagon, with all
their necessary rigging, twenty iron hand corn-mills, tools of different
descriptions to the amount oUtwo hundred dollars, also looms, wheels,
reels and wool-cards to the amount of two hundred dollars, one hundred
blankets, fifty rifles, and five shot guns all with flint locks, ten kegs of
powder, and six hundred pounds of lead; The United States agree to
provide a farmer to reside with them and to aid and instruct them in
their agricultural pursuits and a blacksmith to do their necessary work,
with a shop and tools and iron and steel not exceeding one ton per year.
The United States also agree to appropriate one thousand dollars per
year for education purposes to be expended under the direction of the
President of the United States; the farmer and blacksmith and the
above appropriation for education purposes to be continued only as
long as the President of the United States deems necessary for the best
interests of the Indians.

TREATY WITH THE APPALAOHICOLA BAND, 1833.

293

Art. I\ In is hereby mutually agreed upon between the parties re-
pecti\ ely to this treaty , that in lieu of and in full consideration of their
present annuities perpetual and limited, the United States will pay the
debts of the Quapaw Indians according to the annexed schedule to the
amount of tour thousand one hundred and eighty dollars provided they
can be discharged in full for that amount. They will also expend to
the amount of one thousand dollars in hiring suitable labourers to build
and aid them in erecting comfortable cabins and houses to live in; and
also that they will pay them annually two thousand dollars for twenty
} eaib fiom the ratification of this treaty, and that out of said annuity
there shall be allowed to their four principal chiefs, Hackatton, Sarassan,
Tonnonjinka and Kaheketteda, and to their successors each, in addi¬
tion to their distributive share of said annuity, the sum of fifty dollars
per year.

Art. V . It is hereby agreed, and expressly understood, that this
treaty is only supplementary to the treaty of 1824, and designed to
carry into effect the views of the United States in providing a perma¬
nent and comfortable home for the Quapaw Indians; and also that all
the stock and articles furnished the Indians by the United States as
expressed in the fourth article shall be under the care and direction of
the agent and farmer of said tribe, to see that the same is not squan¬
dered or sold, or any of the stock slain by the Indians, until such time
as the natural increase of the stock will warrant the same to be done
without destroying the whole, and thus defeating the benevolent views
of the Government in making this provision for them.

Art. VI. The United States also agrees to employ an interpreter to
accompany them on their removal and the same to continue with them
during the pleasure of the President of the United States — The above
treaty shall be binding on the United States whenever ratified and
approved by the President and Senate of the United States. —

Other allowances.

Stock, etc., granted,
to be under the care
of the agent.

Interpreter to ac¬
company the Indians

The amount due from the Quapaw tribe of Indians to the following named persons —

Frederic Notrabe . $567 00

Joseph Dardene . 300 00

Ignace Bogy . 170 00

Alexander Dickerson . 28 00

William Montgomery . 350 00

Joseph Bonne . - 30 00

Joseph Duchasin . 30 00

Baptiste Bonne . 20 00

Antoine Barraque . - . 2, 235 00

George W. Boyer . 50 00

Weylon King . 400 00

$4, 180 00

TREATY WITH THE APPALACHICOLA BAND, 1833.

7 Stat., 427.
Proclamation Apr.

The undersigned Chiefs for and in behalf of themselves, and War- Relinquishment by
riors voluntarily relinquish all the privileges to which they are entitled reserved by the treaty
as parties to a treaty concluded at Camp Moultrie on the 18th of Sep- of SePt- 18> 1823-
tember 1823, and surrender to the United States all their right, title and
interest to a reservation of land made for their benefit in the additional
article of the said Treaty and which is described in the said article as
commencing “on the Appalachicola, at a point to include Yellow Hare’s
improvements, thence up said river four miles; thence, west, one mile;
thence southerly to a point one mile west of the beginning; and thence,
east, to the beginning point.”

Article II. For, and in consideration of said cession the U. States otheHand^granted
agree to grant, and to convey in three (3) years by patent to Mulatto etc.

294

TEEATY WITH THE APPALACHICOLA BAND, 1833.

Annuity continued,
etc.

Provision in case of
future removal.

June 18, 1833.

7 Stat., 428.

Other lands granted
by the United States,
etc.

King or Vacapasacy; and to Tustenuggy Hajo, head Chief of Emat-
lochees town, for the benefit of themselves, sub-Chiefs, and Warriors, a
section and a half of land to each; or contiguous quarter and fractional
sections containing a like quantity of acres; to be laid off hereafter
under the direction of the President of the tJ. States so as to embrace
the said Chiefs’ fields and improvements, after the lands shall have been
surveyed, and the boundaries to correspond with the public surveys; it
being understood that the aforesaid Chiefs may with the consent and
under the advisement of the Executive of the Territory of Florida, at
any time previous to the expiration of the above three years, dispose of
the said sections of land, and migrate to a country of their choice; but
that should they remain on their lands, the U. States will so soon as
Blunt’s band and the Seminoles generally have migrated under the
stipulations of the treaties concluded with them, withdraw the imme¬
diate protection hitherto extended to the aforesaid Chiefs and Warriors
and that they thereafter become subject to the government and laws
of the territory of Florida.

Article III. The U. States stipulate to continue to Mulato King
and Tustenuggy Hadjo, their sub-Chiefs and Warriors their proportion
of the annuity of (5000) five thousand dollars to which they are entitled
under the treaty of Camp Moultrie, so long as the Seminoles remain in
the Territory, and to advance their proportional amount of the said
annuity for the balance of the term stipulated for its payment in the
treaty aforesaid, whenever the Seminoles finally remove in compliance
with the terms of the treaty concluded at Payne’s Landing on 9th May
1832.

Article IV. If at any time hereafter the Chiefs and Warriors, par¬
ties to this agreement, should feel disposed to migrate from the Terri¬
tory of Florida to the country allotted to the Creeks and Seminoles in
Arkansas, should they elect to sell their grants of land as provided for
in the first article of this treaty, they must def ra}^ from the proceeds of
the sales of said land, or from their private resources all the expenses
of their migration, subsistence, &c.— but if they prefer they mav by
surrendering to the U. States all the rights and privileges acquired
under the provisions of this agreement, become parties to the obliga¬
tions, provisions and stipulations of the treaty concluded at Payne’s
landing with the Seminoles on the 9th of May 1832, as a constituent
part of said tribe, and re-unite with said tribe in their new abode on the
Arkansas. The U. States, in that event, agreeing to pay (3,000) three
thousand dollars for the reservation relinquished in the first article of
this treaty, in addition to the rights and immunities the parties may
acquire under the aforesaid treaty at Payne’s landing.

Relinquishment by certain chiefs , of land reserved by the treaty of 18th
Sept. ms.

The undersigned Chiefs for and in behalf of themselves, and War¬
riors voluntarily relinquish all the privileges to which they are enti¬
tled as parties to a treaty concluded at Camp Moultrie on the 18th of
September 1823, and surrender to the United States all their right,
title and interest to a reservation of land made for their benefit in the
additional article of the said treaty and which is described in said arti¬
cle as “commencing on the Chattahoochie, one mile below Econchati-
mico’s house; thence up said river four miles; thence one mile west;
thence southerly to a point, one mile west of the beginning; thence
east to the beginning point.”

Article II. For and in consideration of said cession the U. States
agree to grant and to convey in three (3) years, by patent to Econcha-
timico for the benefit of himself, sub-Chiefs and Warriors three sec¬
tions of land; (or contiguous quarter and fractional sections containing

295

TREATY WITH THE OTO AND MISSOURI, 1833.

a like quantity of acres) to be laid off hereafter under the direction of
the President of the U. States so as to embrace the said Chiefs’ fields
improvements, &c. , after the lands shall have been surveyed, and the
boundaries to correspond with the public surveys; it being understood
that the aforesaid Chief may with the consent and under the advise¬
ment of the Executive of the Territory of Florida, at any time previous
to the expiration of the above three years dispose of the said sections
of land, and migrate to a country of their choice; but that, should they
remain on their lands, the U. States will, so soon as Blunt’s band and
the Seminoles generally have migrated under the stipulations of the
treaty concluded with them, withdraw the immediate protection hith¬
erto extended to the aforesaid Chief, his sub-Chiefs and Warriors, and
that they thereafter become subject to the government and laws of the
Territory of Florida.

Article III. The United States stipulate to continue to Econchati-
mico, his sub-Chiefs and Warriors their proportion of the annuity of
(5000) five thousand dollars to which they are entitled under the treaty
of Camp Moultrie, so long as the Seminoles remain in the Territory,
and to advance their proportional amount of said annuity for the balance
of the term stipulated for its payment in the treaty aforesaid, whenever
the Seminoles finally remove in compliance with the terms of the treaty
concluded at Payne’s landing on 9th May 1832. —

Article IV. If at any time hereafter, the Chiefs and Warriors, par¬
ties to this agreement, should feel disposed to migrate from the Terri¬
tory of Florida to the country allotted to the Creeks and Seminoles in
Arkansas; should they elect to sell their grants of land as provided for
in the first article of this treaty, they must defray from the proceeds of
the sales of said land, or from their private resources, all the expenses
of their migration, subsistence, &c. But, if they prefer, they may, by
surrendering to the U. States all the rights and privileges acquired
under the provisions of this agreement, become parties to the obliga¬
tions, provisions and stipulations of the treaty concluded at Payne’s
landing with the Seminoles on the 9th May 1832 as a constituent part
of said tribe, and re-unite with said tribe in their new abode on the
Arkansas, the United States, in that event agreeing to pay (3000) three
thousand dollars for the reservation relinquished in the first article of
this treaty; in addition to the rights and immunities the parties may
acquire under the aforesaid treaty at Payne’s landing.

TREATY WITH THE OTO AND MISSOURI, 1833.

Articles of agreement and convention , mo.de at the Otoe Village on the
River Platte , between Henry L. Ellsworth , Commissioner , m behalf
of the United States , and the united bands of Otoes , and Missourias
dwelling on the said Platte this 21st day of September A. D. 1833.

Article 1. The said Otoes, and Missourias, cede and relinquish to
the United States, all their right and title, to the lands lying south of
the following line viz.— Beginning, on the Little Nemohaw river, at the
northwest corner of the land reserved by treaty at Prairie duChien, on
the 15th July 1830, in favor of certain half-breeds, of the Omahas,
Ioways, Otoes, Yancton, and Santie bands of Sioux, and running west¬
erly with said Little Nemohaw, to the head branches of the same; and
thence running in a due west line as far west, as said Otoes and Mis¬
sourias, have, or pretend to have any claim.

Article II. The United States agree, to continue the present annuity
of twenty-five hundred dollars, granted by said treaty of Prairie du
Chien, to said Otoes and Missourias, ten years from the expiration of
the same viz. ten years from 15th July 1840.

Annuity continued.

Provision in case of
future removal.

Sept. 21, 1833

7 Stat., 429.
Proclamation Apr.
12, 1834.

Cession of land to
United States.

Annuity of 12,500
continued.

296

TREATY WITH THE CHIPPEWA, ETC., 1833.

Annuity of $500 con¬
tinued.

$500 per annum for
school purposes.

Horse mill, etc.

Stock to be deliv¬
ered.

Conditions of these
stipulations.

Disputes to be re¬
ferred to arbiter.

Goods.

Treaty binding
when ratified.

Article III. The United States agree to continue for ten years
from said 15th July, 1840, the annuity of five hundred dollars, granted
for instruments for agricultural purposes.

Article IV. The United States agree, to allow annually five hun¬
dred dollars, for five 3^ears, for the purposes of education, which sum
shall be expended under the direction of the President; and continued
longer if he deems proper. The schools however, shall be kept within
the limit of said tribe or nation.

Article V. The United States agree, to erect a horse-mill for
grinding corn, and to provide two farmers to reside in the nation, to
instruct and assist said tribe, for the term of five years, and longer if
the President thinks proper.

Article VI. The United States agree to deliver to said Otoes and
Missourias, one thousand dollars value in stock, which shall be placed
in the care of the agent, or farmer, until the President thinks the same
can safely be intrusted to the Indians.

Article VII. It is expressly agreed and understood, that the stipu¬
lations contained in the 3d 4th 5th and 6th articles are not to be ful¬
filled by the United States, until the Otoes and Missourias shall locate
themselves in such convenient agricultural districts, as the President
may think proper, nor shall the payments be continued, if the Otoes
and Missourias shall abandon such location as the President shall think
best for their agricultural interest.

Article V III. The Otoes and Missourias declare their entire willing¬
ness to abandon the chase for the agricultural life — their desire for
peace with all other tribes, and therefore agree not to make war against
any tribe with whom they now are, or shall be, at peace; but should
any difficulty arise between them and any other tribe, they agree to
refer the matter in dispute, to some arbiter, whom the President shall
appoint to adjust the same.

Article IX. The United States agree to deliver the said Otoes and
Missourias the value of four hundred dollars in goods and merchan¬
dise; which said Otoes and Missourias hereby acknowledge to have
received.

Article X. This convention, or agreement, to be obligatory, when
ratified by the President and Senate of the United States.

TREATY WITH THE CHIPPEWA, ETC., 1833.

sept. 26, 1833. Articles of a treaty made at Chicago , in the State of Illinois , on the

7 stat., 43i. twenty-sixth day of September, in the year of our Lord one thousand

2iPi83C5amation’ Feb' eight hundred and thirty-three , between George B. Porter , Thomas
J. V. Owen and William Weatherford, .Commissioners on the part of
artfciesUPostei30e4ntary ^ United States of the one part, and the United Nation of Chip¬
pewa, Ottowa and Potawatamie Indians of the other part, being fully
represented by the Chiefs and Head-men whose names are hereunto
subscribed — which Treaty is in the following words , to wit:

Lands ceded t° Article 1st. — The said United Nation of Chippewa, Ottowa, and

Potawatamie Indians, cede to the United States all their land, along
the western shore of Lake Michigan, and between this Lake and the
land ceded to the United States by the Winnebago nation, at the treaty
of Fort Armstrong made on the 15th September 1832 — bounded on
the north by the country lately ceded by the Menominees, and on the
south by the country ceded at the treaty of Prairie du Chien made on
the 29th July 1829 — supposed to contain about five millions of acres.

Lands west of the Article 2d — In part consideration of the above cession it is hereby

theindmnsassigne to agreed, that the United States shall grant to the said United Nation of
Indians to be held as other Indian lands are held which have lately
been assigned to emigrating Indians, a tract of country west of the

297

TREATY WITH THE CHIPPEWA, ETC. , 1833.

Mississippi river, to be assigned to them by the President of the United
States— to be not less in quantity than five millions of acres, and to be
located as follows: beginning at the mouth of Bover’s river on the east
side of the Missouri river, thence down the said river to the mouth of
Naudoway river, thence due east to the west line of the State of Mis¬
souri, thence along the said State line to the northwest corner of the
State, thence east along the said State line to the point where it is
intersected by the western boundary line of the Sacs and Foxes—
thence north along the said line of the Sacs and Foxes, so far as that
when a straight line shall be run therefrom to the mouth of Boyer’s
river (the place of beginning) it shall include - five millions of acres.

And as it is the wish of the Government of the United States that the
said nation of Indians should remove to the country thus assigned to
them as soon as conveniently can be done; and it is deqmed advisable
on the part of their Chiefs and Headmen that a deputation should visit
the said country west of the Mississippi and thus be assured that full
justice has been done, it is hereby stipulated that the United States
will defray the expenses of such deputation, to consist of not more
than fifty persons, to be accompanied by not more than five individ¬
uals to be nominated by themselves, and the whole to be under the
general direction of such officer of the United States Government as
has been or shall be designated for the purpose. — And it is further
agreed that as fast as the said Indians shall be prepared to emigrate,
they shall be removed at the expense of the United States, and shall
receive subsistence while upon the journey, and for one year after
their arrival at their new homes. — It being understood, that the said
Indians are to remove from all that part of the land now ceded, which
is within the State of Illinois, immediately on the ratification of this
treaty, but to be permitted to retain possession of the country north
of the boundary line of the said State, for the term of three years,
without molestation or interruption and under the protection of the
laws of the United States.

Article 3d — And in further consideration of the above cession, it byMunfted states paid
is agreed, that there shall be paid by the United States the sums of
money hereinafter mentioned: to wit.

One hundred thousand dollars to satisfy sundry individuals, in behalf
of whom reservations were asked, which the Commissioners refused
to grant: and also to indemnify the Chippewa tribe who are parties to
this treaty for certain lands along the shore of Lake Michigan, to which
they make claim, which have been ceded to the United States by the
Menominee Indians — the manner in which the same is to be paid is set
forth in Schedule “A” hereunto annexed.

One hundred and fifty thousand dollars to satisfy the claims made
against the said United Nation which they have here admitted to be
justly due, and directed to be paid, according to Schedule UB” here¬
unto annexed.

One hundred thousand dollars to be paid in goods and provisions, a
part to be delivered on the signing of this treaty and the residue dur¬
ing the ensuing year.

Two hundred and eighty thousand dollars to be paid in annuities of
fourteen thousand dollars a year, for twenty years.

One hundred and fifty thousand dollars to be applied to the erection
of mills, farm houses, Indian houses and blacksmith shops, to agricul¬
tural improvements, to the purchase of agricultural implements and
stock, and for the support of such physicians, millers, farmers, Mack-
smiths and other mechanics, as the President of the United States shall
think proper to appoint.

Seventy thousand dollars for purposes of education and the encour-
agement of the domestic arts, to be applied in such manner, as the etc.

President of the United States may direct.— [The wish of the Indians
being expressed to the Commissioners as follows: The united nation

298

TEE AT Y WITH THE CHIPPEWA, ETC., 1833.

Annuities.

Payments for sec¬
tions of land.

Where annuities
shall be paid.

Treaty binding
when ratified.

of Chippewa, Ottowa and Potawatamie Indians being desirous to create
a perpetual fund for the purposes of education and the encouragement
of the domestic arts, wish to invest the sum of seventy thousand dol¬
lars in some safe stock, the interest of which only is to be applied as
may be necessary for the above purposes. They therefore request the
President of the United States, to make such investment for the nation
as he may think best. If however, at any time hereafter, the said
nation shall have made such advancement in civilization and have be¬
come so enlightened as in the opinion of the President and Senate of
the United States they shall be capable of managing so large a fund
with safety they may withdraw the whole or any part of it.]

Four hundred dollars a year to be paid to Billy Caldwell, and three
hundred dollars a year, to be paid to Alexander Robinson, for life, in
addition to the annuities already granted them — Two hundred dollars
a year to be paid to Joseph Lafromboise and two hundred dollars a year
to be paid to Shabehnay, for life.

Two thousand dollars to be paid to Wau-pon-eh-see and his band, and
fifteen hundred dollars to Awn-kote and his band, as the consideration
for nine sections of land, granted to them by the 3d Article of the
Treaty of Prairie du Chien of the 29th of J uly 1829 which are hereby
assigned and surrendered to the United States.

Article 4th — A just proportion of the annuity money, secured as
well by former treaties as the present, shall be paid west of the Missis¬
sippi to such portion of the nation as shall have removed thither dur¬
ing the ensuing three years.-— After which time, the whole amount of
the annuities shall be paid at their location west of the Mississippi.

Article 5th. — [Stricken out.]

This treaty after the same shall have been ratified by the President
and Senate of the United States, shall be binding on the contracting
parties.

SCHEDULE “A”

(Referred to in the Treaty, containing the sums payable to Individuals in lieu of
Reservations.)

J esse Walker . 1500

Henry Cleveland . 800

Rachel Hall . 600

Sylvia Hall . 600

Joseph Laframboise and children . 1000

Victoire Porthier and her children . 700

Jean Bt. Miranda 1 f . . 300

Jane Miranda I For each of whom John I . 200

Rosetta Miranda ( H. Kinzie is Trustee j . 300

Alexander Muller, Gholson Kercheval, trustee . 800

Paschal Muller, do. do . 800

Margaret Muller . 200

Socra Muller . . . 200

Angelique Chevalier . 200

Josette Chevallier . . 200

Joseph Chevalier . 400

Fanny Leclare, (Captain David Hunter, Trustee) . 400

Daniel Bourassa’s children . 600

Nancy Contraman 1
Sally Contraman
Betsey Contraman J
Alexis Laframboise
Alexis Laframbois’

IFor each of whom J. B
Campbell is Trustee

children.

Mrs. Mann’s children.

Mrs. Mann (daughter of Antoine Ouilmet) .

Geo. Turkey’s children (Fourtier) Th. J. V. Owen Trustee

Jacques Chapeau’s children do. do .

Antonie Roseum’s children .

Francois Burbonnais’ Senrs. children

600

800

1200

600

400

500

600

750

400

TREATY WITH THE CHIPPEWA, ETC., 1833.

299

Francis Burbonnais’ Jnr. children .

John Bt. Cloutier’s children, (Robert A. Kinsie Trustee) . **

Claude Lafromboise’s children .

Antoine Ouilmet’s children . . . .

Josette Ouilmot (John H. Kinzie, Trustee")’*.’*’’*"* .

Mrs. Welsh (daughter of Antoine Ouilmet) .

Alexander Robinson’s children .

Billy Caldwell’s children . . . . .

Mo-ah-way . .

Medare B. Beaubien . .

Charles H. Beaubien . 1 ” .

John K. Clark’s Indian children, ( Rich ard J* " Hamilton Trustee )

Josette Juno and her children .

Angelique Juno .

Josette Beaubien’s children . " * ’ . .

Mah-go-que’s child (James Kinzie, Trustee) .

Esther, Rosene and Eleanor Bailly .

Sophia, Hortense and Therese Bailly .

Rosa and Mary children of Hoo-mo-ni-gah wife of Stephen Mack '

Jean Bt. Rabbu’s children . .

Francis Chevallier’ s children .

Mrs. Nancy Jamison and child .

Co-pah, son of Archange .

Martha Burnett (R. A. Forsyth, Trustee) .

Isadore Chabert’s child (G. S. Hubbard Trustee) . .

Chee-bee-quai or Mrs. Allen .

Luther Rice and children .

John Jones .

Pierre Corbonno’s Children .

Pierre Chalipeaux’s children .

Phoebe Treat and children .

Robert Forsyth of St. Louis Mo .

Alexander Robinson . . .

Billy Caldwell .

Joseph Laframboise .

Nis noan see (B. B. Kercheval Trustee) .

Margaret Hall .

James, William, David and Sarah children of Margaret Hall .

Margaret Ellen Miller, Mont¬
gomery Miller and Finly
Miller, grandchildren of
Margaret Hall.

Jean Letendre’s children .

Bernard Grignon .

Josette Polier _ _ _

Joseph Vieux, Jacques Vieux, Louis Vieux, and Josette Yieux each $100.

Angelique Hardwick’s children . , .

Joseph Bourassa and Mark Bourassa .

Jude Bourassa and Therese Bourassa .

Stephen Bourassa and Gabriel Bourassa . .

Alexander Bourassa and James Bourassa .

Elai Bourassa and Jerome Bourassa . . . . .

M. D. Bourassa .

Ann Rice and her Son William M. Rice and Nephew John Leib . —

Agate Biddle and her children .

Magdaline Laframboise and her son . .

Therese Schandler . .

Joseph Dailly’s son and daughter Robert and Therese .

Therese Lawe and George Lawe . . . ^ .

David Lawe and Rachel Lawe . - .

Rebecca Lawe and Maria Lawe .

Polly Lawe and Jane Lawe .

Appotone Lawe .

Angelique Vieux and Amable Yieux .

Andre Vieux and Nicholas Vieux .

Pierre Vieux and Maria Vieux . - .

Madaline Thibeault .

Paul Vieux and Joseph Vieux .

Susanne Vieux .

Louis Grignon and his son Paul . .

Paul Grignon Sen’r. and Amable Grignon .

Perish and Robert Grignon . . .

Catist Grignon and Elizabeth Grignon . . .

Ursal Grignon and Charlotte Grignon . . .

)for each of whom Richard
J. Hamilton of Chicago is 1
Trustee

Dollars.

300

600

300

200

400

600

200

300

400

1000

300

1000

300

500

1000

600

400

800

250

1000

400

500

2500

1000

800

1000

500

5000

3000

200

1000

3200

800

200

100

400

1800

200

100

1000

900

400

200

500

200

100

200

100

200

100

200

300 TREATY WITH THE CHIPPEWA, ETC., 1833.

Dollars.

Louise Grignon and Rachel Grignon . . 200

Agate Porlxer and George Grignon . . 200

Amable Grignon and Emily Grignon . . 200

Therese Grignon and Simon Grignon . . . . 200

William Burnett (B. B. Kercheval Trustee) . . 1000

Shan-na-nees . 400

Josette Beaubien . - . 500

For the Chippewa Ottawa and Potawatamie Students at the Choctaw) j-onn
Academy. The Hon. R. M. Johnson to be the Trustee. /

James and Richard J. Connor . 700

Pierre Duverney and Children . 300

Joshua Boyd’s Children (Geo. Boyd Esq to be the Trustee. ) . 500

Joseph Bailly . . . . . 4000

R. A. Forsyth . . . . . .• . . . . 3000

Gabriel Godfroy . 2420

Thomas R. Covill . . 1300

George Hunt . 750

James Kinzie . 5000

Joseph Chaunier . . 550

John and Mark Noble . 180

Alexis Provansalle . 100

One hundred thousand dollars . $100, 000

SCHEDULE “B.”

(Referred to in the treaty containing the sums payable to individuals, on claims

Dollars.

Brewster Hogan & Co . 343

John S. C. Hogan . . 50

Frederick H. Contraman . 200

Brookfield & Bertrand . 100

R. E. Heacock . 100

George W. McClure, LT. S. A . 125

David McKee . 180

Oliver Emmell . 300

George Hollenbeck . 100

Martha Gray . : . 78

Charles Taylor . 187

Joseph Naper . 71

John Mann . 200

James Walker . ! . 200

John Blackstone . 100

Harris & McCord . 175

George W. Dole . ^ . 133

George Haverhill . 60

William Whistler, U. S. A . 1000

Squire Thompson . 100

C. C. Trowbridge . 2000

Louis Druillard . 350

Abraham Francis . 25

D. R. Bearss & Co . 250

Dr. E. Winslow . 150

Nicholas Klinger . 77

Joseph Porthier . 200

Clark Hollenbeck . 50

Henry Enslen . 75

Robert A. Kinzie . 1216

Joseph Ogie . . 200

Thomas Hartzell . . 400

Calvin Britain . 46

Benjamin Fry . 400

Pierre F. Navarre . 100

C. H. Chapman . 30

James Kinzie . . . 300

G. S. Hubbard . 125

Jacque Jenveaux . : . 150

John B. Du Charme . 55

TREATY WITH THE CHIPPEWA, ETC., 1833.

John Wright .

James Galloway . " “ [ ’ ” .

William Marquis . .

Louis Chevalier, Adm’r of j. B. Chevalier dec’d. .

Solomon McCullough . .

Joseph Curtis . . .

Edward E. Hunter . .

Rachel Legg . * ” .

Peter Lamseet . . . ' ' " ’ * .

Robert Beresford .

G. W. & W. Laird . .

M. B. Beaubien . . .

Jeduthan Smith . .

Edmund Weed . . .

Philip Maxwell, IT. S. A . .

Henry Gratiot . . . ” ’ ~ " " * ’ . .

Tyler K. Blodgett . .

Nehemiah King . . .

S. P. Brady .

James Harrington . . .

Samuel EUice .

Peter Menard, Maumee . .

John W. Anderson _ 1 . ” ” " "

David Bailey .

Wm. G. Knaggs . " "

John Hively .

John B. Bertrand, Sen’r . "

Robert A. Forsyth . [

Maria Kercheval .

Alice Hunt . . .

Jane C. Forsyth . ”*”"*"*”

John H. Kinzie .

Ellen M. Wolcott . . .

Maria Hunter .

Robert A. Kinzie . .

Samuel Godfrey . *

John E. Schwarz .

Joseph Loranger .

H. B. and G. W. Hoffman .

Phelps & Wendell .

Henry Johns. . .

Benjamin C. Hojd .

John H. Kinzie, in trust for the heirs of Jos. Miranda, dec’d.

Francis Burbonnais, Senr .

Francis Burbonnais, junr .

R. A. Forsyth, in trust for Catherine McKenzie .

James Laird .

Montgomery Evans .

Joseph Bertrand, jr .

George Hunt . .

Benjamin Sherman . .

W. and F. Brewster, Assignees of Joseph Bertrand, Senr _

John Forsyth, in trust for the heirs of Charles Peltier, dec’d.

William Hazard . . .

James Shirley .

Jacob Platter . . .

John B. Bourie .

B. B. Kercheval . . .

Charles Lucier . . .

Mark Beaubien .

Catharine Stewart . . . .

Francis Mouton .

Dr. William Brown .

R. A. Forsyth, in trust for heirs of Charles Guion .

Joseph Bertrand, Senr . . . .

Moses Rice — . - . .

James Connor .

John B. Du Charme .

Coquillard & Comparet . . - .

Richard J. Hamilton . . -

Adolphus Chapin .

John Dixon .

Wm. Huff . - .

Stephen Mack, in trust for the heirs of Stephen Mack, dec’d.

Dollars.

200

150

112

100

200

150

440

100

116

125

188

500

350

100

150

3000

5000

120

4800

5000

358

660

270

250

500

200

1000

250

300

900

150

700

900

125

2500

1500

500

200

652

800

2250

250

5000

500

140

500

302

TREATY WITH THE CHIPPEWA, ETC., 1833.

Dollars.

nomas Forsyth . 1500

Felix Fontaine . 200

JacqueMette . 200

Francis Boucher . 250

Margaret Helm . - 2000

O. P. Lacy . 1000

Henry and Richard J. Connor . 1500

James W. Craig . 50

R. A. Forsyth (Maumee).. . 1300

Antoine Peltier do . 200

R. A. Forsyth, in trust for Wau-se-on-o-quet . 300

John E. Hunt . . . - . 1450

Payne C. Parker . 70

Isaac Hull . 1000

Foreman Evans . . i . 32

Horatio N. Curtis . 300

lea Rice . 250

Thomas P. Quick . 35

George B. Wood cox . . . . 00

John Woodcox . - . 40

George B. Knaggs . . 1400

Ebenezer Read . . 100

George Pomeroy . 150

Thomas K. Green . . . 70

William Mieure, in trust for Willis Fellows . 50q

Z. Cicott . . . . ,. 1800

John Johnson . 100

Antoine Antilla . . 100

John Baldwin . . . - . - . - - - - 500

Isaac G. Bailey . 100

James Cowen . 35

Joseph D. Lane . . - . 50

T. E. Phelps..... . 250

Edmund Roberts . 50

Augustus Bona . 60

E. C. Winter & Co . 1850

Charles W. Ewing . 200

Antoine Ouilmett . 800

John Bt. Chandonai, ($1000 of this sum to be paid to Robert Stuart, agent of

American Fur Company, by the particular request of Jno. B. Chandonai, ) . 2500

Lowrin Marsh . 3290

P. & J. J. Godfrey . 2000

David Hull . . 500

Andrew Drouillard . 500

Jacob Beeson & Co . 220

Jacob Beeson . 900

John Anderson . 600

John Green . 100

James B. Campbell . 600

Pierre Menard, Jun. in right of G. W. Campbell . 250

George E. Walker . 1000

Joseph Thebault . 50

Gideon Lowe, U. S. A . . 160

Pierre Menard, Jun . 2000

John Tharp . 45

Pierre Menard, Junr. in trust for Marie Tremble . 500

Henry B. Stillman . . . . 300

John Hamblin . 500

Francois Page . 100

George Brooks . 20

Franklin McMillan . 100

Lorance Shellhouse . . 30

Martin G. Shellhouse . 35

Peter Bellair . 150

Joseph Morass . 200

John I. Wendell . 2000

A. T. Hatch . 300

Stephen Downing . 100

Samuel Miller . 100

Moses Hardwick . 75

Margaret May . 400

Frances Felix . 1100

John B. Bourie . 500

Harriet Ewing . 500

TREATY WITH THE CHIPPEWA, ETC,, 1833.

303

Nancy Hedges . .

David Bourie . ’

Caroline Ferry . '

Bowrie & Minie .

Charles Minie .

Francis Minie .

David Bourie . ’ ’ ’

Henry Ossum Reed . . .

Frangoise Bezion .

Dominique Rousseau .

Hanna & Taylor . j

John P. Hedges .

Francoise Chobare .

Isadore Chobare .

Jacob Leephart .

Amos Amsden .

Nicholas Boilvin .

Archibald Clyburn .

William Conner (Michigan) .

Tunis S. Wendall . 1 .

Noel Vasseur . . 1 _

James Abbott, agent of the American Fur Company .
Robert Stewart, agent of the American Fur Company.

Solomon Jeauneau . .

John Bt. Beaubien .

Stephen Mack, Jnr .

John La we . . . .

Alexis Larose . .

Daniel Whitney . .

P. & A. Grignon . .

Louis Grignon .

Jacques Vieux .

Laframboise & Bourassa .

Heirs of N. Boilvin, deceased .

John K. Clark .

William G. & G. W. Ewing .

Rufus Hitchcock .

Reed and Coons . .

B. H. Laughton . .

Rufus Downing .

Charles Reed .

Dollars.

500
500
500
500
600
700
150
200
2500
500
1570
1000
1000
600
700
400
350
200
70
500
800
2300
17000
2100
250
, 350
3000
1000
1350
650
2000
2000
1300
1000
400
5000
400
200
1000
500
200

One hundred and seventy-five thousand dollars . $175, 000

The above claims have been admitted and directed to be paid, only in case they
be accepted in full of all claims and demands up to the present date.

Agreeably to the stipulations contained in the 3d Article of the
Treaty, there have been purchased and delivered at the request of the
Indians, goods, provisions and horses to the amount of sixty -five thou¬
sand dollars (leaving the balance to be supplied in the year one thou¬
sand eight hundred and thirty-four, thirty -five thousand dollars.)

As evidence of the purchase and delivery as aforesaid under the
direction of the said Commissioners, and that the whole of the same have
been received by the said Indians, the said George B. Porter, Thomas
J. V. Owen and William Weatherford, and the undersigned Chiefs and
Head-men on behalf of the said United Nation of Indians have here¬
unto set their hands the twenty -seventh day of September in the year
of our Lord one thousand eight huhdred and thirty-three.

Sept. 27, 1833.

Goods purchased
id delivered.

304

TREATY WITH THE CHIPPEWA, ETC., 1833.

Sept 27,1833.

7 Stat.,442.

Cession of land to
United States.

Chiefs and headmen
parties to treaty.

Moneys to be paid for
lands relinquished.

Goods, provisions,
etc.

Annuities.

Indians to remove
in three years.

Obligatory when
ratified.

Articles supplementary, to the treaty made at Chicago , in the State of
Illinois , on the %6th day of September , one thousand eight hund/red
and thirty -three, between George B. Porter , Thomas J. V. Owen and
William Weatherford , Commissioners on the part of the United States ,
of the one part , and the United Nation of Chippewa , Ottowa and
Potawata/mie Indians , of the other part, concluded at the same place
on the twenty -seventh day of September , one thousand eight hundred
and thirty-three , between the said Commissioners on the part of the
United States of the one part, and the Chiefs and Head-men of the
said United Nation of Indians, residing upon the reservations of land
situated in the Territory of Michigan, south of Grand river, of the
other part.

Article 1st — The said chiefs and head-men cede to the United
States, all their land situate in the Territory of Michigan south of
Grand river, being the reservation at Notawasepe of 4 miles square
contained in the 3d clause of the 2d article of the treaty^ made at
Chicago, on the 29th day of August 1821, and the ninety-nine sections
of land contained in the treaty made at St. Joseph on the 19th day of
Sept. 1827 ; — and also the tract of land on St. Joseph river opposite
the town of Niles, and extending to the line of the State of Indiana, on
which the villages of To-pe-ne-bee and Pokagon are situated, supposed
to contain about 49 sections.

Article 2d — In consideration of the above cession, it is hereby
agreed that the said chiefs and head-men and their immediate tribes
shall be considered as parties to the said treaty to which this is supple¬
mentary, and be entitled to participate in ail the provisions therein
contained, as a part of the United Nation; and further, that there shall
be paid by the United States, the sum of one hundred thousand dollars:
to be applied as follows.

Ten thousand dollars in addition to the general fund of one hundred
thousand dollars, contained in the said treaty to satisfy sundry indi¬
viduals in behalf of whom reservations were asked which the Commis¬
sioners refused to grant;— the manner in which the same is to be paid
being set forth in the schedule “A,” hereunto annexed.

Twentyr-five thousand dollars in addition to the sum of one hundred
and fifty thousand dollars contained in the said Treaty, to satisfy the
claims made against all composing the United Nation of Indians, which
they have admitted to be justly due, and directed to be paid according
to Schedule “B,” to the Treaty annexed.

Twenty-five thousand dollars, to be paid in goods, provisions and
horses, in addition to the one hundred thousand dollars contained in
the Treaty.

And forty thousand dollars to be paid in annuities of two thousand
dollars a year for twenty years, in addition to the two hundred and
eighty thousand dollars inserted in the Treaty, and divided into
payments of fourteen thousand dollars a year.

Article 3d — All the Indians residing on the said reservations in
Michigan shall remove therefrom within three years from this date,
during which time they shall not be disturbed in their possession, nor
in hunting upon the lands as heretofore. In the mean time no inter¬
ruption shall be offered to the survey and sale of the same by the
United States. In case, however, the said Indians shall sooner remove
the Government maj" take immediate possession thereof.

Article 4th — [Stricken out. See 4th Amendment at end of treaty.]
These supplementary articles after the same shall have been ratified
by the President and Senate of the United States shall be binding on
the contracting parties.

305

TREATY WITH THE CHIPPEWA, ETC., 1833.

SCHEDULE “A,”

Referred to in the Article supplementary to the Treaty, containing the sums paya¬
ble to Individuals, m lieu of Reservations of Land.

Po-ka-gon .

MlryXmettett}Edward Brooks Trustee for each/;;;;;; .

Martha Burnett (R. A. Forsyth Trustee) .

Madaline Bertrand . " ’ ’ " ^

Joseph Bertrand Junr . ’ ’ "

Luke Bertrand Junr . ' ’ ' ’

Benjamin Bertrand . ’’

Lawrence Bertrand .

Theresa Bertrand .

Amahle Bertrand . . . ” '

Julianne Bertrand .

Joseph H. Bertrand . .

Mary M. Bertrand .

M. L. Bertrand .

John B. Du Charme .

Elizabeth Du Charme (R. A. Forsyth Trustee) .

George Henderson . *. .

Mary Nado and children .

John Bt. Chandonai .

Mary Chandond ai } For each of whom R A- Forsyth is Trustee {;

Mary St. Comb and children .

Sa-gen-nais’ daughter .

Me-chain, daughter of Pe-che-co .

Alexis Rolan .

Polly Neighbush .

Francois Page’s wife and children .

Pierre F. Navarre’s children .

Jarmont (half breed) .

Dollars.

2000

500

250

200

100

200

800

400

1000

400

300

200

100

Ten thousand dollars

no, ooo

Agreeably to the stipulations contained in the Articles supplementary sept 27 1833.
to the Treaty, there have been purchased and delivered at the request
of the Indians, Goods, Provisions and Horses to the amount of fifteen
thousand dollars (leaving the balance to be supplied hereafter ten
thousand dollars.)

On behalf of the Chiefs and Head men of the United Nation of
Indians who signed the treaty to which these articles are supplementary
we hereby, in evidence of our concurrence therein, become parties
thereto.

And, as since the signing of the treaty a part of the band residing
on the reservations in the Territor}^ of Michigan, have requested, on
account of their religious creed, permission to remove to the northern
part of the peninsula of Michigan, it is agreed that in case of such
removal the just proportion of all annuities payable to them under
former treaties and that arising from the sale of the reservation on
which thev now reside shall be paid to them at, L’arbre, Croche.
*****

The Commissioners certify that when these supplementary articles
were ready for signature, the original paper of which the annexed is a
copy was presented by Messrs. Peter and James J. Godfroy, and the
due execution of it was made satisfactorily appear to the Commission¬
ers, the subscribing witnesses R A Forsyth and Robert A Kinzie being
present.— The Chiefs and Head men present recognizing this as a res¬
ervation, it was agreed that it shall be considered in the same light as

S. Doc. 452 - 20

306

TREATY WITH THE CHIPPEWA, ETC., 1833.

though the purport of the instrument had been inserted in the body
of the treaty; — with the understanding that the rejection of it by the
President and Senate of the United States shall not affect the validity
of the treaty.

G. B. PORTER,

TH. J. V. OWEN,

WILLIAM WEATHERFORD.

(Copy of the instrument referred to in the above certificate.—)

Know all men by these presents that we the undersigned Chiefs and
Young men of the Potawatamie tribe of Indians living at Na-to-wa-
se-pe in the territory of Michigan, for and in consideration of the
friendship and sundry services rendered to us by Peter and James J.
Godfrey we do hereby by these presents give, grant, alien, trans¬
fer and convey unto the said Godfreys their heirs and assigns forever
one entire section of land situate lying and being on our reserve of
Na-to-wa-se-pe, in the Territory aforesaid to be located by said God¬
freys wherever on said reserve they shall think it more to their advan¬
tage and benefit.

It is moreover the wishes of the undersigned Chiefs and Young men
as aforesaid, that so soon as there shall be a treaty held between the
United States and our said tribe of Pottawatamies, that our great
father the President confirm and make good this our grant unto them,
the said Godfreys by issuing a patent therefor to them and to their
heirs, forever.— In so doing our great father will accomplish the wishes
of his children.

Tho. J. V. Owen, Esqr. )
U. S. Indian Agent, j

Chicago , Illinois , Oct. 1, 1834.

Father: Feeling a disposition to comply with the resolution of
Senate of the United States, and the views of the Government in rela¬
tion to an alteration in the boundaries of the country ceded to the
United nation of Chippewa, Ottawa, and Potawatamie Indians at the
treaty at Chicago in the State of Illinois, concluded on the 26th and
27th days of September 1833:— we therefore propose as the chiefs of
the said united nation, and for and on their behalf that we will accept
of the following alteration in the boundaries of the said tract of
country viz:— Beginning at the mouth of Boyer’s river; thence down
the Missouri river, to a point thereon; from which a due east line
would strike the northwest corner of the State of Missouri; thence
along the said east line, to the northwest corner of said State* then
along the northern boundary line of the said State of Missouri, ’till it
strikes the line of the lands of the Sac and Fox Indians; thence north- -
waidly along said line to a point from which a west line would strike
the sources of the Little Sioux river; thence along said west line, till it
strikes the said sources of said river; then down said river to its mouth;
thence down the Missouri river to the place of beginning: Provided
the said boundary shall contain five million of acres; but should it
contain more, then said boundaries are to be reduced so as to contain
the said five millions of acres.

And, in consideration of the alteration of said boundary we ask that
ten thousand dollars should be paid to such commissio'ner, as shall be
designated by us to receive the same west of the Mississippi river, at
such place on the tract of country ceded to the said united nation as we
may designate, and to be applied, as we may direct for the use and

TREATY WITH THE CHIPPEWA, ETC., 1833.

benefit of the said nation. And the further sum of two thousand dol¬
lars to be paid to Grholson Kercheval, of Chicago, Ill. : for services
rendered the said united nation of Indians during the late war, between
the "L . fe. Government and the Sacs and Foxes; and the further sum
of one thousand dollars to George E. Walker for services rendered the
said United nation, in bringing Indian prisoners, from west of the
Mississippi river to Ottawa, Lasalle countv, Ill. for whose appearance
at the circuit court of said county, the said nation was bound.

The foregoing propositions are made with the expectation, that with
the exception of the alteration in the proposed boundary, and the
indemnity herein demanded as an equivalent for said exchange, the
whole of the treaty made and concluded at this place on the 26th and
27th days of September 1833, be ratified as made and concluded at that
time, within the space of five months from the present date; otherwise
it is our wish that the whole of the said treaty should be considered
as cancelled.

[Note.— This Treaty and Supplementary Articles thereto, were ratified and con¬
firmed, upon the conditions expressed in the two Resolutions of the Senate in rela¬
tion to the same; which conditions as contained in the first named resolution, are as
follows:

“That the Senate do advise and consent to the ratification of the Treaty, made on
the 26th day of September 1833, at Chicago, by George B. Porter and others, Com¬
missioners on behalf of the United States, and the United Nation of Chippewas, Otta¬
wa®, andPottawatamies Indians, and the supplementary articles thereto, dated on the
27th day of September, 1833, with the following amendments and provisions, to wit.
1st: amend the third article in Schedule A, by striking out the word “ten” and insert¬
ing the word Jive as to each of the sums to be paid to Billy Caldwell aDd Alexander
Robinson; so that the sum of five thousand dollars only will be paid to each of them,
and the sum of ten thousand dollars, thus deducted, to be paid to the Indians. — 2d.
Ml the debts, mentioned in schedule B, in the same article, and which are specified
in exhibit E, to the report of the committee, to be examined by a commissioner to
be appointed by the President, with the advice and consent of the Senate, and the
individuals to be paid only the sums found by said commissioner, to have been justly
due; in no instance increasing the sum agreed to be paid; and whatever sum is saved
by deduction or disallowance of the debts in exhibit E, to be paid to the Indians, and
the residue to the claimants respectively. 3d. Strike out article 5th in the Treaty.
4th. Strike out article 4th in the supplementary articles: and provided, that the lands
given to the said Indians, in exchange, in place of being bounded in the manner
described in the treaty be so changed, that the first line shall begin at the mouth of
Boyer’s river, and run down the river Missouri to a point thereon from which a line
running due east will strike the northwestern comer of the State of Missouri; from
that point due east till it strikes said northwest corner; then, along the northern
boundary line of said State, till it strikes the line of the lands belonging to the Fox
and Sac Indians; thence northwardly, so far as to make to the Indians full compensa¬
tion for the quantity of land which will be thus taken from them on the southwestern
part of the tract allowed them by the boundaries as at present described in the treaty;
and provided, further, that this alteration of boundaries can be effected with the con¬
sent of the Indians. Also the said commissioner shall examine whether three thous¬
and dollars, a part of the sum of seventeen thousand dollars directed to be paid to
Robert Stuart agent of the American Fur Company, was to be paid and received in full
discharge of all claims and demands which said company had against Gurdon S.
Hubbard and James Kinzie; and if he finds it was to be so paid, that then the sum of
fourteen thousand dollars, only, be paid, until said agent of said company give a
receipt of all debts due, and demands which said company had against said Hubbard
and Kinzie; and, upon giving such receipt, that then the said sum of three thousand
dollars be likewise paid to said agent.”

And those contained in the second named resolution are as follows:

“That the Senate do advise and consent to the alteration proposed by the Chiefs
of the United Nation of Chippewa, Ottawa and Pottawattamie Indians, concluded at
Chicago, in the State of Illinois, on the first day of October 1834, to the treaty con¬
cluded between the Commissioners on the part of the United States and the chiefs
of the said United Nation on the 26th of September, 1833:— it being expressly under¬
stood by the Senate that no other of the provisions of the resolution of the Senate of
the 22d day of May 1834, ratifying the said treaty, shall be affected, or in any man¬
ner changed, by the said proposed alteration of 1st October, 1834, excepting the
proposed alteration in the boundaries therein mentioned, and the sums of money
therein stipulated to be paid.”]

308

TREATY WITH THE PAWNEE, 1833.

Oct. 9, 1833.

7 Stat., 448.
Proclamation, Apr.
12. 1834.

Cession of land to
United States.

Hunting ground.

Amount of goods to
be annually given.

Agricultural imple¬
ments.

Provision for
schools.

Blacksmiths, etc.

Farmer, oxen, etc.

Corn mill.

Disputes with other
tribes to arbiter. .

Condition of these
stipulations.

To promote agricul¬
ture.

TREATY WITH THE PAWNEE, 1833.

Articles of agreement and convention , made this ninth day of October ,
A. I). 1833 , at the Grand Pawnee village, on the Platte river
between Henry L. Ellsworth , commissioner in behalf of the United
States, and the chiefs and head-men of the four confederated bands
of Pawnees, viz. — Grand Pawnees , Pawnee Loups , Pawnee Republi¬
cans , and Pawnee Tapp aye, residing on the Platte and the Loup fork ,

Art. I. The confederated bands of Pawnees aforesaid hereby cede
and relinquish to the United States all their right, interest, and title
in and to all the land lying south of the Platte river.

Art. II. The land ceded and relinquished hereby, so far as the same
is not and shall not be assigned to any tribe or tribes, shall remain a
common hunting ground, during the pleasure of the President, for
the Pawnees and other friendly Indians, who shall be permitted by the
President to hunt on the same.

Art. III. The United States, in consideration of said cession and
for the purpose of advancing the welfare of the said Pawnees, agree
to pay said bands annually, for the term of twelve jrears, the sum of
forty-six hundred dollars in goods, at not exceeding St. Louis prices,
as follows: to the Grand Pawnees and Republican villages, each thir¬
teen hundred dollars, and to the Pawnee Loups and Tappaye Pawnee
villages each one thousand dollars, and said annuity to said Grand
Pawnees is in full remuneration for removal from the south to the
north side of the Platte, and building again.

Art. IV. The United States agree to pay to each of said four bands,
for live years, the sum of five hundred dollars in agricultural imple¬
ments; and to be continued longer if the President thinks proper.

Art. V. The United States agree to allow one thousand dollars a
year for ten years, for schools to be established for the benefit of said
four bands at the discretion of the President.

Art. VI. The United States agree to furnish two blacksmiths and
two strikers, with shop, tools and iron, for ten years, for said four
bands, at an expense not exceeding two thousand dollars in the whole
annually.

Art. VII. The United States agree to furnish each of said four
tribes with a farmer for five years, and deliver to said farmers for the
benefit of said nation, one thousand dollars value in oxen and other
stock. But said stock is not to be delivered into the hands of the said
Pawnees, until the President thinks the same can be done with pro¬
priety and safety.

Art. VIII. The United States agree to erect, for each of said four
bands, a horse-mill for grinding corn.

Art. IX. The Pawnee nation renew their assurance of friendship
for thp white men, their fidelity to the United States, and their desire
for peace with all neighboring tribes of red men. The Pawnee nation
therefore agree not to molest or injure the person or property of any
white citizen of the United States, wherever found, nor to make war
upon any tribe with whom said Pawnee nation now are, or may be, at
peace; but should any difficulty arise between said nation and any
other tribe, they agree to refer the matter in dispute to such arbiter
as the President shall appoint to settle the same.

Art. X. It is agreed and understood that the United States shall
not be bound to fulfil the stipulations contained in the fifth, seventh,
and eighth articles, until said tribes shall locate themselves in conven¬
ient agricultural districts, and remain in these districts the whole
year, so as to give protection to the teachers, the farmers, stock and
mill.

Art. XI. The United States, desirous to show the Pawnees the
advantages of agriculture, engage, in case the Pawnees cannot agree

309

TREAT Y WITH THE CHICKASAW, 1834.

to lemain to protect their domestic interest, to break up for each vil-
lage a piece of land suitable for corn and potatoes for one season; and
should either village at any time agree to give the protection required,
said village shall be entitled to the benefits conferred in said fifth,
seventh, and eighth articles.

Art. XII. In case the Pawnee nation will remain at home during
the year, and give the protection specified, the United States agree to
place twenty-five guns, with suitable ammunition, in the hands of the
farmers of each village, to be used in case of an attack from hostile
bands.

Art. XIII. The United States further agree to deliver to said four
bands collectively, on the execution of this treaty, the amount of six¬
teen hundred dollars in goods and merchandise, and the receipt of the
same is hereby acknowledged by said bands.

Art. XIY. These articles of agreement and convention shall be
obligatory and binding when ratified by the President and Senate of
the United States.

TREATY WITH THE CHICKASAW, 1834.

Articles of convention and agreement proposed by the Commissioners on
the part of the United States , in pursuance of the request made , by
the Delegation representing the Chickasaw nation of Indians, and
which have been agreed to.

Art. I. It is agreed that perpetual amity, peace and friendship, shall
exist between the United States, and the Chickasaw nation of Indians.

Art. II. The Chickasaws are about to abandon their homes, which
they have long cherished and loved; and though hitherto unsuccessful,
they still hope to find a country, adequate to the wants and support of
their people, somewhere west of the Mississippi and within the terri¬
torial limits of the United States; should they do so, the Government
of the United States, hereby consent to protect and defend them
against the inroads of any other tribe of Indians, and from the whites;
and agree to keep them without the limits of any State or Territor}r.
The Chickasaws pledge themselves never to make war upon any Indian
people, or upon the whites, unless they are so authorized by the United
States. But if war be made upon them, they will be permitted to
defend themselves, until assistance, be given to them by the United
States, as shall be the case.

Art. III. The Chickasaws are not acquainted with the laws of the
whites, which are extended over them; and the many intruders which
break into their country, interrupting their rights and disturbing their
repose, leave no alternative whereby restraint can be afforded, other
than an appeal to the military force of the country, which they are
unwilling to ask for, or see resorted to; and therefore they agree to
forbear such a request, for prevention of this great evil, with the
understanding, which is admitted, that the agent of the United States,
upon the application of the chiefs of the nation, will resort to every
legal civil remedy, (at the expense of the United States,) to prevent
intrusions upon the ceded country; and to restrain and remove tres¬
passers from any selected reservations, upon application of the owner
of the same. And it is also agreed, that the United States, will con¬
tinue some discreet person as agent, such as they now have, to whom
they can look for redress of wrongs and injuries which may be
attempted against them; and it is consented, that if any of their prop¬
erty, be taken by persons of the United States, covertly or forcibly,
the agent on satisfactory and just complaint being made, shall pursue
all lawful civil means, which the laws of the State permit, in which the
wrong is done, to regain the same, or to obtain a just remuneration;
and on failure or inability to procure redress, for the offended, against

Guns and ammuni¬
tion.

Goods.

Treaty binding
when ratified.

May 24, 1834.

7 Stat., 450.
Proclamation, July
1, 1834.

Peace and friend¬
ship.

Indians about to re¬
move are to be pro¬
tected by United
States.

United States to pre¬
vent intrusions on
their lands.

310

TREATY WITH THE CHICKASAW, 1834.

the offending party; payment for the loss sustained, on production of
the record, and certificate of the facts, by the agent, shall be made by
the United States; but in all such cases, satisfactory proof, for the
establishing of the claim, shall be offered.

under what author- Art. IV. The Chickasaws desire to have within their own direction

besoidervatioIls may and control, the means of taking care of themselves. Many of their
people are quite competent to manage their affairs, though some are
not capable, and might be imposed upon by designing persons; it is
therefore agreed that the reservations hereinafter admitted, shall not
be permitted to be sold, leased, or disposed of unless it appear by the
certificate of at least two of the following persons, to wit: Ish-ta-ho-
ta-pa the King, Levi Colbert, George Colbert, Martin Colbert, Isaac
Alberson, Henry Love, and Benj. Love, of which five have affixed
their names to this treaty, that the party owning or claiming the same,
is capable to manage, and to take care of his or her affairs; which
fact, to the best of his knowledge and information, shall be certified
by the agent; and furthermore that a fair consideration has been paid;
and thereupon, the deed of conveyance shall be valid provided the
President of the United States, or such other person as he may desig¬
nate shall approve of the same, and endorse it on the deed; which said
deed and approval, shall be registered, at the place, and within the
time, required by the laws of the State, in which the land may be
situated; otherwise to be void. And where such certificate is not
obtained; upon the recommendation of a majority of the Delegation,
and the approval of the agent, at the discretion of the President of
the United States, the same may be sold; but the consideration thereof,
shall remain as part of the general Chickasaw fund in the hands of
the Government, until such time as the chiefs in council shall think
it advisable to pa}7- it to the claimant or to those, who may rightfully
claim under said claimant, and shall so recommend it. And as the
King, Levi Colbert, and the Delegation, who have signed this agree¬
ment, and to whom certain important and interesting duties purtain-
ing to the nation, are assigned, may die, resign, or remove, so that
their people may be without the benefit of their services, it is stipu¬
lated, that as often as any vacancy happens, by death, resignation, or
otherwise, the chiefs shall select some discrete person of their nation
to fill the occurring vacancy, who, upon a certificate of qualification,
discretion and capability, by the agent, shall be appointed by the Sec¬
retary of War; whereupon, he shall possess all the authority granted
to those who are here named, and the nation will make to the person
so appointed, such reasonable compensation, as they with the assent of
the agent and the Secretary of War, may think right, proper and rea¬
sonable to be allowed.

Grants to be in fee; Art. Y. It is agreed that the fourth article of the “Treaty of Pon-
how determined. titock,” be so changed, that the following reservations be granted in

fee: — To heads of families, being Indians, or having Indian families,
consisting of ten persons, and upwards, four sections of land are
reserved. To those who have five and less than ten persons, three
sections. Those who have less than five, two sections. Also those
who own more than ten slaves, shall be entitled to one additional sec¬
tion; and those owning ten and less than ten to half a section. These
reservations shall be confined^ to the sections or fractional sections on
which the party claiming lives, or to such as are contiguous or adjoin¬
ing to the sections resided upon, subject to the following restrictions
and conditions:—

Firstly. In cases where there are interferences arising, the oldest
occupant or settler, shall have the preference, or,

Secondly. Where the land is adjudged unfit for cultivation, by the
Agent, and three of the seven persons, named in the fourth article above,
the party entitled, shall be, and is, hereby authorized, to locate his

311

TREATY WITH THE CHICKASAW, 1834.

claim upon other lands, which may be unappropriated, and not subject
to any other claim; and where, two or more persons, insist upon the
entry of the. same unappropriated section or fractional section, the
priority of right shall be determined by lot; and where a fractional
section, is taken, leaving a balance greater or less than the surveyed
subdivision of a section, then the deficiency shall be made up, by con¬
necting all the deficiencies so arising: and the Register and Receiver
thereupon, shall locate full or fractional sections, fit for cultivation, in
the names respectively of the different persons claiming which shall be
held by them as tenants in common, according to the respective inter¬
ests of those who are concerned; and the proceeds when sold by the,
parties claiming, shall, be divided according to the interests, which each
may have in said section or fractional section, so located, or the same
may be divided agreeably to quality or quantity.

Art. VI. Also reservations of a section to each, shall be granted to
persons male and female, not being heads of families, who are of the
age of twenty-one years, and upwards, a list of whom, within a reason¬
able time shall be made out by the seven persons herein before men¬
tioned, and filed with the Agent, upon whose certificate of its believed
accuracy, the Register and Receiver, shall cause said reservations to
be located upon lands fit for cultivation, but not to interfere with the
settlement rights of others. The persons thus entitled, are to be
excluded from the estimated numbers contained in any family enumer¬
ation, as is provided for in the fifth article preceding: and as to the
sale, lease, or disposition of their reserves, they are to be subject to the
conditions and restrictions, set forth in the fourth article. In these and
in all other reserves where the party owning or entitled, shall die, the
interest in the same shall belong to his wife, or the wife and children,
or to the husband, or to the husband and children, if there be any; and
in cases of death, where there is neither husband, wife, nor children
left, the same shall be disposed of for the general benefit; and the pro¬
ceeds go into the general Chickasaw fund. But where the estate as is
prescribed in this article, comes to the children, and having so come,
either of them die, the survivor or survivors of them, shall be entitled
to the same. But this rule shall not endure longer than for five years,
nor beyond the period when the Chickasaws may leave their present
for a new home.

Art. VII. Where any white man, before the date hereof has married
an Indian woman, the reservation he may be entitled to under this
treaty, she being alive, shall be in her name, and no right of alienation
of the same shall purtain to the husband unless he divest her of the
title, after the mode and manner that feme coverts, usually divest them¬
selves of title to real estate, that is, by the acknowledgment of the wife
which may be taken before the Agent, and certified by him, that she
consents to the sale freely, and without compulsion from her. husband,
who shall at the same time certify that the head of such family is pru¬
dent, and competent to care of and manage his affairs; otherwise the
proceeds of said sale shall be subject to the provisions and restrictions
contained in the fourth article of this agreement. Rights to reserva¬
tions as are herein, and in other articles of this agreement secured, will
purtain to those who have heretofore intermarried with the Chicka¬
saws and are residents of the nation.

Art. VIII. Males and females below the age of twenty-one years,
whose father being dead, the mother again has married, or who have
neither father nor mother, shall each be entitled to half a section of
land, but shall not be computed as parts of families under the fifth
article, the same to be located under the direction of the Agent, and
under the supervision of the Secretary of War, so as not to interfere
with any settlement right. These lands may be sold upon a recom¬
mendation of a majority of the seven persons, heretofore named in this

Reservations for per¬
sons not heads of fam¬
ilies.

In case of marriage
between a white man
and an Indian wom¬
an.

Provision for
orphans, etc.

312

TREATY WITH THE CHICKASAW, 1834.

agreement, setting forth that it will prove advantageous to the parties
interested; subject however, to the approval of the President, or such
other person as he shall designate. If sold, the funds arising shall be
retained, in the possession of the Government, or if the President
deem it advisable they shall be invested in stocks for the benefit of
the parties interested, if there be a sufficient sum to be invested, (and
it can be invested,) until said persons marry or come of age, when
the amount shall be paid over to those who are entitled to receive it,
provided a majority of the seven persons, with the Agent, shall certify,
that in their opinion, it will be to their interest and advantage, then,
and in that case, the proceeds shall be paid over to the party or parties
entitled to receive them.

Lonaiifnesring sec" Art. in running the sectional lines, in some cases it will

happen, that the spring and the dwelling house, or the spring and the
cleared land, or the cleared land and the dwelling house of settlers,
may be separated by section al lines, whereby manifest inconvenience
and injury will be occasioned; it is agreed, that when any of these
occurrences arise, the party shall be entitled as parts and portions of
his reservations, to the adjoining section or fraction, as the case may
be, unless there be some older occupant, claiming a preference; and in
that event, the right of the party shall extend no farther than to give
to the person, thus affected and injured, so much of his separated prop¬
erty, as will secure the spring; also, where a sectional line shall sepa¬
rate any improvement, dwelling house, kitchen or stable, so much of
the section, which contains them, shall be added into the occupied sec¬
tion, as will secure them to their original owner; and then and in that
case, the older ocupant being deprived of preference, shall have his
deficiency thus occasioned, made up to him by some fractional section,
or after the mode pointed out in the latter part of the fifth article of
this treat}7.

dmitted.reservations Art. X* Reservations are admitted to the following persons, in
addition to those which may be claimed under the fifth article of this
Treaty to wit:— Four sections to their beloved and faithful old Chief
Levi Colbert; To George Colbert, Martin Colbert, Isaac Alberson,
Henry Love and Benj. Love, in consideration of the trouble they have
had in coming to Washington, and of the farther trouble hereafter to
be encountered in taking care of the interests of their people, under
the provisions of this treaty, one section of land to each. Also there
is a fractional section, between the residence of George Colbert, and
the Tennessee river, upon which he has a ferry, it is therefore’ con¬
sented, that said George Colbert, shall own and have so much of said
fraction, as may be contained in the following lines, to wit. — begin -
ing near Smith’s ferry at the point where the base meridian line and
the Tennessee river come in contact, — thence south so far as to pass
the dwelling-house, (and sixty yards beyond it,) within which is
interred the body of his wife,— thence east of the river and down the
same to the point of begining. Also there shall be reserved to him
an island, in said river, nearly opposite to this fraction, commonly
called Colberts Island. A reservation also of two sections is admitted
to Ish-ta-ho-ta-pa the King of the Chickasaw nation. And to Min-ta-
ho-yea the mother of Charles Colbert one section of land. Also one
section, each, to the following persons: — Im-mub-bee, Ish-tim-o-lut-ka,
Ah-to-ho-woh, Pis-tah-lah-tubbe, Capt. Samuel Seley and William
McGilvery. To Col. Benj. Reynolds their long tried and faithful
Agent, who has guarded their interests and twice travelled with their
people far west, beyond the Mississippi, to aid them in seeking and
finding a home, there is granted two sections of land. Jointly to Wil¬
liam Cooper and James Davis, lawyers of Mississippi who have been
faithful to the Indians, in giving them professional advice, and legal
assistance, and who are to continue to do so, within the States of

313

TREATY WITH THE CHICKASAW, 1834.

Tennessee, Alabama and Mississippi, while the Chickasaw people
remain in said States, one section is granted. To Mrs. Margt. Allen
wife of the sub-agent in her own right, half a section. These reser¬
vations to Benj. Reynolds, William Cooper, James Davis and Margt.
Allen, are to be located so as not to interfere with the Indian reser¬
vations.

Art. XI. After the reservations are taken and located, which shall
be the case as speedily as may be after the surveys are completed, of
which the Register and Receiver shall give notice, the residue of the
Chickasaw country shall be sold, as public lands of the United States
are sold, with this difference; The lands as surveyed shall be offered at
public sale at a price not less than .one dollar and a quarter per acre;
and thereafter for one year those which are unsold, and which shall
have been previously offered at public sale, shall be liable to private
entry and sale at that price; Thereafter, and for one year longer they
shall be subject to entry and private sale, at one dollar per acre; There¬
after and during the third year, they shall be subject to sale and entry,
at fifty cents per acre; Thereafter, and during the fourth year, at
twenty -five cents per acre; and afterwards at twelve and a half cents
per acre. But as it may happen, in the fourth and after years, that
the expenses may prove greater than the receipts, it is agreed, that at
any time after the third year, the Chickasaws may declare the residue
of their lands abandoned to the United States, and if so, they shall be
thenceforth acquitted of all and every expense on account of the sale
of the same.

And that they may be advised of these matters it is stipulated, that
the Government of the United States, within six months after any pub¬
lic sale takes place, shall advise them of the receipts and expenditures,
and of balances in their favor; and also at regular intervals of six
months, after the first report is made, will afford them information of
the proceeds of all entries and sales. The funds thence resulting, after
the necessary expenses of surveying and selling, and other advances
which may be made, are repaid to the United States, shall from time
to time be invested in some secure stocks, redeemable within a period
of not more than twenty years; and the United States will cause the
interest arising therefrom, annually to be paid to the Chickasaws.

Art. XII. When any portion of .the country is fully surveyed, the
President may order the same to be sold, but will allow six months,
from the date of the first notice to the first sale; and three months’
notice of any subsequent intended public sale, within which periods of
time, those who can claim reservations, in the offered ranges of coun¬
try, shall file their applications and entries with the Register and Re¬
ceiver; that the name of the owner or claimant of the same, may be
entered and marked on the general plat, at the office, whereby mistakes
in the sales may be avoided, and injuries be prevented.

Art. XIII. If the Chickasaws shall be so fortunate as to procure a
home, within the limits of the United States, it is agreed, that with
the consent of the President and Senate so much of their invested
stocks, as may be necessary to the purchase of a country for them to
settle in, shall be permitted to them to be sold, or the United States
will advance the necessary amount, upon a guarantee and pledge of an
equal amount of their stocks; also, as much of them may be sold, with
the consent of the President and Senate, as shall be adjudged necessary
for establishing schools, mills, blacksmiths shops; and for the educa¬
tion of their children; and for any other needful purpose, which their
situation and condition, may make, and by the President and Senate
be considered, necessary; and on the happening of such a contingency,
and information thereof being given of an intention of the whole or
any portion of the nation to remove; the United States will furnish
competent persons, safely to conduct them to their future destination,

Disposal of the lands
after the location of
reservations.

Notice of sale to be
given.

Provision for their
removal.

314

TREATY WITH THE CHICKASAW, 1834.

Certain articles of
the treaty of Ponti-
tock to remain in
force.

Boundary under
treaty of 1818, how
considered.

Appropriation made
in 1833 to be applied.
1833, ch. 59.

May 24, 1834.

7 Stat.,456.

Provision in favor
of Levi Colbert, etc.

Children to be edu¬
cated in the United
States.

and also supplies necessary to the same, and for one year after their
arrival at the west, provided the Indians shall desire supplies, to be
furnished for so long a period; the supplies so afforded, to be charge¬
able to the general Chickasaw account, provided the funds of said
nation shall be found adequate to the expenses which under this and
other articles of this agreement may be required.

Art. XIV. It is understood and agreed, that articles twelve and
thirteen of the “Treaty of Pontitock,” of the twentieth day of October,
one thousand, eight hundred and thirty -two, and which was concluded,
with Genl. John Coffee shall be retained; all the other articles of said
treaty, inconsistent in any respect with the provisions of this, are
declared to be revoked. Also so much of the supplemental treaty as
relates to Colbert Moore; to the bond of James Colbert transferred to
Robert Gordon; to the central position of the Land Office; to the
establishment of mail routes through the Chickasaw country; and as
it respects the privilege given to John Donely; be, and the same are
declared to be in full force.

Art. XV. By the sixth article of a treaty made with the Chickasaw
nation, by Andrew Jackson and Isaac Shelby, on the nineteenth day
of October, one thousand eight hundred and eighteen, it was provided
that a Commissioner should be appointed, to mark the southern
boundary of said cession ; now it is agreed that the line which was run
and marked by the Commissioner on the part of the United States, in
pursuance of said treaty, shall be considered the true line to the extent
that the rights and interests of the Chickasaws are conserned, and no
farther.

Art. XVI. The United States agree that the appropriation made by
Congress, in the year one thousand eight hundred and thirty-three,
for carrying into effect “ the treaty with the Chickasaws,” shall be
applicable to this; to be reimbursed by them; and their agent may
receive and be charged with the same, from time to time, as in the
opinion of the Secretary of War, any portion may be wanted for
national purposes, by the Chickasaws; of which nature and character,
shall be considered their present visit to Washington City.

Articles supplementary to those concluded and signed , ly the United
States Commissioner, and the Chickasaw delegation on the BJ+th day
of May, one thousand eight hundred and thirty-four y which l>eing
agreed to ly the President and Senate of the United States, are to
stand as part of said treaty.

Art. 1. It is represented that the old chiefs Levi Colbert and Isaac
Alberson, who have rendered many and valuable services to their
nation, desire on account of their health, to visit some watering place,
during the present year, for recovery and restoration; it is agreed that
there be paid to the agent for these purposes, and to discharge some
debts which are due and owing from the nation, the sum of three thou¬
sand dollars, out of the appropriation of one thousand eight hundred
and thirty -three, for carrying into effect the “treaty of Pontitock,”
which said sum so far as used is to be hereafter reimbursed to the
nation, by said Levi Colbert and Isaac Alberson, and by the nation to
the United States, as other advances are to be reimbursed, from the
sale of their lands.

Art. II. The Chickasaw people express a desire that the Govern¬
ment shall at the expense of the United States, educate some of their
children, and they urge the justice of their application, on the ground,
that they have ever been faithful and friendly to the people of this
country, — that they have never raised the tomahawk, to shed the blood

TREATY WITH THE MIAMI, 1834.

315

of an American, and have given up heretofore to their white brothers,
extensive and valuable portions of their country, at a price wholly
inconsiderable and inadequate; and from which the United States have
deiived great wealth and important advantages; therefore, with the
advice and consent of the President and Senate of the United States,
it is consented, that three thousand dollars for fifteen jTears, be appro-
pi iated and applied under the direction of the Secretary of Whr for
the education and instruction within the United States, of such children
male and female or either, as the seven persons named in the treaty
to which this is a supplement, and their successors, with the approval
ol the agent, frorn time to time may select and recommend.

Art. III. The Chickasaw nation desire to close finally, all the busi- a former reserva-
ness they have on the east side of the Mississippi, that their Great t0 United

h ather, may be no more troubled with their complaints, and to this
end, they ask the Government to receive from them a tract of land, of
four miles square, heretofore reserved under the 4th article of their
“Treaty of 1818,” and to pay them within three months, from the
date of this arrangement, the Government price of one dollar and a
quarter per acre, for said reserve; and accordingly the same is agreed
to, provided a satisfactory relinquishment of title from the parties
interested, be filed with the Secretary of War, previous to said pay¬
ment being made.

Art. 4. JBenj. Reynolds, agent at the time of paying their last annu- Money stolen from
ity, had stolen from him by. a negro slave of the Chickasaws, a box gent'
containing one thousand dollars; the chiefs of the Chickasaw people
satisfied of the fact, and hence unwilling to receive the lost amount
from their agent, ask, and it is agreed, that the sum so stolen and lost,
shall be passed to the credit of their nation by the United States, to
be drawn on hereafter for their national purposes.

Art. V. The Chickasaw people are aware that one clerk is insuf- An additional clerk
ficient to the bringing of their lands early into market; and rather ° eappom e '
than encounter the delay which must ensue, they prefer the increased
expense of an additional one. It is therefore stipulated that the Presi¬
dent shall appoint another clerk, at the same annual compensation,
agreed upon by the “Treaty of Pontitock;” who shall be paid after
the manner prescribed therein. But whenever the President shall
be of opinion that the services of any officer empk^ed under this
treaty, for the sale of lands can be dispensed with; he will in justice
to the Chickasaws, and to save them from unnecessary expenses, dis¬
continue the whole, or such as can be dispensed with.

TREATY WITH THE MIAMI, 1834.

Articles of a treaty between the United States and the Miami tribe of Qct. 23,1834.

Indians , concluded at the Forks of the Wabash , in the State of Indiana, ? 458.

on the 23d day of October , 183%, by and between William Marshall, proclamation, Dec.
commissioner of the United States, and the chiefs and warriors of 2\ssent of the in-
said tribe. dians, nov. 10, 1837.

Article 1. The Miami tribe of Indians agree to cede to the United The Indians cede
States the following described tracts of land within the State of Indiana, iand°Uowing tractso
being a part of reservations made to said tribe from former cessions,
now conveyed for and in consideration of the payments stipulated to
be made to them in the 2d article of this treaty of cession.

One tract of land, thirty-six sections, at Flat Belly’s village, a reserve
made by the treaty of Wabash of 1826.

Also, one tract of land, about twenty-three thousand acres more or
less, a reserve made at Wabash treaty in 1826, of five miles in length
on the Wabash river, extending back to Eel river.

316

TREATY WITH THE MIAMI, 1834.

Also, one other tract of ten sections at Racoon village, and a tract
of ten sections at Mudd creek on Eel river, reserves made at Wabash
treaty of 1826.

Also, one reserve of two miles square, on the Salamany river at the
■ mouth of At-che-pong-quaw creek, reserve made at the treaty of St.
Mary’s of 1818.

Also, one other tract being a portion of the ten mile square reserve,
made at the treaty of St. Mary’s of 1818, opposite the mouth of the
river Aboutte, commencing at the northeast corner of said reserve,
thence south with the eastern boundary of the same ten miles to the
southeast corner of the reserve, thence west with the southern bound¬
ary one mile, thence north nine miles, thence west nine miles, thence
north one mile to the northwest corner of said reserve, thence to the
place of beginning.

The Miamies also agree to cede a portion of their big reserve, made
at the treaty of St. Mary’s of 1818, situated southeast of the Wabash,
extending along the Wabash river, from the mouth of Salamany river,
to the mouth of Eel river. The part now ceded shall be embraced
within the following bounds to wit: commencing on the Wabash river,
opposite the mouth of Eel river, running up said Wabash river eight
miles, thence south two miles, thence westwardly one mile, thence south
to the southern boundary of said reserve, thence along said boundary
line seven miles to the southwest corner, thence northerly with the
western boundary line to the place of beginning,
therefor ideration Article 2. For and in consideration of the cession made in the first
article of this treaty, the United States agree to pay the Miami tribe
of Indians the sum of two hundred and eight thousand dollars; of this
sum fifty-eight thousand dollars to be paid within six months from the
ratification of this treaty, fifty thousand dollars to be applied to the
payment of the debts of the tribe, and the remaining sum of one hun¬
dred thousand dollars in annual instalments of ten thousand dollars
per year.

Grants to be made Article 3. From the cession made in the first article of this treaty,
rom ean scee, there shall be granted to each of the persons named in the schedule
hereunto annexed, and to their heirs and assigns, by patent from the
President of the United States, the lands therein named.

a patent in fee sim- Article 4. It is agreed, between the parties to this treaty, that a

Sk:h0arIviiieedtoJ'B' patent in fee simple shall be issued by the President of the United
States to John B. Richardville, principal chief of the Miami tribe, for
a reserve of ten sections at the Forks of the Wabash, made to said tribe
by treaty of twenty-third October, 1826, he having an Indian title to
the same, a copy of which, marked A, accompanies this treaty.

a miller to be fur- Article 5. The United States agree to furnish a skilful miller, to
mshed. superintend a mill for the Miamies, in lieu of the gunsmith promised

by the 5th article of the treaty of St. Mary’s of 1818.

Improvements. Article 6. The United States agree to have the buildings and
improvements on the lands ceded by the first article of this treaty
valued. To cause a similar amount in value, laid out in building,
clearing and fencing ground, for the use of the Indians, on such place
or places as their chiefs may select, and that the Indians have peace¬
able possession of their houses and improvements, on the lands ceded
in the first article of this treaty, until the improvements are made as
provided for in this article.

united states to pay Article 7. The United States agree to pay the Miami Indians fif-
the whites. stolen by teen hundred dollars, for horses heretofore stolen from them by the
whites.

patents in fee sim- Article 8. The United States agree to cause patents in fee simple
naniedf sue t0 persons to issue to the following named persons, for the several tracts of land
attached to their names, granted to them by former treaties, to wit:
To Little Charley, for five sections of land, above the old village on the
north side of Eel river, granted to him by treaty of Wabash of 1826.

TREATY WITH THE MIAMI, 1834.

317

To Laronture’s daughter, for one section of land on the Maumee
river, granted to her by treaty of Wabash of 1826.

To TO'pee-ah, son of Francis Lafontain, for one section, granted
him by treaty of St. Mary’s of 1818.

To Met-chin-e-quea, for two sections of land granted him by treaty
of Wabash of 1826, at the old town on Eel river.

To Francis Godfroy, for four sections of land on the Salamany river,
granted him at treaty of St. Mary’s of 1818, being the residue of what
he now holds of said grant.

Article 9. There shall be granted to Hugh Hanna, one quarter sec¬
tion of land, in lieu of one selected and not approved on the grant
made to Guire at the treaty of W abash of 1826, (Hanna having pur¬
chased of Guire,) the selection to be made under the direction of the
President of the United States.

Schedule of grants referred to in the 3d Article.

To Francis Godfroy one section of land at the lower line of the five
mile reserve on the Wabash river, to be located adjoining the town of
Peru; one half section to be located on said Wabash river, opposite his
trading house, and one half section to be located on that part of the
big reserve southwest side the Wabash, above and adjoining the two
sections granted to John B. Richardville; and one half section back
and adjoining the one granted to said John B. Richardville, opposite
the mouth of Eel river.

To To-pe-ah, one section of land, commencing one mile from the
northeast corner of the ten mile reserve, opposite the mouth of Aboit
river, (granted by treaty of St. Mary’s of 1818,) thence south one mile,
thence west one mile, thence north one mile, thence east to the place
of beginning.

To Wa-pa-se-pah, son of Lafontain, one section of land west and
adjoining the one to To-pee-ah.

To Ne-ah-long-quaw, two sections of land, west and adjoining the
one to Wa-pa-se-pah.

To A-saw-som-ma quah, or Susan, one section of land, west and
adjoining the two to Ne-ah-long-quaw.

To Poqua, son of Francis Godfroy, one half section, west and adjoin¬
ing the one to Susan.

To Francis Godfroy, one half section of land, west and adjoining
the one to Poqua.

To Paul Longlois, one section of land on the Wabash river, to
include his field.

To Chappene one section of land, to include Racoon village, com¬
mencing two poles west of the grave yard northwest of the village,
thence on an easterly direction to river About, thence with said river
until it strikes the reserve line, thence with said line for quantity to
include within the bounds one section of land; also, one other section
of land, west and adjoining the half section granted to Francis Godfroy
on the ten mile reserve.

To John B. Richardville, principal chief of the Miami tribe, one
section of land on the five mile reserve, opposite the mouth of the
Mississineway river, to include the improvement made by Joseph
Richardville, deceased; also, one quarter section of land on the
Wabash river, at the upper part of the five mile reserve; also, two
sections of land on the big reserve, commencing on the Wabash river,
opposite the mouth of Eel river, running up said river two miles,
thence back for quantity so as to include within the bounds two
sections of land.

To Mac-keh-teh-maug-guaw, or Black Loon, one section of land to

A quarter section of
land to be granted to
Hugh Hanna.

Grants of land to
persons named.

318

TREATY WITH THE POTAWATOMI, 1834.

be located on the Wabash river, at the upper line of that part of the
big reserve ceded by the first article of this treaty.

To Chin-gua-qua, or Duck, one section of land to be located on said
Wabash river, below and adjoining the one granted to Black Loon.

To O-san-dear, one section of land back and adjoining the one
granted to Black Loon.

To Wa-pa-pe-she, one section of land back and adjoining the one
granted to Duck.

To Peter Longlois, one half section of land to be located at a point
on Wildcat where the old trace from Mississineway to Thorntown crosses
the same.

To the sons of Dupee, one half section of land to be located on the
reserve at Racoon village, to be located under the direction of the
President of the United States.

To Peter Guier, one half section of land, to be located back of the
one granted to Wa-pa-pe-she.

To Waw-pee-mung-quah, one section of land on the ten mile reserve
adjoining the one to Chappene.

To Ca-ta-ke-mon-gua, daughter of Godfroy and Angelique, one sec¬
tion of land to be located adjoining the one to Wau-pee-mung-guah.

To Rebecca Hackley, one quarter section of land, to be located
under the direction of the President of the United States.

TREATY WITH THE POTAWATOMI, 1834.

Dec. 4, 1834. Articles of a Treaty , made and concluded at a camp, on Lake Max-ee-
7 stat.,467. nie-kue-kee, in the State of Indiana , between William Marshall, Com-

sfimamation’ Mar' missioner on the part of the United States, and Com-o-za , a Chief of
the Potawattimie tribe of Indians and his band, on the fourth day of
December, in the year eighteen hundred and thirty four .

cession to the united Art. 1. The above named chief and his band hereby cede to the
states. United States, the two sections of land reserved for them by the 2d

article of the treaty between the United States and the Pottawattimie
Indians on Tippecanoe river on the 26th day of October, in the year
eighteen hundred and thirty-two.

possession to be giv- Art. 2. The above named chief and his band agree to yield peacea-
en within three years. y.e possession of said sections within three years from the date of the
ratification of said treaty of eighteen hundred and thirty -two.
payment in goods. Art. 3. In consideration of the cession aforesaid the United States

stipulate to pay the above named chief and his band the sum of four
hundred dollars in goods at the signing of this treaty, and an annuity
of four hundred dollars for one year, the receipt of which former sum
of (four hundred dollars in goods) is hereby acknowledged.

Treaty binding when Art. 4. This treaty shall be binding upon both parties, from the
date of its ratification by the President and Senate of the United States.

TREATY WITH THE POTAWATOMI, 1834.

Dec. io, 1834. Articles of a Treaty made and concluded at a camp on Tippecanoe river,
7 stat.,467. in the State of Indiana, between William Marshall, Commissioner

3Pi835amauon’ Mar' on the part of the United States and Muck Rose, a Chief of the Pot-
awattamie tribe of Indians, and his band, on the tenth day of Decem¬
ber, in the year eighteen hundred and thirty -four.

Lands ceded to Art. 1. The above named chief and his band hereby cede to the
United States, six sections of land reserved for them by the second
article of the treaty between the United States and the Pottawattamie
Indians on Tippecanoe river, on the twenty-sixth day of October, in
the year, eighteen hundred and thirty -two.

319

TREATY WITH THE P01AWAT0MI, 1834.

Art. 2. The above named chief and his band agree to yield peace¬
able possession of the said sections of land to the United States within
three years from the date of the ratification of said treaty of eighteen
hundred and thirty -two.

Art. 3. In consideration of the cession aforesaid the United States
stipulate to pay to the above named chief and his band, four hundred
dollars in goods at the signing of this treaty, and an annuity of one
thousand dollars for two years, the receipt of which former sum of
(four hundred dollars in goods) is hereby acknowledged.

Art. 4. This treaty shall be binding upon both parties from the date
of its ratification by the President and Senate of the United States.

Possession to be
given within three
years.

Consideration there¬
for.

Treaty binding
when ratified.

TREATY WITH THE POTAWATOMI, 1834.

Articles of a treaty , made and concluded at the Potawattimie mills , m Dec- 16> 1834-
the State of Indiana , on the sixteenth day of December, in the year 7stat.,468.
of our Lord one thousand, eight hundred and thirty -four, between Man ie, 18.35! a 1 1 0 11 ’
William Marshall Commissioner on the part of the United States
and the Chiefs , headmen, and warriors of the Potawattamis Indians.

Article 1st. The chiefs, head men and warriors aforesaid agree to TTLtn^«?eded t0 the
cede to the United States their title and interest to a reservation made m 6 tates'
to them at the treaty on the Tippecanoe river on the 27th day of Octo¬
ber 1832 of two sections of land to include their mills on said river.

Art. 2nd. In consideration of the cession aforesaid the United States consideration there-
agree to pay the Potawattimie Indians, at the payment of their annui- °r'
ties in 1835, the sum of seven hundred dollars in cash, and pay their
just debts agreeably to a schedule hereunto annexed, amounting to
nine hundred dollars.

Art. 3. The miller provided for by the 3rd article of the treaty with tiSer t0 be discon’
the Potawattimie tribe of Indians on the sixteenth day of October, in 1 ue
the year eighteen hundred and twenty-six, is not to be supported by
the United States, and to cease from and after the signing of this
treaty.

Art. 4. This treaty shall be binding upon both parties, from the ?reaty binding
date of its ratification by the President and Senate of the United States. w en ra 1 e •

It is agreed that the United States will satisfy the claims mentioned
in the following schedule as provided for in the second article of the
foregoing treaty. — viz:

To J. B. Duret, four hundred dollars.

To Cyrus Taber, one hundred dollars.

To Ewing Walker & Co., three hundred dollars.

To Cyrus Vigus, one hundred dollars.

TREATY WITH THE POTAWATOMI, 1834.

Articles of a treaty made and concluded at the Indian Agency, Logans- Dec. 17, 1834.
port, Indiana, between William Marshall, Commissioner on the part 7stat.,469.
of the United States and Mota, a chief of the Potawattimie tribe of meU f 1835^ a 1 1 0 n 1
Indians, and his band on the 17 th day of December, in the year eight¬
een hundred and thirty -four.

Art. 1. The above-named Chief and his band hereby cede to the united state? to the
United States the four sections of land reserved for them by the second m e a es'
article of the treaty between the United States and the Potawattimie
Indians on the twenty-seventh day of October in the year eighteen hun¬
dred and thirty-two.

320

TREATY WITH THE CADDO, 1835.

give°n s witMn11 three Art. 2. The above named chief and head men and their band, do
years. hereby agree to yield peaceable possession of said sections, and to

remove, with their fajnilies, to a country provided for them by the
United States, west of the Mississippi river, within three years or less
from the date of the ratification of said treaty of eighteen hundred and
thirty-two.

^consideration there- Art. 3. The United States, in consideration of the cession, made in
the first article of this treaty, do hereby stipulate to remove the above
named chief and headmen and their bands to the new country provided
for them, and to furnish them either goods, farming utensils or other
articles necessary for them, agreeably to the provisions of the fifth
article of the treaty of October twenty-sixth, eighteen hundred and
thirty -two.

oods t0 be paid in Art. 4. The United States further stipulate to pay to the above
named chief, and head men and their bands, the sum of six hundred
and eighty dollars in goods, at the signing of this treaty, and the fur¬
ther sum of six hundred dollars in cash at the payment of their annui¬
ties in 1835, the receipt of which former sum of (six hundred and
eighty dollars in goods) is hereby acknowledged.

Treaty, bidding Art. 5. This treaty shall be binding upon both parties, from the
date of its ratification by the Senate of the United States.

TREATY WITH THE CADDO, 1835.

7 Stat., 470.
Proclamation, Feb.
2, 1836.

Articles of a treaty made at the Agency -home in the Caddo nation and
State of Louisiana , on the first day of July in the year of our Lord
one thousand eight hundred and thirty-five , beticeen Jehiel Brooks ,
Commissioner on the part of the United States , and the Chiefs , head
men , and Warriors of the Caddo nation of Lndians.

Article 1. The chiefs, head men, and warriors of the said nation
agree to cede and relinquish to the United States all their land contained
in the following boundaries: to-wit —

Bounded on the west by the north and south line which separates
the said United States from the Republic of Mexico, between the
Sabine and Red rivers wheresoever the same shall be defined and
acknowledged to be by the two governments. On the north and east
by the Red river from the point where the said north and south bound¬
ary line shall intersect the Red river whether it be in the Territory of
Arkansas or the State of Louisiana, following the meanders of the
said river down to its junction with the Pascagoula bayou. On the
south by the said Pascagoula baj^ou to its junction with the Bayou
Pierre, by said bayou to its junction with Bayou Wallace, by said
bayou and Lake Wallace to the mouth of the Cypress bayou thence up
said bayou to the point of its intersection with the first mentioned
north and south line following the meanders of the said water- courses:
But if the said Cypress bayou be not clearly definable so far then from
a point which shall be definable by a line due west till it intersect the
said first mentioned north and south boundary line, be the content of
land within said boundaries more or less.

Article II. The said chiefs head men and warriors of the said nation
do voluntarily relinquish their possession to the territory of land afore¬
said and promise to remove at their own expense out of the boundaries
of the United States and the territories belonging and appertaining
thereto within the period of one year from and after the signing of
this treaty and never more return to live settle or establish themselves
as a nation tribe or community of people within the same.

TREATY WITH THE CADDO, 1835.

321

Article III. In consideration of the aforesaid cession relinquish¬
ment and removal it is agreed that the said United States shall pay to
the said nation of Caddo Indians the sums in goods, horses, and money
hereinafter mentioned, to wit —

Thirty thousand dollars to be paid in goods, and horses, as agreed
upon to be delivered on the signing of this treaty.

Ten thousand dollars in money to be paid within one year from the
.first day of September next.

Ten thousand dollars, per annum in money for the four years next
following so as to make the whole sum paid and payable eighty thou¬
sand dollars.

Article IV. It is further agreed that the said Caddo nation of
Indians shall have authority to appoint an agent or attorney in fact,
resident within the United States for the purpose of receiving for them
from the said United States all of the annuities stated in this treaty as
the same shall become due to be paid to their said agent or attorney in
fact at such place or places within the said United States as shall be
agreed on between him and the proper Officer of the Government of
the United States.

Article V. This treaty, after the same shall have been ratified and
confirmed by the President and Senate of the United States, shall be
binding on the contracting parties.

Articles supplementary to the treaty made at the agency house in the
Caddo nation and State of Louisiana on the first day of July, one
thousand eight hundred and thirty-five between Jehiel Brooks Com¬
missioner on the part of the United States , and the Chiefs head men
and Warriors of the Caddo nation of Indians concluded at the same
place , and on the same dap between the said Commissioner on the part
of the United States and the Chiefs Head men and Warriors of the
said nation of Indians, to wit —

Whereas the said nation of Indians did in the year one thousand
eight hundred and one, give to one Francis Grappe and to his three
sons then born and still living, named Jacques, Dominique and Beltha-
zar, for reasons stated at the time and repeated in a memorial which
the said nation addressed to the President of the United States in the
month of January last, one league of land to each, in accordance with
the Spanish custom of granting land to individuals. That the chiefs
and head men, with the knowledge and approbation of the whole
Caddo people did go with the said Francois Grappe, accompanied by
a number of white men, who were invited by the said chiefs and head
men to be present as witnesses, before the Spanish authority at Natch¬
itoches, and then and there did declare their wishes touching the said
donation of land to the said Grappe and his three sons, and did request
the same to be written out in form and ratified and confirmed by the
proper authorities agreeably to law.

And whereas Larkin Edwards has resided for many years to the
present time in the Caddo Nation — was a long time their true and
faithful interpreter, and though poor he has never sent the Red man
away from his door hungry. He is now old and unable to support
himself by manual labor, and since his employment as their interpre¬
ter has ceased possesses no adequate means by which to live: Now
therefore — .

Article I. It is agreed that the legal representatives of the said
Francois Grappe deceased and his three sons Jacques, Dominique, and
Belthazar Grappe, shall have their right to the said four leagues of
land reserved to them and their heirs and assigns for ever. The said

S. Doc. 452 - 21

Money, etc., to be
paid for cession.

An agent of the na¬
tion to be appointed
by them.

Treaty binding
when ratified.

July 1, 1835.

7 Stat., 472.

Preamble.

Grant by Indians to
F. Grappe, confirmed.

322

TREATY WITH THE COMANCHE, 1835.

land to be taken out of the lands ceded to the United States by the
said Caddo Nation of Indians as expressed in the treaty to which this
article is supplementary. And the said four leagues of land shall be
laid olf in one body in the southeast corner of their lands ceded as
aforesaid, and bounded by the Red river four leagues and by the Pas¬
cagoula bayou one league, running back for quantity from each, so as
to contain four square leagues of land, in conformity with the bound¬
aries established and expressed in the original Deed of Gift made by
the said Caddo nation of Indians to the said Francois Grappe and his
three sons Jacques, Dominique, and Belthazar Grappe.

Reservation for Lar- Article II. And it is further agreed that there shall be reserved to
Larkin Edwards his heirs and assigns for ever one section of land to
be selected out of the lands ceded to the United States by the said
nation of Indians as expressed in the treaty to which this article is
supplementary in any part thereof not otherwise appropriated by the
provisions contained in these supplementary articles.

Articles binding Article III. These supplementary articles, or either of them, after
the same shall have been ratified and confirmed by the President and
Senate of the United States, shall be binding on the contracting parties,
otherwise to be void and of no effect upon the validity of the original
treaty to which they are supplementary.

TREATY WITH THE COMANCHE, ETC., 1835.

Aug. 24, 1835. _ Treaty with the Comanche and Witchetaw Indians and tlieir associated

7 stat., 474. Bands.

Proclamation, Mav
19, 1836.

For the purpose of establishing and perpetuating peace and friend¬
ship between the United States of America and the Comanche and
W itchetaw nations, and their associated bands or tribes of Indians, and
between these nations or tribes, and the Cherokee Muscogee, Choc¬
taw, Osage, Seneca and Quapaw nations or tribes of Indians, the
President of the United States has, to accomplish this desirable
object, and to aid therein, appointed Governor M. Stokes, M. Arbuckle
Brigdi.-Genl. United States army, and F. W. Armstrong, Actg. Supdt.
Western Territory, commissioners on the part of the United States:
and the said Governor M. Stokes and M. Arbuckle, Brigdi. Genl.
United States army, with the chiefs and representatives of the Chero¬
kee, Muscogee, Choctaw, Osage, Seneca, and Quapaw nations or tribes
of Indians, have met the chiefs, warriors, and representatives of the
tribes first above named at Camp Holmes, on the eastern border of the
Grand Prairie, near the Canadian river, in the Muscogee nation, and
after full deliberation, the said nations or tribes have agreed with the
United States, and with one another upon the following articles:

Peace and friend- Article 1. There shall be perpetual peace and friendship between
ship- all the citizens of the United States of America, and all the individuals

composing the Comanche and Witchetaw nations and their associated
bands or tribes of Indians, and between these nations or tribes and the
Cherokee, Muscogee, Choctaw, Osage, Seneca and Quapaw nations or
tribes of Indians.

Injuries, etc., for- Article 2. Every injury or act of hostility by one or either of the
given' contracting parties on the other, shall be mutually forgiven and for¬

ever forgot.

Free passage Article 3. There shall be a free and friendly intercourse between
country. the Indian the contracting parties hereto, and it is distinctly understood and
agreed by the Comanche and Witchetaw nations and their associated
bands or tribes of Indians, that the citizens of the United States are
freely permitted to pass and repass through their settlements or hunting

323

TKEATY WITH THE COMANCHE, 1835.

giound without molestation or ‘injury on their way to any of the prov-
inees of the .Republic of Mexico, or returning- therefrom, and that each
of the nations or tribes named in this article, further agree to pay the
full valuefor any injury their people may do to the goods or property
of the citizens of the Ijnited States taken or destroyed, when peace¬
ably passing through the country they inhabit, or hunt in, or else¬
where. And the United States hereby guaranty to any Indian or indemnity for
Indians of either of the said Comanche or Witchetaw nations, and their horses> etc > stolen-
associated bands or tribes of Indians, a full indemnification for any
horses or other property which may be stolen from them: Provide d^ Proviso,
that the property so stolen cannot be recovered, and that sufficient
proof is produced that it was actually stolen by a citizen of the
United States, and within the limits thereof.

Article 4. It is understood and agreed by all the nations or tribes Hunting ground,
of Indians parties to this treaty, that each and all of the said nations
or tribes have free permission to hunt and trap in the Great Prairie
west of the Cross Timber, to the western limits of the United States.

Articled. The Comanche and Witchetaw nations and their asso- injuries to goods,
ciated bands or tribes of Indians, severally agree and bind themselves Indians. e pai ±or 7
to pay full value for any injury their people may do to the goods or
other property of such traders as the President of the United States
may place near to their settlements or hunting ground for the purpose
of trading with them.

_ Article 6. The Comanche and Witchetaw nations and their asso- other Indians on
ciated bands or tribes of Indians, agree, that in the event any of the beemofeSed.ds not t0
red people belonging to the nations or tribes residing south of the
Missouri river and west of the State of Missouri, not parties to this
treaty, should visit their towns or be found on their hunting ground,
that they will treat them with kindness and friendship and do no injury
to them in any way whatever.

Article 7. Should any difficulty hereafter unfortunately arise Peace to be pre-
between any of the nations or tribes of Indians parties hereunto, in served-
consequence of murder, the stealing of horses, cattle, or other cause,
it is agreed that the other tribes shall interpose their good offices to
remove such difficulties, and also that the Government of the United
States may take such measures as they may deem proper to effect the
same object, and see that full justice is done to the injured party.

Article 8. It is agreed by the commissioners of the United States, Presents to be given
that in consequence of the Comanche and Witchetaw nations and their t0 the Indians-
associated bands or tribes of Indians having freely and willingly entered
into this treaty, and it being the first they have made with the United
States or any of the contracting parties, that they shall receive presents
immediately after signing, as a donation from the United States; noth¬
ing being asked from these nations or tribes in return, except to remain
at peace with the parties hereto, which their own good and that of
their posterity require.

Article 9. The Comanche and Witchetaw nations and their asso- jc Relations with Mex-
ciated bands or tribes, of Indians, agree, that their entering into this lco‘
treaty shall in no respect interrupt their friendly relations with the
Republic of Mexico, where they all frequently hunt and the Comanche
nation principally inhabit; and it is distinctly understood that the Gov¬
ernment of the United States desire that perfect peace shall exist be¬
tween the nations or tribes named in this article and the said republic.

Article 10. This treaty shall be obligatory- on the nations or tribes raj^fatory when
parties hereto from and after the date hereof, and on the United States ra e '
from and after its ratification by the Government thereof.

324

TREATY WITH THE CHEROKEE, 1835.

Dec. 29, 1835.
7 Stat., 478.
Proclamation,
23, 1836.

Preamble.

TREATY WITH THE CHEROKEE, 1835.

_ Articles of a treaty , concluded at New Echota in the State of Georgia

on the 29th day of Dear. 1835 by General William Carroll and John
May F. Schermerhorn commissioners on the part of the United States anC
the Chiefs Head Men and People of the Cherokee tribe of Indians.

Whereas the Cherokees are anxious to make some arrangements
with the Government of the United States whereby the difficulties they
have experienced by a residence within the settled parts of the United
States under the jurisdiction and laws of the State Governments may
be terminated and adjusted; and with a view to reuniting their people
in one bod}^ and securing a permanent home for themselves and their
posterity in the country selected by their forefathers without the ter¬
ritorial limits of the State sovereignties, and where they can establish
and enjoy a government of their choice and perpetuate such a state of
society as may be most consonant with their views, habits and condi¬
tion; and as may tend to their individual comfort and their advance¬
ment in civilization.

And whereas a delegation of the Cherokee nation composed of
Messrs. John Ross Richard Taylor Danl. McCoy Samuel Gunter and
William Rogers with full power and authority to conclude a treaty
with the Uni ed States did on the 28th day of February 1835 stipulate
and agree with the Government of the United States to submit to the
Senate to fix the amount which should be allowed the Cherokees for
their claims and for a cession of their lands east of the Mississippi
river, and did agree to abide by the award of the Senate of the United
States themselves and to recommend the same to their people for their
final determination.

And whereas on such submission the Senate advised “that a sum not
exceeding five millions of dollars be paid to the Cherokee Indians for
all their lands and possessions east of the Mississippi river. ”

And whereas this delegation after said award of the Senate had been
made, were called upon to submit propositions as to its disposition to
be arranged in a treaty which they refused to do, but insisted that the
same “should be referred to their nation and there in general council
to deliberate and determine on the subject in order to ensure harmony
and good feeling among themselves.”

And whereas a certain other delegation composed of John Ridge
Elias Boudinot Archilla Smith S. W. Bell John West Wm. A. Davis
and Ezekiel West, who represented that portion of the nation in favor
of emigration to the Cherokee country west of the Mississippi entered
into propositions for a treaty with John F. Schermerhorn commis¬
sioner on the part of the United States which were to be submitted to
their nation for their final action and determination:

And whereas the Cherokee people, at their last October council at
Red Clay, fully authorized and empowered a delegation or committee
of twenty persons of their nation to enter into and conclude a treaty
with the United States commissioner then present, at that place or else¬
where and as the people had good reason to believe that a treaty would
then and there be made or at a subsequent council at New Echota which
the commissioners it was well known and understood, were authorized
and instructed to convene for said purpose; and since the said delega¬
tion have gone on to Washington city, with a view to close negotiations
there, as stated by them notwithstanding they were officially informed
by the United States commissioner that they would not be received by
the President of the United States; and that the Government would
transact no business of this nature with them, and that if a treaty was
made it must be done here in the nation, where the delegation at Wash¬
ington last winter urged that it should be done for the purpose of pro-

TREATY WITH THE CHEROKEE, 1835.

325

moting peace and harmony among the people / and since these facts
have also been corroborated to ns by a communication recently received
by the commissioner from the Government of the United States and
read and explained to the people in open council and therefore believ¬
ing said delegation can effect nothing and since our difficulties are
daily increasing and our situation is rendered more and more precarious
uncertain and insecure in consequence of the legislation of the States;
and seeing no effectual way of relief, but in accepting the liberal over¬
tures of the United States.

And whereas Genl William Carroll and John F. Schermerhorn were
appointed commissioners on the part of the United States, with full
power and authority to conclude a treaty with the Cherokees east and
were directed by the President to convene the people of the nation in
general council at New Echota and to submit said propositions to them
with power and authority to vary the same so as to meet the views of
the Cherokees in reference to its details.

And whereas the said commissioners did appoint and notify a general
council of the nation to convene at New Echota on the 21st day of
December 1835; and informed them that the commissioners would be
prepared to make a treaty with the Cherokee people who should
assemble there and those who did not come they should conclude gave
their assent and sanction to whatever should be transacted at this coun¬
cil and the people having met in council according to said notice.

Therefore the following articles of a treaty are agreed upon and con¬
cluded between William Carroll and John F. Schermerhorn commis¬
sioners on the part of the United States and the chiefs and head men
and people of the Cherokee nation in general council assembled this
29th day of Deer 1835.

Article 1. The Cherokee nation hereby cede relinquish and convey quStounited states
to the United States all the lands owned claimed or possessed by them an their lands east of
east of the Mississippi river, and hereby release all their claims upon the Mississippi,
the United States for spoliations of every kind for and in considera¬
tion of the sum of five millions of dollars to be expended paid and
invested in the manner stipulated and agreed upon in the following
articles But as a question has arisen between the commissioners and.
the Cherokees whether the Senate in their resolution by which they
advised “ that a sum not exceeding five millions of dollars be paid to
the Cherokee Indians for all their lands and possessions east of the
Mississippi river” have included and made any allowance or considera¬
tion for claims for spoliations it is therefore agreed on the part of the
United States that this question shall be again submitted to the Senate
for their consideration and decision and if no allowance was made for
spoliations that then an additional sum of three hundred thousand
dollars be allowed for the same.

Article 2. Whereas by the treaty of May 6th 1828 and the supple- Jgg*
mentary treaty thereto of Feb. 14th 1833 with the Cherokees west of to. " ’

the Mississippi the United States guarantied and secured to be con¬
veyed by patent, to the Cherokee nation of Indians the following tract
of country u Beginning at a point on the old western territorial line of
Arkansas*Territory being twenty-five miles north from the point where
the territorial line crosses Arkansas river, thence running from said
north point south on the said territorial line where the said teiritoiial
line crosses Verdigris river; thence down said Verdigris river to the
Arkansas river; thence down said Arkansas to a point wheie a stone
is placed opposite the east or lower bank of Grand river at its junction
with the Arkansas; thence running south forty-four degrees west one
mile- thence in a straight line to a point four miles northerly, from the
mouth of the north fork of the Canadian; thence^ along the said four
mile line to the Canadian; thence down the Canadian to the Arkansas;
thence down the Arkansas to that point on the Arkansas where the

326

TEEATY WITH THE CHEEOKEE, 1835.

eastern Choctaw boundary strikes said river and running thence with the
western line of Arkansas Territory as now defined, to the southwest
corner of Missouri; thence along the western Missouri line to the land
assigned the Senecas; thence on the south line of the Senecas to Grand
river; thence up said Grand river as far as the south line of the Osage
reservation, extended if necessary; thence up and between said south
Osage line extended west if necessary, and a line drawn due west from
the point of beginning to a certain distance west, at which a line
running north and south from said Osage line to said due west line
will make seven millions of acres within the whole described bounda¬
ries. In addition to the seven millions of acres of land thus provided
for and bounded, the United States further guaranty to the. Cherokee
nation a perpetual outlet west, and a free and unmolested use of all the
country west of the western boundary of said seven millions of acres,
as far west as the sovereignty of the United States and their right of
soil extend:

Proviso- Provided however That if the saline or salt plain on the western

prairie shall fall within said limits prescribed for said outlet, the right
is reserved to the United States to permit other tribes of red men to
get salt on said plain in common with the Cherokees; And letters pat¬
ent shall be issued by the United States as soon as practicable for the
land hereby guarantied.”

conve* ed1 to And whereas it is apprehended by the Cherokees that in the above

tionTetc. 0 e Ha cession there is not contained a sufficient quantity of land for the
accommodation of the whole nation on their removal west of the Mis¬
sissippi the United States in consideration of the sum of five hundred
thousand dollars therefore hereby covenant and agree to convey to the
said Indians, and their descendants by patent, in fee simple the fol¬
lowing additional tract of land situated between the y^est line of the
State of Missouri and the Osage reservation beginning at the southeast
corner of the same and runs north along the east line of the Osage
lands fifty miles to the northeast corner thereof; and thence east to
the west line of the State of Missouri; thence with said line south fifty
miles; thence west to the place of beginning; estimated to contain eight
hundred thousand acres of land; but it is expressly understood that if
any of the lands assigned the Quapaws shall fall within the aforesaid
bounds the same shall be reserved and excepted out of the lands above
granted and a pro rata reduction shall be made in the price to be
allowed to the United States for the same by the Cherokees.

Further agreement. Article 3. The United States also agree that the lands above ceded
by the treaty of Feb. 14 1833, including the outlet, and those ceded by
this treaty shall all be included in one patent executed to the Cherokee
nation of Indians by the President of the United States according to
1830, ch. 148. the provisions of the act of May 28 1830. It is, however, agreed that
the military reservation at Fort Gibson shall be held by the United
States. But should the United States abandon said post and have no
further use for the same it shall revert to the Cherokee nation. The
United States shall always have the right to make and establish such
Right to establish post and military roads and forts in any part of the Cherokee country,
forts, etc. ag ^ey raay deem proper for the interest and protection of the same

and the free use of as much land, timber, fuel and materials of
all kinds for the construction and support of the same as may be
necessary; provided that if the private rights of individuals are inter¬
fered with, a just compensation therefor shall be made,
vatfols totlebet0extin- Article 4. The United States also stipulate and agree to extinguish
gaished. for the benefit of the Cherokees the titles to the reservations within

their country made in the Osage treaty of 1825 to certain half-breeds
and for this purpose they hereby agree to pay to the persons to whom
the same belong or have been assigned or to their agents or guardians
whenever they shall execute after the ratification of this tieaty a satis-

327

TREATY WITH THE CHEROKEE, 1835.

factory conveyance for the same, to the United States, .the sum of fif¬
teen thousand dollars according to a schedule accompanying this treaty
of the relative value of the several reservations.

And whereas by the several treaties between the United States and
the Osage Indians the Union and Harmony Missionary reservations
which were established for their benefit are now situated within the
country ceded by them to the United States; the former being situated
in the Cherokee country and the latter in the State of Missouri. It is
°re- aoreec* that the United States shall pay the American Board
of Commissioners for Foreign Missions for the improvements on the
same what they shall be appraised at by Capt. Geo. Vashon Cherokee
t Abraham Redfield and A. P. Chouteau or such persons as
the President of the United States shall appoint and the money allowed
for the same shall be expended in schools among the Osages and
improving their condition. It is understood that the United States
are to pay the amount allowed for the reservations in this article and
not the Cherokees.

Missionary reserva¬
tions to be paid for.

Article 5. The United States hereby covenant and agree that the
lands ceded to the Cherokee nation in the forgoing article shall, in no
future time without their consent, be included within the territorial
limits or jurisdiction of any State or Territory. But they shall secure
to the Cherokee nation the right by their national councils to make and
carry into effect all such laws as they may deem necessary for the
government and protection of the persons and property within their
own country belonging to their people or such persons as have con¬
nected themselves with them: provided always that they shall not be
inconsistent with the constitution of the United States "and such acts
of Congress as have been or may be passed regulating trade and inter¬
course with the Indians; and also, that they shall not be considered as
extending to such citizens and army of the United States as may travel
or reside in the Indian country by permission according to the laws
and regulations established by the" Government of the same.

Article 6. Perpetual peace and friendship shall exist between the
citizens of the United States and the Cherokee Indians. The United
States agree to protect the Cherokee nation from domestic strife and
foreign enemies and against intestine wars between the several tribes.
The Cherokees shall endeavor to preserve and maintain the peace of
the country and not make war upon their neighbors they shall also be
protected against interruption and intrusion from citizens of the United
States, who may attempt to settle in the country without their con¬
sent; and all such persons shall be removed from the same by order
of the President of the- United States. But this is not intended to

Lands permanently
ceded to the nation.

Peace to be pre¬
served.

prevent the residence among them of useful farmers mechanics and
teachers for the instruction of Indians according to treaty stipulations.

Article 7. The Cherokee nation having already made great progress a congress mayanow
in civilization and deeming* it important that every proper and laudable cherote/natkS. 1 e
inducement should be offered to their people to improve their condition
as well as to guard and secure in the most effectual manner the rights
guarantied to them in this treaty, and with a view to illustrate the liberal
and enlarged policy of the Government of the United States towards
the Indians in their removal beyond the territorial limits of the States,
it is stipulated that they shall be entitled to a delegate in the House of
Representatives of the United States whenever Congress shall make
provision for the same.

Article 8. The United States also agree and stipulate to remove the t0£bXePpaid by S3
Cherokees to their new homes and to subsist them one year after their states,
arrival there and that a sufficient number of steamboats and baggage-
wagons shall be furnished to remove them comfortably, and so as not to
endanger their health, and that a physician well supplied with medicines
shall accompany each detachment of emigrants removed by the Govern-

328

TREATY WITH THE CHEROKEE, 1835.

ment. Such persons and families as in the opinion of the emigrating
agent are capable of subsisting and removing themselves shall be per¬
mitted to do so; and they shall be allowed in full for all claims for the
same twenty dollars for each member of their family; and in lieu of
their one year’s rations they shall be paid the sum of thirty-three dollars
and thirty -three cents if they prefer it.

Such Cherokees also as reside at present out of the nation and shall
remove with them in two years west of the Mississippi shall be entitled
to allowance for removal and subsistence as above provided,
prof ement°s made Article 9. The United States agree to appoint suitable agents who
the Cherokee. e J shall make a just and fair valuation of all such improvements now in
the possession of the Cherokees as add any value to the lands; and also
of the ferries owned by them, according to their net income; and such
improvements and ferries from which they have been dispossessed in a
lawless manner or under any existing laws of the State where the same
may be situated.

The just debts of the Indians shall be paid out of any monies due
them for their improvements and claims; and they shall also be fur¬
nished at the discretion of the President of the U nited States with a
sufficient sum to enable them to obtain the necessary means to remove
themselves to their new homes, and the balance of their dues shall
be paid them at the Cherokee agency west of the Mississippi. The
missionary establishments shall also be valued and appraised in a like
manner and the amount of them paid over by the United States to the
treasurers of the respective missionary societies by whom they have
been established and improved in order to enable them to erect such
buildings and make such improvements among the Cherokees west of
the Mississippi as they may deem necessary for their benefit. Such
teachers at present among the Cherokees as this council shall select and
designate shall be removed west of the Mississippi with the Cherokee
nation and on the same terms allowed to them.

Tbe President to Article 10. The President of the United States shall invest in some
productiv^stock!^ m safe and most productive public stocks of the country for the benefit
of the whole Cherokee nation who have removed or shall remove to
the lands assigned by this treaty to the Cherokee nation west of the
Mississippi the following sums as a permanent fund for the purposes
hereinafter specified and pay over the net income of the same annually
to such person or persons as shall be authorized or appointed by the
Cherokee nation to receive the same and their receipt shall be a full
discharge for the amount paid to them viz: the sum of two hundred
thousand dollars in addition to the present annuities of the nation to
constitute a general fund the interest of which shall be applied annually
by the council of the nation to such purposes as they may deem best for
the general interest of their people. The sum of fifty thousand dollars
to constitute an orphans’ fund the annual income of which shall be
expended towards the support and education of such orphan children
as are destitute of the means of subsistence. The sum of one hundred
and fifty thousand dollars in addition to the present school fund of the
nation shall constitute a permanent school fund, the interest of which
shall be applied annually by the council of the nation for the support of
common schools and such a literary institution of a higher order as may
be established in the Indian country. And in order to secure as far as
possible the true and beneficial application of the orphans’ and school
fund the council of the Cherokee nation when required by the President
of the United States shall make a report of the application of those
funds and he shall at all times have the right if the funds have been
misapplied to correct any abuses of them and direct the manner of their
application for the purposes for which they were intended. The council
of the nation may by giving two years’ notice of their intention with¬
draw their funds by and with the consent of the President and Senate

TREATY WITH THE CHEEOKEE, 1835.

329

of the United States, and invest them in such manner as they may deem
most proper for their interest. The U nited States also agree and stipu¬
late to pay the just debts and claims against the Cherokee nation held
by the citizens of the same and also the just claims of citizens of the
United States for services rendered to the nation and the sum of sixty
thousand dollars is appropriated for this purpose but no claims against
individual persons of the nation shall be allowed and paid by the nation
The sum of three hundred thousand dollars is hereby set apart to pay
and liquidate the just claims of the Cherokees upon the United States
for spoliations of every kind, that have not been already satisfied under
former treaties.

Article 11. The Cherokee nation of Indians believing it will be for
the interest of their people to have all their funds and annuities under
their own direction and future disposition hereby agree to commute
their permanent annuity of ten thousand dollars for the sum of two
hundred and fourteen thousand dollars, the same to be invested by the
President of the United States as a part of the general fund of the
nation; and their present school fund amounting to about fifty thou¬
sand dollars shall constitute a part of the permanent school fund of
the nation.

Article 12. Those individuals and families of the Cherokee nation
that are averse to a removal to the Cherokee country west of the Mis¬
sissippi and are desirous to become citizens of the States where they
reside and such as are qualified to take care of themselves and their
property shall be entitled to receive their due portion of all the per¬
sonal benefits accruing under this treaty for their claims, improvements
and per capita; as soon as an appropriation is made for this treaty.

Such heads of Cherokee families as are desirous to reside within the
States of No. Carolina Tennessee and Alabama subject to the laws of
the same; and who are qualified or calculated to become useful citizens
shall be entitled, on the certificate of the commissioners to a pre¬
emption right to one hundred and sixty acres of land or one quarter
section at the minimum Congress price; so as to include the present
buildings or improvements of those who now reside there and such as
do not live there at present shall be permitted to locate within two
37ears any lands not already occupied by persons entitled to pre-emption
privilege under this treaty and if two or more families live on the same
quarter section and they desire to continue their residence in these
States and are qualified as above specified they shall, on receiving their
pre-emption certificate be entitled to the right of pre-emption to such
lands as they may select not already taken by any person entitled to
them under this treaty.

It is stipulated and agreed between the United States and the Chero¬
kee people that John Ross James Starr George Hicks John Gunter
George Chambers John Ridge Elias Boudinot George Sanders John
Martin William Rogers Roman Nose Situwake and John Timpson
shall be a committee on the part of the Cherokees to recommend such
persons for the privilege of pre-emption rights as may be deemed
entitled to the same under the above articles and to select the mission¬
aries who shall be removed with the nation; and that they be hereby
fully empowered and authorized to transact all business on the part
of the Indians which may arise in carrying into effect the provisions
of this treaty and settling the same with the United States. If any
of the persons above mentioned should decline acting or be removed
by death; the vacancies shall be filled by the committee themselves.

It is also understood and agreed that the sum of one hundred thou¬
sand dollars shall be expended by the commissioners in such manner
as the committee deem best for the benefit of the poorer class of
Cherokees as shall remove west or have removed west and are entitled
to the benefits of this treaty. The same to be delivered at the Chero¬
kee agency west as soon after the removal of the nation as possible.

Commutation of
school fund.

Provision respecting
Cherokees averse to
removal.

330

TREATY WITH THE CHEROKEE, 1835.

Settlement of claims
for former reserva¬
tions.

Pensions to certain
warriors.

Funds to be divided
among the Indians.

Article 13. In order to make a final settlement of all the claims of
the Cherokees for reservations granted under former treaties to any
individuals belonging to the nation by the United States it is therefore
hereby stipulated and agreed and expressly understood by the parties
to this treaty — that all the Cherokees and their heirs and descendants
to whom any reservations have been made under any former treaties
with the United States, and who have not sold or conveyed the same
by deed or otherwise and who in the opinion of the commissioners
have complied with the terms on which the reservations were granted
as far as practicable in the several cases; and which reservations have
since been sold by the United States shall constitute a just claim
against the United States and the original reservee or their heirs or
descendants shall be entitled to receive the present value thereof from
the United States as unimproved lands. And all such reservations as
have not been sold by the United States and where the terms on which
the reservations were made in the opinion of the commissioners have
been complied with as far as practicable, they or their heirs or descend¬
ants shall be entitled to the same. They are hereby granted and con¬
firmed to them — and also all persons who were entitled to reservations
under the treaty of 1817 and who as far as practicable in the opinion
of the commissioners, have complied with the stipulations of said
treaty, although by the treaty of 1819 such reservations were included
in the uncedea lands belonging to the Cherokee nation are hereby
confirmed to them and they shall be entitled to receive a grant for the
same. And all such reservees as were obliged by the laws of the
States in which their reservations were situated, to abandon the same
or purchase them from the States shall be deemed to have a just claim
against the United States for the amount by them paid to the States
with interest thereon for such reservations and if obliged to abandon
the same, to the present value of such reservations as unimproved
lands but in all cases where the reservees have sold their reservations
or any part thereof and conveyed the same by deed or otherwise and
have been paid for the same, they their heirs or descendants or their
assigns shall not be considered as having any claims upon the United
States under this article of the treaty nor be entitled to receive any
compensation for the lands thus disposed of. It is expressly under¬
stood by the parties to this treaty that the amount to be allowed for
reservations under this article shall not be deducted out of the con¬
sideration money allowed to the Cherokees for their claims for spolia¬
tions and the cession of their lands; but the same is to be paid for
independently by the United States as it is only a just fulfilment of
former treaty stipulations.

Article 14. It is also agreed on the part of the United States that
such warriors of the Cherokee nation as were engaged on the side of
the United States in the late war with Great Britain and the southern
tribes of Indians, and who were wounded in such service shall be
entitled to such pensions as shall be allowed them by the Congress of
the United States to commence from the period of their disability.

Article 15. It is expressly understood and agreed between the
parties to this treaty that after deducting the amount which shall be
actually expended for the payment for improvements, ferries, claims,
for spoliations, removal subsistence and debts and claims upon the
Cherokee nation and for the additional quantity of lands and goods
for the poorer class of Cherokees and the several sums to be invested
for the general national funds; provided for in the several articles of
this treaty the balance whatever the same may be shall be equally
divided between all the people belonging to the Cherokee nation east
according to the census ]ust completed; and such Cherokees as have
removed west since June 1833 who are entitled by the terms of their
enrolment and removal to all the benefits resulting from the final

TREATY WITH THE CHEROKEE, 1835.

331

treaty between the United States and the Cherokees east they shall
also be paid for their improvements according to their approved value
before their removal where fraud has not already been shown in their
valuation.

Article 16. It is hereby stipulated and agreed by the Cherokees ■ Indians t0 remove
that they shall remove to their new homes within two years from the Jn woyears'
ratification of this treaty and that during such time the United States
shall protect and defend them in their possessions and property and
free use and occupation of the same and such persons as have been
dispossessed of their improvements and houses; and for which no
grant has actual^ issued previously to the enactment of the law of
the State of Georgia, of December 1835 to regulate Indian occupancy
shall be again put in possession and placed in the same situation and
condition, in reference to the laws of the State of Georgia, as the
Indians that have not been dispossessed; and if this is not done, and
the people are left unprotected, then the United States shall pay the
several Cherokees for their losses and damages sustained by them in
consequence thereof. And it is also stipulated and agreed that the
public buildings and improvements on which they are situated at New
Echota for which no grant has been actually made previous to the
passage of the above recited act if not occupied by the Cherokee peo¬
ple shall be reserved for the public and free use of the United States
and the Cherokee Indians for the purpose of settling and closing all
the Indian business arising under this treaty between the commission¬
ers of claims and the Indians.

The United States, and the several States interested in the Cherokee
lands, shall immediately proceed to survey the lands ceded by this
treaty; but it is expressly agreed and understood between the parties
that the agency buildings and that tract of land surve}^ed and laid off
for the use of Colonel R. J. Meigs Indian agent or heretofore enjoyed
and occupied by his successors in office shall continue subject to the
use and occupancy of the United States, or such agent as may be
engaged specially superintending the removal of the tribe.

Article 17. All the claims arising under or provided for in the EeSiSS9.ners t0
several articles of this treaty, shall be examined and adjudicated by
such commissioners as shall be appointed by the President of the
United States by and with the advice and consent of the Senate of the
United States for that purpose and their decision shall be final and on
their certificate of the amount due the several claimants they shall be
paid by the United States. All stipulations in former treaties which
have not been superseded or annulled by this shall continue in full
force and virtue.

Article 18. Whereas in consequence of the unsettled affairs of the makeiteadlancLeSfo?
Cherokee people and the early frosts, their crops are insufficient to sup- provisions, clothing,
port their families and great distress is likely to ensue and whereas the e c'
nation will not, until after their removal be able advantageously to
expend the income of the permanent funds of the nation it is therefore
agreed that the annuities of the nation which may accrue under this
treaty for two years, the time fixed for their removal shall be expended
in provision and clothing for the benefit of the poorer class of the
nation; and the United States hereby agree to advance the same for
that purpose as soon after the ratification of this treaty as an appropria¬
tion for the same shall be made. It is however not intended in this
article to interfere with that part of the annuities due the Cherokees
west by the treatv of 1819.

Article 19. This treaty after the same shall be ratified by the Presi- whTerneraa^ebdinding
dent and Senate of the United States shall be obligatory on the con¬
tracting parties.

Article 20. [Supplemental article. Stricken out by Senate.]

332

TREATY WITH THE CHEROKEE, 1835.

Dec. 31, 1835.

7 Stat., 487.

March 1, 1836.

7 Stat., 488.
Proclamation, May
23, 1836.

Preemption rights
declared void.

Whereas the western Cherokees have appointed a delegation to visit
the eastern Cherokees to assure them of the friendly disposition of their
people and their desire that the nation should again be united as one
people and to urge upon them the expediency of accepting the overtures
of the Government; and that, on their removal they may be assured of
a hearty welcome and an equal participation with them in all the benefits
and privileges of the Cherokee country west and the undersigned two
of said delegation being the only delegates in the eastern nation from
the west at the signing and sealing of the treaty lately concluded at
New Echota between their eastern brethren and the United States; and
having fully understood the provisions of the same they agree to it in
behalf of the western Cherokees. But it is expressly understood that
nothing in this treaty shall affect any claims of the western Cherokees
on the United States.

Schedule and estimated value of the Osage half-breed reservations within the territory
ceded to the Cherokees west of the Mississippi, ( referred to in article 5 on the foregoing
treaty,) viz:

Augustus Clamont, one section . . $6, 000

James “ “ “ 1,000

Paul “ “ “ 1,300

Henry “ “ “ 800

Anthony “ “ “ 1,800

Rosalie “ “ “ 1,800

Emilia D, of Mihanga . 1, 000

Emilia D, of Shemianga . . . 1, 300

$15, 000

I hereby certify that the above schedule is the estimated value of the Osage reser¬
vations; as made out and agreed upon with Col. A. P. Choteau who represented
himself as the agent or guardian of the above reservees.

J. F. SCHERMERHORN.

March 14, 1835.

Supplementary articles to a treaty concluded at New Echota , Georgia ,

December 29, 1885, between the United States and Cherokee people.

Whereas the undersigned were authorized at the general meeting
of the Cherokee people held at New Echota as above stated, to make
and assent to such alterations in the preceding treaty as might be
thought necessary, and whereas the President of the United States
has expressed his determination not to allow any pre-emptions or
reservations his desire being that the whole Cherokee people should
remove together and establish themselves in the country provided for
them west of the Mississippi river.

Article 1. It is therefore agreed that all the pre-emption rights and
reservations provided for in articles 12 and 13 shall be and are hereby
relinquished and declared void.

Article 2. Whereas the Cherokee people have supposed that the
sum of five millions of dollars fixed by the Senate in their resolution of
- day of March, 1835, as the value of the Cherokee lands and pos¬
sessions east of the Mississippi river was not intended to include the
amount which may be required to remove them, nor the value of cer¬
tain claims which many of their people had against citizens of the
United States, which suggestion has been confirmed by the opinion
expressed to the War Department by some of the Senators who voted
upon the question and whereas the President is willing that this sub¬
ject should be referred to the Senate for their consideration and if it
was not intended by the Senate that the above-mentioned sum of five

TREATY WITH THE POTAWATOMI, 1836.

333

millions of dollars should include the objects herein specified that in
that case such further provision should be made therefor as might
appear to the Senate to be just.

Article 3. It is therefore agreed that the sum of six hundred thou¬
sand dollars shall be and the same is hereby allowed to the Cherokee
people to include the expense of their removal, and all claims of every
nature and description against the Government of the United States
not herein otherwise expressty provided for, and to be in lieu of the
said reservations and pre-emptions and of the sum of three hundred
thousand dollars for spoliations described in the 1st article of the above-
mentioned treaty. This sum of six hundred thousand dollars shall be
applied and distributed agreeably to the provisions of the said treaty,
and any surplus which may remain after removal and payment of the
claims so ascertained shall be turned over and belong to the education
fund.

But it is expressly understood that the subject of this article is
merely referred hereby to the consideration of the Senate and if they
shall approve the same then this supplement shall remain part of the
treaty.

Article 4. It is also understood that the provisions in article 16,
for the agency reservation is not intended to interfere with the occu¬
pant right of any Cherokees should their improvement fall within
the same.

It is also understood and agreed, that the one hundred thousand
dollars appropriated in article 12 for the poorer class of Cherokees and
intended as a set-off to the pre-emption rights shall now be transferred
from the funds of the nation and added to the general national fund of
four hundred thousand dollars so as to make said fund equal to five
hundred thousand dollars.

Article 5. The necessary expenses attending the negotiations of
the aforesaid treaty and supplement and also of such persons of the
delegation as may sign the same shall be defrayed by the United States.

.TREATY WITH THE POTAWATOMI, 1836.

Articles of a treaty made and concluded at camp in Turkey Greek
Prairie, in the State of Indiana, between Abel C. Peppen' commis¬
sioner of the United States and Mes-guaw-buck , a chief of the Potta-
watamy tribe of Indians and his band, on twenty-sixth day of March,
in the year eighteen hundred and thirty -six.

Art. 1. The above named chief and his band hereby cede to the
United States the four sections of land reserved for them by the second
article of the treaty between the United States and the Pottawatamy
Indians, on Tippecanoe river on the twenty-seventh day of October
1832.

Art. 2. In consideration of the cession aforesaid the United States
stipulate to pay the above named chief and his band the sum of twenty -
five hundred and sixty dollars in specie at the next payment of annuity
after the ratification of this treaty.

Art. 3. The United States stipulate to provide for the payment of the
necessary expenses attending the making and concluding this treaty.

Art. 4. The above named chief and his band agree to yield peace¬
able possession of the above sections of land and remove to the country
west of the Mississippi provided for the Pottawatamy nation by the

United States, within two years from this date.

Art. 5. This treaty shall be binding upon both parties from the date
of its ratification by the President and Senate of the United States.
Art. 6. [Stricken out by Senate.]

Allowance in lieu
of preemptions, etc.

Provisions for agen¬
cy reservations not to
interfere, etc.

Expense of negotia¬
tions to be defrayed
by the United States.

Mar. 26, 1836.

7 Stat. , 490.
Proclamation, June
4,1836.

Cession of land to
United States.

Payment therefor.

Expenses of this
treaty to be paid by
United States.

Indians to remove
within two years.

Treaty binding
when ratified.

334

TREATY WITH THE OTTAWA, 1836.

TREATY WITH OTTAWA, ETC., 1836.

7 Stat., 491.
Proclamation, May
27, 1836.

Articles of a treaty made amd concluded at the city of Washington in the
District of Columbia , between Henry It. Schoolcraft, commissioner
on the ■part of the United States , and the Ottawa and Chippewa
nations of Indians , by their chiefs and delegates.

Article First. The Ottawa and Chippewa nations of Indians cede
to the United States all the tract of country within the following bound¬
aries: Beginning at the mouth of Grand river of Lake Michigan on the
north bank thereof, and following up the same to the line called for, in
the first article of the treaty of Chicago of the 29th of August 1821,
thence, in a direct line, to the head of Thunder- bay river, thence with
the line established by the treaty of Saganaw of the 24th of September
1819, to the mouth of said river, thence northeast to the boundary line
in Lake Huron between the United States and the British province of
Upper Canada, thence northwestwardly, following the said line, as
established by the commissioners acting under the treaty of Ghent,
through the straits, and river St. Mary’s, to a point in Lake Superior
north of the mouth of Gitcky Seebing, or Chocolate river, thence south
to the mouth of said river and up its channel to the source thereof,
thence, in a direct line to the head of the Shonawba river of Green bay, .
thence down the south bank of said river to its mouth, thence, in a
direct line, through the ship channel into Green bay, to the outer part
thereof, thence south to a point in Lake Michigan west of the north
cape, or entrance of Grand river, and thence east to the place of begin¬
ning, at the cape aforesaid, comprehending all the lands and islands,
within these limits, not hereinafter reserved.

Reservations in com- Article Second. From the cession aforesaid the tribes reserve for
their own use, to be held in common the following tracts for the term
of five years from the date of the ratification of this treaty, and no
longer; unless the United States shall grant them permission to
remain on said lands for a longer period, namely: One tract of fifty
thousand acres to be located on Little Traverse bay: one tract of
twenty thousand acres to be located on the north shore of Grand
Traverse bay, one tract of seventy thousand acres to be located on, or,
north of the Pieire Marquetta river, one tract of one thousand acres
to be located by Chingassanoo, — or the Big Sail, on the Cheboigan.
One tract of one thousand acres, to be located by Mujeekewis, on
Thunder-bay river.

chieseewasi011s for Article Third. There shall also be reserved for the use of the
Chippewas living north of the straits of Michilimackinac, the follow¬
ing tracts for the term of five years from the date of the ratification
of this treaty, and no longer, unless the United States shall grant
them permission to remain on said lands for a longer period, that is to
say: Two tracts of three miles square each, on the north shores of the
said straits, between Point-au-Barbe and Mille Coquin river, includ¬
ing the fishing grounds in front of such reservations, to be located by
a council of the chiefs. The Beaver islands of Lake Michigan for the
use of the Beaver-island Indians. Round island, opposite Michilimacki¬
nac, as a place of encampment for the Indians, to be under the charge of
the Indian department. The islands of the Chenos , with a part of the
adjacent north coast of Lake Huron, corresponding in length, and one
mile in depth. Sugar island, with its islets, in the river of St. Mary’s.
Six hundred and forty acres, at the mission of the Little Rapids. A
tract commencing at the mouth of the Pississowining river, south of
Point Iroquois, thence running up said stream to its forks, thence
westward, in a direct line to the Red water lakes, thence across the
portage to the Tacquimenon river, and down the same to its mouth,

335

TREATY WITH THE OTTAWA, 1836.

including the small islands and fishing grounds, in front of this reser¬
vation. Six hundred and forty acres, on Grand island, and two
thousand acres, on the main land south of it. Two sections, on the
northern extremity of Green bay, to be located by a council of the
chiefs. All the locations, left indefinite by this, and the preceding
articles, shall be made by the proper chiefs, under the direction of the
President. It is understood that the reservation for a place of fishing
and encampment, made under the treaty of St. Mary’s of the 16th of
June 1820, remains unaffected by this treaty.

Article Fourth. In consideration of the foregoing cessions, the
United States engage to pay to the Ottawa and Chippewa nations, the
following sums, namely. 1st. An annuity of thirty thousand dollars
per annum, in specie, for twenty years; eighteen thousand dollars, to
be paid to the Indians between Grand River and the Cheboigun; three
thousand six hundred dollars, to the Indians on the Huron shore,
between the Cheboigan and Thunder-bay river; and seven thousand
four hundred dollars, to the Chippewas north of the straits, as far as
the cession extends; the remaining one thousand dollars, to be invested
in stock by the Treasury Department and to remain incapable of being
sold, without the consent of the President and Senate, which may,
however, be given, after the expiration of twenty-one years. 2nd.
Five thousand dollars per annum, for the purpose of education, teach¬
ers, school-houses, and books in their own language, to be continued
twenty years, and as long thereafter as Congress may appropriate for
the object. 3rd. Three thousand dollars for missions, subject to the
conditions mentioned in the second clause of this article. 4th. Ten
thousand dollars for agricultural implements, cattle, mechanics’ tools,
and such other objects as the President may deem proper. 5th. Three
hundred dollars per annum for vaccine matter, medicines, and the serv¬
ices of physicians, to be continued while the Indians remain on their
reservations. 6th. Provisions to the amount of two thousand dollars;
six thousand five hundred pounds of tobacco; one hundred barrels of
salt, and five hundred fish barrels, annually, for twenty years. Tth.
One hundred and fift}?- thousand dollars, in goods and provisions, on
the ratification of this treaty, to be delivered at Michilimackinac, and
also the sum of two hundred thousand dollars, in consideration of
changing the permanent reservations in article two and three to reser¬
vations for five years only, to be paid whenever their reservations
shall be surrendered, and until that time the interest on said two hun¬
dred thousand dollars shall be annually paid to the said Indians.

Article Fifth. The sum of three hundred thousand dollars shall
be paid to said Indians to enable them, with the aid and assistance of
their agent, to adjust and pay such debts as they may justly owe, and
the overplus, if any, to apply to such other use as they may think
proper.

Article Sixth. The said Indians being desirous of making provi¬
sion for their half-breed relatives, and the President having deter¬
mined, that individual reservations shall not be granted, it is agreed,
that in lieu thereof, the sum of one hundred and fifty thousand dol¬
lars shall be set apart as a fund for said half-breeds. No person shall
be entitled' to any part of said fund, unless he is of Indian descent
and actually resident within the boundaries described in the first arti¬
cle of this treaty, nor shall any thing be allowed to any such person,
who may have received any allowance at any previous Indian treaty.
The following principles, shall regulate the distribution. A census
shall be taken of all the men, women, and children, coming within
this article. As the Indians hold in higher consideration, some of
their half-breeds than others, and as there is much difference in their
capacity to use and take care of property, and, consequently, in their
power to aid their Indian connexions, which furnishes a strong ground

Payments to be
made to the Indians.

Payment of claims
against the Indians.

Provision for half-
breeds, etc.

336

TREATY WITH THE OTTAWA, 1836.

Two additional
blacksmiths, etc.

Locations to be
sought lor; payment
for improvements, etc.

for this claim, it is, therefore, agreed, that at the council to be held
upon this subject, the commissioner shall call upon the Indian chiefs to
designate, if they require it, three classes of these claimants, the first
of which, shall receive one-half more than the second, and the second,
double the third. Each man woman and child shall be enumerated,
and an equal share, in the respective classes, shall be allowed to each.
If the father is living with the family, he shall receive the shares of
himself, his wife and children. If the father is dead, or separated
from the family, and the mother is living with the family, she shall
have her own share, and that of the children. If the father and mother
are neither living with the family, or if the children are orphans, their
share shall be retained till they are twenty-one years of age; pro¬
vided, that such portions of it as may be necessary may, under the
direction of the President, be from time to time applied for their sup¬
port. All other persons at the age of twenty-one years, shall receive
their shares agreeably to the proper class. "Out of the said fund of
one hundred and fifty thousand dollars, the sum of five thousand dol¬
lars shall be reserved to be applied, under the direction of the Presi¬
dent, to the support of such of the poor half breeds, as may require
assistance, to be expended in annual instalments for the term of ten
years, commencing with the second year. Such of the half-breeds, as
may be judged incapable of making a proper use of the money, allowed
them by the commissioner, shall receive the same in instalments, as the
President may direct.

Article Seventh. In consideration of the cessions above made, and
as a further earnest of the disposition felt to do full justice to the Indi¬
ans, and to further their well being, the United States engage to keep
two additional blacksmith-shops, one of which, shall be located on the
reservation north of Grand river, and the other at the Sault Ste. Marie.
A permanent interpreter will be provided at each of these locations.
It is stipulated to renew the present dilapidated shop at Michilimacki-
nac, and to maintain a gunsmith, in addition to the present smith’s
establishment, and to build a dormitory for the Indians visiting the
post, and appoint a person to keep it, and supply it with fire-wood.
It is also agreed, to support two farmers and assistants, and two
mechanics, as the President may designate, to teach and aid the Indi¬
ans, in agriculture, and in the mechanic arts. The farmers and
mechanics, and the dormitory, will be continued for ten years, and as
long thereafter, as the President may deem this arrangement useful
and necessary ; but the benefits of the other stipulations of this article,
shall be continued beyond the expiration of the annuities, and it is
understood that the whole of this article shall stand in force, and inure
to the benefit of the Indians, as long after the expiration of the twenty
years as Congress may appropriate for the objects.

Article Eighth. It is agreed, that as so.on as the said Indians
desire it, a deputation shall be sent to the southwest of the Missouri
River, there to select a suitable place for the final settlement of said
Indians, which country, so selected and of reasonable extent, the
United States will forever guaranty and secure to said Indians. Such
improvements as add value to the land, hereby ceded, shall be appraised,
and the amount paid to the proper Indian. * But such payment shall,
in no case, be assigned to, or paid to, a white man. If the church on
the Cheboigan, should fall within this cession, the value shall be paid
to the band owning it. The net proceeds of the sale of the one hun¬
dred and sixty acres of land, upon the Grand River upon which the
missionary society have erected their buildings, shall be paid to the
said society, in lieu of the value of their said improvements. When
the Indians wish it, the United States will remove them, at their
expence, provide them a year’s subsistence in the country to which
they go, and furnish the same articles and equipments to each person

337

TREATY WITH THE OTTAWA, 1836.

as are stipulated to be given to the Pottow, atomies in the final treaty
of cession concluded at Chicago.

Article Ninth. Whereas the Ottawas and Chippewas, feeling a
strong consideration for aid rendered by certain of their half-breeds
on Grand river, and other parts of the country ceded, and wishing to
testify their gratitude on the present occasion, have assigned such
individuals certain locations of land, and united in a strong appeal for
the allowance of the same in this treatv; and whereas no such reser¬
vations can be permitted in carrying out the special directions of the
President on this subject, it is agreed, that, in addition to the general
fund set apart for half-breed claims, in the sixth article, the sum of
forty-eight thousand one hundred and forty-eight dollars shall be paid
for the extinguishment of this class of claims, to be divided in the fol¬
lowing manner: To Rix Robinson, in lieu of a section of land, granted
to his Indian family, on the Grand river rapids, (estimated by good
judges to be .worth half a million,) at the rate of thirty-six dollars an
acre: To Leonard Slater, in trust for Chiminonoquat, for a section of
land above said rapids, at the rate of ten dollars an acre: To John A.
Drew, for a tract of one section and three quarters, to his Indian
family, at Cheboigan rapids, at the rate of four dollars; to Edward
Biddle, for one section to his Indian family at the fishing grounds, at
the rate of three dollars: To John Holiday, for five sections of land
to five persons of his Indian family, at the rate of one dollar and
twenty-five cents; to Eliza Cook, Sophia Biddle, and Mary Holiday,
one section of land each, at two dollars and fifty cents: To Augustin
Hamelin junr, being of Indian descent, two sections, at one dollar and
twenty-five cents; to William Lasley, Joseph Daily, Joseph Trotier,
Henry A. Levake, for two sections each, for their Indian families, at one
dollar and twenty-five cents: To Luther Rice, Joseph Lafrombois,
Charles Butterfield, being of Indian descent, and to George Moran,
Louis Moran, G. D. Williams, for half-breed children under their
care, and to Daniel Marsac, for his Indian child, one section each, at
one dollar and twenty-five cents.

Article Tenth. The sum of thirty thousand dollars shall be paid
to the chiefs, on the ratification of this treaty, to be divided agreeably
to a schedule hereunto annexed.

Article 'Eleventh. The Ottawas having consideration for one of
their aged chiefs, who is reduced to poverty, and it being known that
he was a firm friend of the American Government, in that quarter,
during the late war, and suffered much in consequence of his senti¬
ments, it is agreed, that an annuity of one hundred dollars per annum
shall be paid to Ningweegon or the Wing, during his natural life, in
money or goods, as he may choose. Another of the chiefs of said
nation, who attended the treaty of Greenville in 1793, and is now, at
a very advanced age, reduced to extreme want, together with his
wife, and the Government being apprized that he has pleaded a prom¬
ise of Gen. Wayne, in his behalf, it is agreed that Chusco of Michili-
mackinac shall receive an annuity of fifty dollars per annum during
his natural life.

Article Twelfth. All expenses attending the journeys of the Indians
from, and to their homes, and their visit at the seat of Government,
together with the expenses of the treaty, including a proper quantity
of clothing to be given them, will be paid by the United States.

Article Thirteenth. The Indians stipulate for the right of hunt¬
ing on the lands ceded, with the other usual privileges of occupancy,
until the land is required for settlement.

S. Doc. 452 - 22

Payment to half-
breeds in lieu of res¬
ervations.

Payment to chiefs.

Annuities to two
aged chiefs.

Expenses of this
treaty to be paid by
United States.

Right of hunting on
lands ceded.

338

TREATY WITH THE OTTAWA, 1836.

Schedule referred to , in the tenth article.

sooeach entitled to 1* The following chiefs constitute the first class, and are entitled to
receive five hundred dollars each, namely: On Grand river, Muccutay
Osha, Namatippy, Nawequa Geezhig or Noon Day, Nabun Egeezhig
son of Kewayguabowequa, Wabi Windego or the White Giant, Cawpe-
mossay or the Walker, Mukutay Oquot or Black Cloud, Megis Ininee
or Wampum-man, Winnimissagee: on the Maskigo, Osawya, and Owun
Aishcum; at L’Arbre Croche, Apawkozigun, or Smoking Weed, Niso-
wakeout, Keminechawgun ; at Grand Travers, Aishquagonabee, or the
Feather of Honor, Chabwossun, Mikenok: on the Cheboigan, Chingas-
samo, or the Big Sail; at Thunder-bay, Mujeekiwiss; on the Manistic
North, Mukons Ewyan; at Oak Point on the straits, Ains: at the Che-
nos, Chabowaywa: at Sault Ste. Marie, Iawba Wadick and Kewayzi
Shawano; at Tacquimenon, Kawgayosh; at Grand Island, Oshawun
Epenaysee, or the South Bird.

2ooeach entitled to The following chiefs constitute the second class, and are entitled
to receive two hundred dollars each, namely: On Grand river, Keesha-
owash, Nugogikaybee, Kewaytowaby, Wapoos or the Rabbit, Wabitou-
guaysay, Kewatondo, Zhaquinaw, Nawiqua Geezhig of Flat river, Ke-
naytinunk, Weenonga, Pabawboco, Windecowiss, Muccutay Penay or
Black Patridge, Kaynotin Aishcum, Boynashing, Shagwabeno son of
White Giant, Tushetowun, Keway Gooshcum the former head chief,
Pamossayga; at L’Arbre Croche, Sagitondowa, Ogiman Wininee, Me-
gisawba, Mukuday Benais; at the Cross, Nishcaj ininee, Nawamushcota,
Pabamitabi, Kimmewun, Gitchy Mocoman; at Grand Traverse, Akosa,
Nebauquaum, Kabibonocca; at Little Traverse, Miscomamaingwa or
Red Butterfly, Keezhigo Benais, Pamanikinong, Paimossega; on the
Cheboigan, Chonees, or Little John, Shaweenossegay; on Thunder bay,
Suganikwato; on Maskigo, Wassangazo; on Ossigomico or Platte
river, Kaigwaidosay; at Manistee, Keway Gooshcum: on river Pierre
Markette, Saugima: at Saulte Ste. Marie, Neegaubayun, Mukuday-
wacquot, Cheegud; at Carp river west of Grand island, Kaug Wya-
nais: at Mille Cocquin on the straits, Aubunway: at Michilimackinac,
Missutigo, Saganosh, Akkukogeesh, Chebyawboas.
cimfe entitled to 3. The following persons constitute the third class, and are entitled
to one hundred dollars each, namely : Kayshewa, Penaseeor Gun lake,
Kenisoway, Keenabie of Grand river: Wasso, Mosaniko, Unwatin Oash-
cum, Nayogirna, Itawachkochi, Nanaw Ogomoo, Gitchy, Peendowan or
Scabbard, Mukons, Kinochimaig, Tekamosimo, Pewaywitum, Mudji
Keguabi, Kewayaum, Paushkizigun or Big Gun, Onaausino, Ashqua-
baywiss, Negaunigabowi, Petossegay, of L’Arbre Croche: Poiees or
Dwarf and Pamossay of Cheboigan : Gitchy Ganocquot and Pamossegay
of Thunder Bay: Tabusshy Geeshick and Mikenok, of Carp river south
of Grand Traverse; Wapooso, Kaubinau, and Mudjeekee of river Pierre
Markuette: Pubokway, Manitowaba, and Mishewatig, of White river:
Shawun Epenaysee and Agausgee of Grand Traverse: Micqumisut,
Chusco of Mackinac; Keeshkidjiwum, Waub Ojeeg, Aukudo, Winikis,
Jaubeens, Maidosagee, Autya, Ishquagunaby, Shaniwaygwunabi son of
Kakakee, Nittum Egabowi, Magisanikway, Ketekewegauboway, of
Sault Ste. Marie: Chegauzehe and Waubudo of Grand island: Ashe-
gons, Kinuwais, Misquaonaby and Mongons of Carp and Chocolate
rivers: Gitchy Penaisson of Grosse Tete, and Waubissaig of Bay de
Nocquet: Kainwaybekis and Pazhikwaywitum of Beaver islands:
Neezhick Epenais of the Ance: Ahdanima of Manistic: Mukwyon,
Wahzahkoon, Oshawun, Oneshannocquot of the north shore of Lake
Michigan: Nagauniby and Keway Gooshkum of the Chenos.

HENRY R. SCHOOLCRAFT,
Commissioner.

TREATY WITH THE POTAWATOMI, 18360
Supplemental Article.

339

To guard against misconstruction in some of the foregoing provi¬
sions, and to secure, by further limitations, the just rights of the Indians,
it is hereby agreed: that no claims under the fifth article shall be
allowed for any debts contracted previous to the late war with Great
Britain, or for goods supplied by foreigners to said Indians, or by citi¬
zens, who did not withdraw from the country, during its temporary
occupancy by foreign troops, for any trade carried on by such persons
during the said period. And it is also agreed: that no person receiv¬
ing any commutation for a reservation, or any portion of the fund
provided by the sixth article of this treaty, shall be entitled to the
benefit of any part of the annuities herein stipulated. Nor shall any of
the half-breeds, or blood relatives of the said tribes, commuted with,
under the provisions of the ninth article, have any further claim on
the general commutation fund, set apart to satisfy reservation claims,
in the said sixth article. It is also understood, that the personal
annuities, stipulated in the eleventh article, shall be paid in specie, in
the same manner that other annuities are paid. Any excess of the
funds set apart in the fifth and sixth articles, shall, in lieu of being
paid to the Indians, be retained and vested by the Government in stock
under the conditions mentioned in the fourth article of this treaty.

TREATY WITH THE POTAWATOMI, 1836.

Articles of a treaty made and concluded on Tippecanoe river in the

State of Indiana between Abel O. Pepper commissioner on the part
' of the United States and Wa/a-Jce-wa Che-cose’s only son a Potta-

watamy chief and his band, on the twenty-ninth dap of March, eight¬
een hundred and thirty-six.

Art. 2. The above named chief and his band agree to yield peace¬
able possession of said land within three months from this date, and to
remove to the country provided for the Pottawatamy nation west of
the Mississippi river within two years.

Art. 3. In consideration of the cession aforesaid the United States
stipulate to pay the above named chief and his band twenty -five hun¬
dred and sixty dollars in specie at the first payment of annuity after
the ratification of this treaty.

Art. 4. The United States stipulate to provide for the payment of
the necessary expenses attending the making and concluding this
treaty.

Art. 5. This treaty shall be binding upon both the parties from the
date of its ratification by the President and Senate of the United
States.

Art. 6. [Stricken out by Senate.]

How certain provi¬
sions in preceding ar¬
ticles are to be con¬
strued.

Mar. 29, 1836.

7 Stat., 498.
Proclamation, June
4, 1836.

Cession of land to
United States.

Indians to remove
within two years.

Payment for land
ceded.

United States to pay
expenses of this
treaty.

Treaty binding
when ratified.

340

TREATY WITH THE POTAWATOMI, 1836.

Apr. 11, 1836.

7 Stat., 499.
-Proclamation, May
25,1836.

Cession of land to
United States.

Consideration there¬
for.

Indians to remove
within two years.

Treatybindingwhen

ratified.

Apr. 22, 1836.

7 Stat., 500.
Proclamation, May
25, 1836.

Cession of land to
the United States.

Payment therefor.

Indians to remove
within two years.

Expenses of treaty
to be paid by United
States.

Treaty bindingwhen
ratified.

TREATY WITH THE POTAWATOMI, 1836.

Articles of a treaty made and concluded at a camp on Tippecanoe river ,
in the State of Indiana , between Abel C. Pepper commissioner on the
■part of the United States . and Pau-koo-shuck, Aub-ba-naub-ba'i s oldest
son and the head men of Aub-ba-naub-ba? s band of Potawattimie
Indians , this eleventh day of April in the year , eighteen hundred and
thirty-six.

Article 1. The aforesaid Pau-koo-shuck and the head men of Aub
ba-naub-ba’s band, hereb}7 cede to the United States the thirty-six sec¬
tions of land reserved for them by the second article of the Treaty
between the United States and the Potawattimie Indians on Tippecanoe
river on the twenty-sixth day of October, in the year eighteen hundred
and thirty -two,

Art. 2. In consideration of the cession aforesaid, the United States
stipulate to pay to the aforesaid band the sum of twenty-three thousand
and forty dollars in .specie, one half at the first payment of annuity,
after the ratification of this Treaty, and the other half at the succeed¬
ing payment of annuity,

Art. 3. The above-named Pau-koo-shuck and his band agree to
remove to the country west of the Mississippi river, provided for the
Potawattimie nation by the United States within two years,

Art. 4. [Stricken out by Senate.]

Art. 5. This Treaty, after the same shall be ratified by the President
and Senate of the United States shall be binding upon both parties.

TREATY WITH THE POTAWATOMI, 1836.

Articles of a treaty made and concluded at the Indian Agency , in the
State of Indiana, between Abel G. Pepper , commissioner on the part
of the United States and O-kah-mause, Kee-waw-nay , Nee-boash , and
Mat-chis-jaw , chiefs and head men of the Patawattimie tribe of
Indians and their bands , on the twenty -second day of April , in the
year eighteen hundred and thirty-six.

Art. 1. The above named chiefs and head men and their bands,
hereby cede to the United States, ten sections of land, reserved for them
by the second article of the treaty, between the United States and the
Patawattimie tribe of Indians, on Tippecanoe river, on the 26th day of
October, in the year 1832.

Art. 2. In consideration of the cession aforesaid, the United States
stipulate to pay to the above-named chiefs and head men and their
bands, the sum of six thousand four hundred dollars, at the first pay¬
ment of annuity, after the ratification of this treaty.

Art. 3. The above-named chief s and head men and their bands agree
to remove to the country west of the Mississippi river, provided for
the Patawattimie nation by the United States, within two years.

Art. 4. [Stricken out by Senate.]

Art. 5. The United States stipulate to provide for the payment of
the necessary expenses attending the making and concluding this treaty.

Art. 6. This treaty, after the same shall be ratified by the President
and Senate of the United States, shall be binding upon both parties.

TREATY WITH THE WYANDOT, 1836

341

TREATY WITH THE POTAWATOMI, 1836.

Articles of a treaty made and concluded at the Indian agency , in the
State of Indiana between Abel C. Pepper commissioner on the part of
the United States , and Was-waw-kee and Quash-guaw chiefs and
head men of the Patawattimie tribe of Indians and their bands on
the %2d day of April, 1836.

Art. 1. The above named chiefs and head men and their bands
hereby cede to the United States three sections of land reserved for
them by the second article of the treaty between the United States
and the Patawattimie tribe of Indians on Tippecanoe river on the
26th day of October, 1832.

Art. 2. In consideration of the cession aforesaid the United States
stipulate to pay the above chiefs and head men and their bands nine¬
teen hundred and twenty dollars at the first payment of annuity after
the ratification of this treaty.

Art. 3. The above named chiefs and head men and their bands
agree to give possession of the aforesaid three sections of land, and
remove to the country west of the Mississippi river provided by the
United States for the Potawattimie nation of Indians within two years
from this date.

Art. 4. [Stricken out by Senate.]

Art. 5. The United States stipulate to provide for the payment of
the necessary expenses attending the making and concluding this
treaty.

Art. 6. This treaty, after the same shall be ratified by the President
and Senate of the United States, shall be binding upon both parties.

TREATY WITH THE WYANDOT, 1836.

Articles of a treaty made and concluded between John A. Bryan , com¬
missioner on the part of the United States , and William Walker ,
John Barnett , and Peacock, chief s and principal men of the Wyandot
tribe of Indians in Ohio, acting for and onoehalf of the said tribe.

Art. 1. The Wyandot tribe of Indians in Ohio cede to the United
States a strip of land five miles in extent, on the east end of their res¬
ervation in Crawford county in said State — also, one section of land
lying in Cranberry Swamp, on Broken Sword creek, being the one
mile square specified and set forth in the treaty made with the said
tribe on the twenty -ninth day of September in the year of our Lord
one thousand eight hundred and seventeeil — also, one hundred and
sixty acres of land, which is to be received in the place and stead of an
equal quantity set apart in a supplemental treaty made with the said
Indians on the seventeenth day of September in the following year, all
situate and being in the said county of Crawford.

Art. 2. The said five mile tract, as also the additional quantities
herein set forth, are each to be surveyed as other public lands are sur¬
veyed by the Surveyor General, and to be sold at such time and place,
allowing sixty days’ notice of the sale, as the President may direct.

Art. 3. A Register and Receiver shall be appointed by the President
and Senate, in accordance with the wishes of the delegation of chiefs,
whose duties shall be similar to those of other Registers and Receivers.

They shall receive such compensation for services rendered, not
exceeding five dollars per day for every day necessarily employed in
the discharge of their duties, as the President may determine.

Apr. 22, 1836.

7 Stat., 501.
Proclamation, May
25, 1836.

Land ceded to the
United States.

Considerationtbere-

for.

Indians to remove
within two years.

Expenses of this
treaty to be paid by
.United States.

Treaty binding when
ratified.

Apr. 23, 1836.

7 Stat., 502.
Proclamation, May
16, 1836.

Land ceded to the
United States.

To be surveyed and
sold.

A register and re¬
ceiver to be appointed

342

TREATY WITH THE CHIPPEWA, 1836.

Expenses to be de¬
frayed out of the sale
of the land.

Roads, schools, etc.

Moneys, how pay¬
able.

Certain former res¬
ervations to be sold,
and the amount paid
to the owners.

Indians may close
the sale.

Authority of the
President.

Art. 4. All expenses incurred in the execution of this treaty, and in
the sale of the lands included in it, shall be defrayed out of the funds
raised therefrom, including such expenses and disbursements as may
have been incurred by the delegation to Washington — and such allow¬
ance to individuals who have assisted in the negotiation, as the chiefs
in council, after a full and fair investigation, may adjudge to be rea¬
sonable and just, shall in all cases be made.

Art. 5. Such portion of the monies not exceeding twenty thousand
dollars, arising from the sales as the chiefs may deem necessary for
the rebuilding of mills, repair and improvement of roads, establishing
schools, and other laudable public objects for the improvement of their
condition, shall be properly applied under their direction, and the
remainder to be distributed among the individuals of said tribe as
annuities are distributed.

Art. 6. The monies raised by the sales of the lands for all the above
mentioned objects, except the last, shall be paid by the receiver on the
order of the chiefs; — and such order, together with the receipt of the
persons to whom payment shall be made, shall be the proper voucher
for the final settlement of the accounts of the Receiver; — but the funds
for the tribe shall be distributed by the Register and Receiver to each
person entitled thereto.

Art. 7. By the 21st article of the treaty concluded at the foot of
the rapids of the Miami of Lake Erie, dated the twenty-ninth day of
September in the year one thousand eight hundred and seventeen, and
the schedule thereunto attached, there was granted to Daonquot, or
half King, Rontondee, or Warpole, Tayarrontoyea, or Between the
Logs, Danwawtout, or John Hicks, Mononcue, or Thomas, Tayondot-
tauseh, or George Punch, Hon daua- waugh, or Matthews, chiefs of the
Wyandot nation, two sections of land each, within the Wyandot res¬
ervation — The aforesaid chiefs, their heirs or legal representatives,
are entitled to, and allowed one section of land each, in the above des¬
ignated tract of five miles, to be selected by them previous to sale, and
the same shall be sold as the other lands are sold, and they allowed to
receive the respective sums arising from said sale.

Art. 8. If during the progress of the sale, the Indians are not satis¬
fied with the prices at which the lands sell, the Register and Receiver
shall, on the written application of the chiefs, close the sale, and report
the proceedings to the War Department — and the President may
appoint such other time for the sale as he may deem proper.

Art. 9. The President shall give such directions as he may judge
necessary for the execution of this treaty, through the proper Depart¬
ments of the Government.

TREATY WITH THE CHIPPEWA, 1836.

May 9, 1836. Articles of a -treaty made at Washington in the District of Columbia

7 stat., 503. on the ninth day of May in the year of our Lord one thousand eight

5fi836amatlon’ May hundred and thirty-six , between Henry B. Schoolcraft , commissioner
on the yart of the United States and the chiefs of. the Swan-creek
and Black-river bands of the Chippewa nation , residing within the
limits of Michigan.

Whereas certain reservations of land were made to the said bands
of Indians in the treaty concluded at Detroit on the 17th of November
1807, and these reservations after having been duly located, under the
authority of the Government, have remained in their possession and
occupancy to the present time: and whereas the said Indians actuated
by considerations affecting their permanent improvement and happi¬
ness, are desirous of fixing their residence at some point more favor¬
able to these objects, and have expressed their wishes to dispose of

TREATY WITH THE POTAWATOMI, 1836.

343

the same and authorized their chiefs to proceed to Washington for
the purpose of making the necessary arrangement: It is therefore,
after mature deliberation on their part, agreed as follows.

Article 1. The Swan-creek and Black-river bands of Chippewas
cede to the United States the following tracts, namely:

One tract of three miles square, or five thousand seven hundred and
sixty acres on Swan-creek of Lake St. Clair: One tract of one section
and three quarters near Salt creek of said lake: One tract of one-fourth
of a section at the mouth of the river Au Vaseau contiguous to the
preceding cession: and one tract of two sections near the mouth of
Black-river of the river St. Clair, estimated to contain, in the aggre¬
gate, eight thousand three hundred and twenty acres, be the same more
or less.

Article 2. In consideration of the foregoing cessions, the United
States agree to pay to the said Indians the net proceeds of the sale
thereof, after deducting the cost of survey and sale and the contingent
expenses attending the treaty. The lands shall be surveyed and offered
for sale in the usual manner, at the land office in Detroit, as soon as
practicable after the ratification of this treaty. A special account shall
be kept at the Treasury of the amount of the sales of the said lands,
and after deducting therefrom the sums hereafter stipulated, to be
advanced by the United States, ten thousand dollars shall be retained
by the Treasury, and shall be paid to the said Indians in annuities of
one thousand dollars a year for ten years; and the residue of the fund
shall be vested by the Secretary of the Treasury in the purchase of some
State stock, the interest of which shall be annually paid to the said
Indians like other annuities: Provided , That if at any time hereafter
the said Indians shall desire to have the said stock sold, and the pro¬
ceeds paid over to them, the same may be done, if the President and
Senate consent thereto.

Article 3. The United States will advance to said Indians on the
ratification of this treaty, to be deducted from the avails of the lands,
the sum of two thousand five hundred dollars, and also goods to the
value of four thousand dollars to be purchased in New York and deliv¬
ered in bulk, at their expense, to the proper chiefs at Detroit, or at
such point on Lake St. Clair as the chiefs may request: together with
the expenses of the treaty, the journeys of the Indians to and from
Washington and their subsistence and other expenses at the seat of
Government.

Article 4. The United States will furnish the said Indians, eight
thousand three hundred and twenty acres or thirteen sections of land,
west of the Mississippi or northwest of St. Anthony’s Falls, to be located
by an agent or officer of the Government, and the evidence of such
location shall be delivered to the chiefs.

TREATY WITH THE POTAWATOMI, 1836.

Articles of a treaty made and concluded at a camp near Yellow river ,
in the State of Indiana , between Abel C. Pepper, commissioner on
the part of the United States and Pe-pin-a-waw , No-taw-hah <& ACac-
hah-tah-mo-ah, chiefs and headmen of the Potawattimie tribe of
Indians, and their bands on the fifth day of August in the year
eighteen hundred and thirty-six.

Art. 1st. The above named chiefs and headmen and their bands
hereby cede to the United States twenty -two sections of land reserved
for them by the second article of the treaty between the United States
and the Potawattimie tribe of Indians on Tippecanoe river, on the
twenty-sixth day of October in the year eighteen hundred and
thirty-two.

Tracts ceded to the
United States.

Proceeds of sale to
be paid to the Indians.

Advance to be made
by United States.

Land west of the
Mississippi to be fur¬
nished.

Aug. 5, 1836.

7 Stat., 505.
Proclamation, Feb.
18, 1837.

Land ceded to the
United States.

344

TREATY WITH THE MENOMINEE, 1836.

aymen t erefor. .Art. 2d. In consideration of the cession aforesaid, the United States
stipulate to pay to the above named chiefs and headmen and their bands,
the sum of fourteen thousand and eighty dollars in specie after the rati¬
fication of this treaty, and on or before the first day of May next ensuing
the date hereof.

withintwotyeaiTlove Art. 8d. The above named chiefs and headmen and their bands
agree to remove to the country west of the Mississippi river, provided
, _ for the Potawattimie nation by the United States within two years.
debt?11611 0 n ian Art. 4th. At the request of the above named band it is stipulated
that after the ratification of this treaty, the United States shall appoint
a commissioner, who shall be authorized to pay such debts of the said
band as may be proved to his satisfaction to be just, to be deducted
from the amount stipulated in the second article of this treaty.
expenseeiSoftemakmI Art. 5th. The United States stipulate to provide for the payment
treaty- of the necessary expences attending the making and concluding this

treaty.

rSfledybmdmgwhen Art. 6th. This treaty, after the same shall be ratified by the Presi¬
dent and Senate of the United States, shall be binding upon both
parties.

TREATY WITH THE MENOMINEE, 1836.

_ _ Articles of agreement made and concluded at Cedar Point, on Fox river,

Proclamation, Feb. 'ty&r ®~r.een the Territory of Wisconsin , this third day of Sep-

15, 1837. ’ tember in the year of our Lord one thousand eight hund/red a7id thirty-

six between Henry Podge , Governor of said Territory of Wisconsin ,
commissioner on the part of the United States , on the one part; and
the chiefs and head men of the Menomonie nation of Indta/ns , of the
other part.

united state? t0 the Article first. The said Menomonie nation agree to cede to the
United States, all of that tract or district of country included within
the following boundaries, viz. Beginning at the mouth of Wolf river,
and running up and along the same, to a point on the north branch of
said river where it crosses the extreme north or rear line of the five
hundred thousand acre tract heretofore granted to the New York
Indians: thence following the line last mentioned, in a northeastwardly
direction, three miles: thence in a northwardly course, to the upper
forks of the Menomonie river, at a point to intersect the boundary line
between the Menomonie and Chippewa nation of Indians: thence fol¬
lowing the said boundary line last mentioned, in an eastwardly direc¬
tion as. defined and established by the treaty of the Little Bute des
Mort, in 1827, to the Smooth rock or Shos-kin-aubie river: thence
down the said river to where it empties into Green bay, between the
Little and Great bay de Noquet: thence up and along the west side of
Green bay, (and including all the islands therein, not heretofore ceded)
to the mouth of Fox river: thence up and along the said Fox river,
and along the west side of Winnebago lake (including the islands
therein) to the mouth of Fox river, where it empties into said lake:
thence up and along said Fox river to the place of beginning, (saving
and reserving out of the district of country above ceded and described,
all that part of the five hundred thousand acre tract, granted by the
treaties between the Menomonies and the United States, made on the
eighth day of February A. D. 1831., and on the twenty -seventh day of
October A. D. 1832, which may be situated within the boundaries here¬
inbefore described,) the quantity of land contained in the tract hereby
ceded, being estimated at about four millions of acres.

Further cession. And the said Menomonie nation do further agree to cede and relin¬
quish to the United States all that tract or district of country lying

TREATY WITH THE MENOMINEE, 1836.

345

upon the Wisconsin river, in said territory; and included within the
following boundaries; viz— Beginning at appoint upon said Wisconsin
river two miles above the grant or privilege heretofore granted by
said nation and the United States, to Amable Grignon; thence running
up and along said river forty-eight miles in a direct line: and being
three miles in width on each side of said river; this tract to contain
eight townships or one. hundred and eighty-four thousand three hun¬
dred and twenty acres of land.

Article second. In consideration of the cession of the aforesaid consideration there-
tract of land, the United States agree to pay to the said Menomonie for'
nation, at the lower end of Wah-ne-kun-nah lake in their own country,
or at such other place as may be designated by the President of the
United States the sum of twenty thousand dollars, per annum for the
term of twenty years.

The United States further agree to pay and deliver to the said Provisions, etc., to
Indians, each and every year during the said term of twenty years, the be supphed-
following articles — Three thousand dollars worth of provisions; two
thousand pounds of tobacco; thirty barrels of salt; also the sum of five
hundred dollars, per year, during the same term, for the purchase of
farming utensils, cattle, or implements of husbandry, to be expended
under the direction of the superintendent or agent. Also to appoint Blacksmiths,
and pay two blacksmiths to be located at such places as may be desig¬
nated by the said superintendent or agent, to erect (and supply with
the necessary quantity of iron, steel, and tools) two blacksmith shops;
during the same term.

The United States shall also pay the just debts of the said Menomo- Debts to ue paid,
nie Indians, agreeably to the schedule hereunto annexed, amounting to
the sum of ninety-nine thousand seven hundred and ten dollars and
fifty cents. Provided, always, That no portion of said debts shall be
paid until the validity and justice of each of them, shall have been
inquired into by the Commissioner of Indian Affairs, who shall in no
instance increase the amount specified in said schedule, but who shall
allow the sum specified, reject it entirely, or reduce it as upon exam¬
ination and proof may appear just, and if any part of said sum is left
after paying said debts so adjudged to be just, then such surplus shall
be paid to the said Indians for their own use.

And whereas the said Indians are desirous of making some provision Provision for per-
and allowance to their relatives and friends of mixed blood; the United sonso mixe bl0° '
States do further agree to pay the sum of eighty thousand dollars, to
be divided among all such persons of mixed blood as the chiefs shall
hereafter designate : said sum to be apportioned and divided under the
direction of a commissioner to be appointed by the President. Pro¬
vided always, That no person shall be entitled to any part of said fund
unless he is of Indian descent and actually resident within the bound¬
aries described in the first article of this treaty, nor shall anything
be allowed to any such person who may have received any allowance
under anv previous treaty. The portion of this fund allowed by the
Commissioner to those half breeds who are orphans, or poor or incom¬
petent to make a proper use thereof, shall be paid to them in install¬
ments or otherwise as the President may direct.

Article third. The said Menomonie nation do agree to release the , eSede<fr0mtatceSrtaTn
United States from all such provisions of the treaty of 1831 and 1832, provisions of treaty of
aforesaid, as requires the payment of farmers, blacksmiths, millers &c. 1831 andi832.

They likewise relinquish all their right under said treaty to appropria¬
tion’ for education, and to all improvements made or to be made upon
their reservation on Fox river and Winnebago lake; together with the
cattle, farming utensils or other articles furnished or to be f urnish[ed]
to them under said treaty. And in consideration of said release and
relinquishment, the United States stipulate and agree that the sum of
seventy-six thousand dollars, shall be allowed to the said Indians and

346

TREATY WITH THE MENOMINEE, 1836.

Annuities to be paid
yearly^

Treaty binding
when ratified.

Claims to be paid
by United States.

this sum shall be invested in some safe stock and the interest thereof
as it accrues shall also be so vested until such time as in the judgment
of the President, the income of the aggregate sum can be usefully
applied to the execution of the provisions in the said fourth article, or
to some other purposes beneficial to the said Indians.

Article 4th. The above annuities shall be paid yearly and every
year, during the said term, in the month of June or Juty, or as soon
thereafter as the amount shall be received; and the said Menomonie
nation do agree to remove from the country ceded, within one year
after the ratification of this treaty.

This treaty shall be binding and obligatory on the contracting par¬
ties, as soon as the same shall be ratified by the President and Senate
of the United States.

Schedule.

It is agreed on the part of the United States, that the following
claims shall be allowed and paid, agreeably to the second article of the
foregoing treaty, viz:

To John Lawe, twelve thousand five hundred dollars;

Augustine Grignon ten thousand dollars;

William Powell and Robert Grigon four thousand two hundred and
fifty dollars;

Charles A. Grignon ten thousand dollars;

John Lawe & Co., six thousand dollars;

Walter T. Webster one hundred dollars;

John P. Arndt five hundred and fifty dollars;

William Farnsworth and Charles R. Brush two thousand five hun¬
dred dollars;

James Porlier, seven thousand five hundred dollars;

Heirs of Louis Beaupre one thousand five hundred dollars;

Dominick Brunette two hundred and thirty- one dollars and fifty
cents;

Alexander J. Irwin, one thousand two hundred and fifty dollars;

American Fur Co. (western outfit) four hundred dollars;

Charles Grignon one thousand two hundred dollars;

Joseph Rolette one thousand seven hundred and fifty dollars;

Charles A. and Alexander Grignon seven hundred and fifty dollars;

James Reed seven hundred dollars;

Peter Powell one thousand seven hundred and fifty dollars;

Paul Grignon five thousand five hundred dollars;

William Dickinson three thousand dollars;

Robert M. Eberts seventy -four dollars;

Joseph Jourdain fifty dollars;

James Knaggs five hundred and fifty dollars (1550;)

Ebenezer Childs two hundred dollars;

Lewis Rouse five thousand dollars;

William Farnsworth two thousand five hundred dollars;

Sami. Irwin & Geo. Boyd jr. one hundred and five dollars;

Aneyas Grignon two thousand five hundred dollars;

Pierre Grignon deed, by Rob. & Peter B. Grignon six thousand
dollars;

Stanislius Chappue one hundred dollars;

John Lawe one thousand two hundred dollars;

William Dickinson two hundred and fifty dollars;

Stanislius Chappue two thousand five hundred dollars;

Lewis Grignon seven thousand two hundred and fifty dollars.

TREATY WITH THE SIOUX, 1836.

347

TREATY WITH THE SIOUX, 1836.

Convention with the Sioux of Wa-ha-shavJ s tribe

a convention held this tenth day of September 1836, between
Col. Z. lay lor Indian Agent, and the chiefs, braves, and principal
men of the Sioux of Wa-ha-shaw’s tribe of Indians, it has been repre¬
sented, that according to the stipulations of the first article of the
treaty of Prairie du Chien, of the 15th July 1830, the country thereby
ceded is “to be assigned and allotted under the direction of the Presi¬
dent of the United States, to the tribes now living thereon, or to such
other tribes as the President may locate thereon for hunting and other
purposes,’ and, whereas, it is further represented to us, the chiefs,
braves, and principal men of the tribe aforesaid, to be desirable that
the lands lying between the State of Missouri and the Missouri river
should be attached to, and become a part of said State, and the Indian
title thereto be extinguished but that, notwithstanding, as these lands
compose a part of the country embraced by the provisions of said first
article of the treaty aforesaid, the stipulations thereof will be strictly
observed, until the assent of the Indians interested, is given to the
proposed measure.

Now we, the chiefs, braves, and principal men of the above named
tribe of Indians, fully understanding the subject, and well satisfied
from the local position of the lands in question that they can never be
made available for Indian purposes, and that an attempt to place an
Indian population on them must inevitably lead to collisions with the
citizens of the United States; and further believing that the extension
of the State line in the direction indicated, would have a happy effect,
by presenting a natural boundary between the whites and Indians:
and, willing moreover, to give the United States a renewed evidence
of our attachment & friendship, do hereby for ourselves, and on behalf
of our respective tribes, (having full power and authority to this
effect) forever cede, relinquish, and quit claim to the United States,
all our right, title and interest of whatsoever nature in, and to, the
lands lying between the State of Missouri and the Missouri river, and
do freely and fully exonerate the United States from any guarantee,
condition, or limitation, expressed or implied under the treaty of
Prairie du Chien aforesaid or otherwise, as to the entire and absolute
disposition of the said lands, fully authorizing the United States to do
with the same whatever shall seem expedient or necessary.

As a proof of the continued friendship and liberality of the United
States towards the above named tribe of Indians, and as an evidence
of the sense entertained for the good will manifested by said tribes to
the citizens and Government of the United States, as evinced in the
preceding cession or relinquishment, the undersigned agrees on behalf
of the United States, to cause said tribes to be furnished with presents
to the amount of four hundred dollars — in goods or in money.

Sept. 10, 1836.

7 Stat., 510.
Proclamation, Feb.
15, 1837.

Lands ceded to the
United States.

Presents to be made
by United States.

348

TREATY WITH THE IOWA, ETC., 1836.

Sept. 17, 1836.

7 Stat. 511.
Proclamation, Feb.
15, 1837.

Treaty of July 15,
1830.

Lands ceded to the
United States.

United States to pay
as a present, $7,500.

Land assigned to
Indians south of the
Missouri river.

TREATY WITH THE IOWA, ETC., 1836.

Articles of ' a treaty , made and concluded at Fort Leavenworth , on the
Missouri river , between William Clark , Superintendent of Indian
Affairs , on the part of the United States , of the one part , and the
undersigned chiefs , warriors , and counsellors of the Ioway tribe and
the band of Sacks and Foxes of the Missouri , {residing west of the
State of Missouri ,) in behalf of their respective tribes , of the other
part.

Article 1. By the first article of the treaty of Prairie du Chien,
held the fifteenth day of July eighteen hundred and thirty, with the
confederated tribes of Sacks, Foxes, Ioways, Omahaws, Missourias,
Ottoes, and Sioux, the country ceded to the United States by that
treaty, is to be assigned and allotted under the direction of the Presi¬
dent of the United States to the tribes living thereon, or to such other
tribes as the President may locate thereon for hunting and other pur¬
poses. — And whereas it is further represented to us the chiefs, war¬
riors, and counsellors of the Ioways and Sack and Fox band aforesaid,
to be desirable that the lands lying between the State of Missouri and
the Missouri river, should be attached to and become a part of said
State, and the Indian title thereto, be entirely extinguished; but that,
notwithstanding, as these lands compose a part of the country embraced
by the provisions of said first article of the treaty aforesaid, the stipu¬
lations thereof will be strictly observed until the assent of the Indians
interested is given to the proposed measures.

Now we the chiefs, warriors, and counsellors of the Ioways, and Mis¬
souri band of Sacks and Foxes, fully understanding the subject, and
well satisfied from the local position of the lands in question, that they
never can be made available for Indian purposes, and that an attempt
to place an Indian population on them, must inevitably lead to colli¬
sions with the citizens of the United States; and further believing that
the extension of the State line in the direction indicated would have a
happy effect, by presenting a natural boundary between the whites and
Indians; and willing, moreover, to give the United States a renewed
evidence of our attachment and friendship, do hereby for ourselves,
and on behalf of our respective tribes, (having full power and author¬
ity to this effect,) forever cede, relinquish, and quit claim, to the Uni¬
ted States, all our right, title, and interest of whatsoever nature in,
and to, the lands lying between the State of Missouri and the Missouri
river; and do freely and fully exonerate the United States from any
guarantee; condition or limitation, expressed or implied, under the
treaty of Prairie du Chien aforesaid, or otherwise, as to the entire and
absolute disposition of the said lands, fully authorizing the United
States to do with the same whatever shall seem expedient or necessary.

As a proof of the continued friendship and liberality of the United
States towards the Ioways and band of Sacks and Foxes of the Mis¬
souri, and as an evidence of the sense entertained for the good will
manifested by said tribes to the citizens and Government of the United
States, . as evinced, in the preceding cession or relinquishment, the
undersigned, William Clark, agrees on behalf of the United States, to
pay as a present to the said Ioways and band of Sacks and Foxes, seven
thousand five hundred dollars in money, the receipt of which they
hereby acknowledge.

Article 2. As the said tribes of Ioways and Sacks and Foxes, have
applied for a small piece of land, south of the Missouri, for a permanent
home, on which they can settle, and request the assistance of the Gov¬
ernment of the United States to place them on this land, in a situation
at least equal to that they now enjoy on the land ceded by them : There¬
fore I, William Clark, Superintendent of Indian Affairs, do further
agree on behalf of the United States, to assign to the Ioway tribe, and

TREATY WITH THE POTAWATOMI, 1836.

349

Missouri band of Sacks and Foxes, the small strip of land on the south
side of the Missouri river, lying between the Kickapoo northern bound¬
ary line and the Grand Nemahar river, and extending from the Mis¬
souri back and westwardly with the said Kickapoo line and the Grand
Nemahar, making four hundred sections; to be divided between the said
loways and Missouri band of Sacks and Foxes, the lower half to the
Sacks and Foxes, and the upper half to the loways.

Article 3. The loways and Missouri band of Sacks and Foxes fur¬
ther agree, that they will move and settle on the lands assigned them
in the above article, as soon as arrangements can be made bv them;
and the undersigned William Clark, in behalf of the United" States,
agrees, that as soon as the above tribes have selected a site for their
villages, and places for their fields, and moved to them, to erect for the
loways five comfortable houses, to enclose and break up for them two
hundred acres of ground; to furnish them with a farmer, a blacksmith,
schoolmaster, and interpreter, as long as the President of the United
States may deem proper; to furnish them with such agricultural imple¬
ments as may be necessary, for five years; to furnish them with rations
for one year, commencing at the time of their arrival at their new
homes; to furnish them with one ferry-boat; to furnish them with one
hundred cows and calves and five bulls, and one hundred stock hogs
when they require them; to furnish them with a mill and assist in
removing them, to the extent of five hundred dollars. And to erect
for the Sacks and Foxes three comfortable houses; to enclose and break
up for them two hundred acres of ground; to furnish them, with a
farmer, blacksmith, schoolmaster, and interpreter, as long as the Presi¬
dent of the United States may deem proper; to furnish them v, ith such
agricultural implements as may be necessary, for five years; to furnish
them with rations for one year, commencing at the time of their arrival
at their new home; to furnish them with one ferry-boat; to furnish
them with one hundred cows and calves and five bulls, one hundred
stock hogs when they require them; to furnish them with a mill; and
to assist in moving them, to the extent of four hundred dollars.

Article 4. This treaty shall be obligatory on the tribes, parties
hereto, from and after the date hereof, and on the United States from
ai; d after its ratification by the Government thereof.

TREATY WITH THE POTAWATOMI, 1836.

Articles of a treaty made and concluded at Chippewanaung in the State
of Indiana, between Abel C. Pejpyper, comm issioner on the part of the
United States, and To-i-sd’s brother Me-mat-way and Ohe-quaw-ka-ko,
chiefs and headmen of the Patawattimie tribe of Indians and their
band on the twentieth day of September , in the year eighteen hundred
and thirty -six.

Art. 1. The above-named chiefs and headmen and their band hereby
cede to the United States, ten sections of land reserved for them by
the second article of the treaty between the United States, and the
Patawattimie tribe of Indians, on Tippecanoe river, on the 27th day of
October, in the year 1832.

Art. 2. In consideration of the cession aforesaid the United States
stipulate to pay the above-named chiefs and headmen and their band the
sum of eight thousand dollars on or bfefore the first day of May next.

Art. 3. The above-named chiefs and headmen and their band agree
to remove to the country west of the Mississippi river, provided for the
Patawattimie nation by the United States, within two years.

Art. 4. At the request of the above-named band, it is stipulated that
after the ratification of this treaty the United States shall appoint a com¬
missioner who shall be authorized to pay such debts of the said band as

United States to
erect houses, inclose
ground, furnish a
farmer, etc.

Treaty binding
when ratified.

Sept. 20, 1836.

7 Stat., 513.
Proclamation, Feb.
18, 1837.

Land ceded to the
United States.

Payment therefor.

Indians to remove
within two years.

Payment of Indian
debts.

350

TREATY WITH THE POTAWATOMI, 1836.

may be proved to his satisfaction to be just, to be deducted from the
amount stipulated in the second article of this treaty,
expensed ^^akmg Art. 5. The United States stipulate to provide for the payment of

treatyfes ° ma lng the necessary expenses attending the making and concluding this treaty.
ra2Satory when Art. 6. This treaty, after the same shall be ratified by the President
and Senate of the United States, shall be binding upon both parties.

TREATY WITH THE POTAWATOMI, 1836.

sept. 22, 1836, Articles of a treaty made and concluded at Chippewa/nanung — i/n the

? stat, , 514. State of Indiana between A. O. Pepper , commissioner on the part of

3Pi837lamati0D’ Peb* the United States and Mo-sack , chief of the Potawattimie tribe of
Indians and his band , on the twenty-second day of September , in the
year eighteen hundred and thirty -six.

Land ceded to the
United States.

Payment therefor.

Indians to remove
within two years.

Payment of Indian
debts.

United States to pay
expenses of making
treaty.

Treaty binding
when ratified.

Art. 1. The above-named chief and his band hereby cede to the
United States four sections of land reserved for him and his band by
the 2nd article of the treaty between the United States, and the Pota¬
wattimie tribe of Indians, on Tippecanoe river, on the 27th day of
October, in the year eighteen hundred and thirty-two.

Art. 2nd. In consideration of the cession aforesaid, the United States
stipulate to pay the above-named chief and his band the sum of three
thousand two hundred dollars, on or before the first of May next.

Art. 3d. The above-named chief and his band agree to remove to
the countiy west of the Mississippi river provided for the Potawatti¬
mie nation by the United States within two years.

Art. 4. At the request of the above-named chief and his band, it is
stipulated that after the ratification of this treaty the United States
shall appoint a commissioner who shall be authorized to pay such debts
of the said band as may be proved to his satisfaction to be just, to be
deducted from the amount stipulated in the second article of this treaty.

Art. 5. The United States stipulate to provide for the payment of
the necessary expenses attending the making and concluding this treaty.

Art. 6. This treaty after the same shall be ratified by the President
and Senate of the United States, shall be binding upon both parties.

TREATY WITH THE POTAWATOMI, 1836.

sept. 23, 1836. Articles of a treaty made and concluded at Ghippe-way-naung in the

7stat., sis. State of Indiana, on the twenty-third day of September in the year

?fi837amatlon’ Feb- one thousand eight hundred and thirty-six , between Abel C. Pepper
commissioner on the part of the United States , and the chiefs , war
riors and headmen of the Potawattamie India/ns of the Wabash.

Cession to the United
States.

Art. 1. The chiefs, warriors and headmen of the Potawattamies of
the Wabash hereby cede to the United States, all the land belonging to
the said tribe, in the State of Indiana, and designated in the treaty of
1832, (between Jonathan Jennings, John W. Davis and Marks Crume,
commissioners of the United States, and the chiefs and warriors of the
Potawattimies of the State of Indiana, and Michigan Territory) as
reservations for the use of the following bands viz.

For the band of Kin-krash, four sections _ 4 sec.

For the band of Che-chaw-kose, ten sections _ 10 do.

For the band of Ash-kum and W ee-si-o-nas, sixteen sections _ 16 do.

For the band of We-saw, four sections _ 4 do.

For the band of Mo-ta, four sections. _ _ 4 do.

For the bands of Mi-no-quet, four sections . . . - 4 do.

351

TREATY WITH THE SAUK AND FOX TRIBE, 1836.

-A.RT. 2. In consideration of the cession aforesaid the United States Payment therefor,
stipulate to pay the above chiefs, warriors and headmen of the Pota-
wattimie nation one dollar and twenty -five cents per acre or thirty-
three thousand six hundred dollars, (33,600) in specie, on or before the
first of May, in the year eighteen hundred and thirty-seven.

Art.. 3. The above-named chiefs, warriors and headmen of the Poto- Indians to remove
wattimies of the Wabash agree to remove to the country west of the within two years.
Mississippi river, provided for the Potawattimie nation by the United
States within two years.

Art. 4. At the request of the above-named chiefs, warriors and Payment of Indian
headmen of the Potawattimies aforesaid, it is stipulated that after the debts>
ratification of this treaty, the United States shall appoint a commis¬
sioner who shall be authorized to pay such debts of said Wabash Pota¬
wattimies as may be proved to his satisfaction to be just, to be deducted
from the amount stipulated in the 2d article of this treaty.

Art. 5. The United States stipulate to provide for the payment of United States to pay
the necessary expenses attending the making and concluding this ggfes of making
treaty.

Art. 6. This treaty shall be binding upon the parties aforesaid from Treaty binding
the date of its ratification by the President and Senate of the United when ratifled-
States.

TREATY WITH THE SAUK AND FOX TRIBE, 1836.

In a convention held this twenty-seventh day of September 1836, sept. 27, 1836.
between Henry Dodge Superintendent of Indian Affairs, and the chiefs, 7 stat., 516.
braves, and principal men of the Sac and Fox tribe of Indians, it has i5Pi837amatlon Feb-
been represented, that according to the stipulations of the first article
of the treaty of Prairie du Chien, of the 15th July 1830, the country
thereby ceded, is “to be assigned and allotted under the direction of
the President of the United States, to the tribes now living thereon, or
to such other tribes as the President may locate thereon for hunting
and other purposes.” And, whereas, it is further represented to us,
the chiefs, braves, and principal men of the tribe aforesaid, to be
desirable that the lands lying between the State of Missouri and the
Missouri river should be attached to, and become a part of said State,
and the Indian title thereto be entirely extinguished; but that, not¬
withstanding, as these lands compose a part of the country embraced
by the provisions of said first article of the treaty aforesaid, the stipu¬
lations thereof will be strictly observed until the assent of the Indians
interested is given to the proposed measure.

Now, we the chiefs, braves, and principal men of the Sac and Fox Lands ceded to
tribes of Indians, fully understanding the subject, and well satisfied Umtedstates-
from the local position of the lands in question, that they can never be
made available for Indian purposes, and that an attempt to place an
Indian population on them must inevitably lead to collisions with the
citizens of the United States; and further believing that the extension
of the State line in the direction indicated, would have a happy effect,
by presenting a natural boundary between the whites and Indians; and,
willing moreover, to give the United States a renewed evidence of our
attachment and friendship, do hereby, for ourselves, and on behalf of
our respective tribes (having full power and authority to this effect)
forever cede, relinquish, and quit claim to the United States, all our
right, title, and interest of whatsoever nature in, and to, the lands
lying between the State of Missouri and the Missouri river, and do
freely and fully exonerate the United States from any guarantee, con¬
dition, or limitation, expressed or implied, under the treaty of Prairie
du Chien aforesaid, or otherwise, as to the entire and absolute disposi¬
tion of the said lands, fully authorizing the United States to do with
the same whatever shall seem expedient or necessary.

352

TREATY WITH THE SAUK AND FOXES, 1836.

7 Stat., 517.
Proclamation, Feb.
27, 1887.

United States.

TREATY WITH THE SAUK AND FOXES, 1836.

Articles of a treaty m ade and entered into at the treaty ground on tlve
right hank of the Mississippi river in the county ofDebuque and Ter¬
ritory of Wisconsin opposite Rock island , on the twenty -eighth day
of September one thousand eight hundred and thirty -six, between
Henry Dodge commissioner on the part of the United States , of the
one part , and the confederated tribes of Sac and Fox Indians repre¬
sented in general council by the undersigned chiefs headmen and
warriors of the said tribes , of the other part .

Whereas by the second article of the treaty made between the
United States and the confederated tribes of Sac and Fox Indians on
the twenty -first day of September one thousand eight hundred and
thirty -two, a reservation of four hundred sections of land was made
to the Sac and Fox Indians to be laid off under the direction of the
President of the United States in conformity to the provisions of said
article, and the same having been so subsequently laid out accordingly,
and the confederated tribes of Sacs and Foxes being desirous of obtain¬
ing additional means of support, and to pay their just creditors have
entered into this treaty, and make the following cession of land.

Land ceded to the Article 1. The confederated tribes of Sacs and Foxes for the pur¬
poses above expressed*, and for and in consideration of the stipulations
and agreements hereinafter expressed, do hereby cede to the United
States forever, the said reservation of four hundred sections of land as
designated in the second article of the treaty made between the United
States and the confederated tribes of Sacs and Foxes as the same has
been surveyed and laid off by order of the President of the United
States.

^Payments by the Article 2. In consideration of the cession contained in the preced¬
ing article, the United States hereby agree as follows, to wit: To pay
to the confederated tribes of the Sac and Fox Indians in the month of
June one thousand eight hundred and thirty-seven, the sum of thirty
thousand dollars, and for ten successive years thereafter the sum of
ten thousand dollars each year in specie, to be paid at the treaty ground
opposite Rock island or such other place as may be designated by the
President of the United States; to pay to the widow and children of
Felix St. Urain, deceased, former Indian agent who was killed by the
Indians, one thousand dollars, and also to pay the sum of forty-eight
thousand, four hundred and fifty- eight dollars, eighty-seven and a half
cents to enable said Indians to pay such debts as may be ascertained
by their superintendent to be justly due from them to individuals, and
if such debts so ascertained to be just amount to more than said sum
then the same shall be divided among said creditors pro rata; and if
less, then the overplus to be paid to said Indians for their own use.
united states to fur- Article 3. The United States further agree to deliver to the con-

msh 200 horses. federated tribes of Sacs and Foxes two hundred horses, as near that

number as can be procured with the sum of nine thousand three hun¬
dred and forty-one dollars, to be delivered at the payment of the
annuities in June one thousand eight hundred and thirty-seven.

Provision for half- Article 4. At the special request of the Sac and Fox Indians afore-
breeds’ said, the United States agree to make the following provision for the

benefit and support of seven half-breeds of the Sac and Fox nation, to

wit; The United States agree to pay to - Wayman for the use

and benefit of his half-breed child by a Fox woman named Ni-an-no,
one thousand dollars, to Wharton R. McPhearson, for the use and
benefit of his half-breed child by To-to-qua, a Fox woman, one thou¬
sand dollars, to James Thorn for the use and benefit of his half-breed
child by Ka-kee-o-sa-qua, a Fox woman, one thousand dollars, to Joseph
Smart for the use of his half-breed child by Ka-ti-qua a Fox woman

United States.

TREATY WITH THE SAUK AND FOXES, 1836.

353

one thousand dollars, to Nathan Smith for the use and benefit of his
half-breed child by Wa-na-sa a Sac woman one thousand dollars, and
to Joseph M. Street, Indian agent, two thousand dollars for the use
and benefit of two half-breed children, one the child of Niwa-ka-kee a
Fox woman, by one Mitchell, the other the child of Ni-an-na by Amos
Farrar, the two thousand dollars to be put at interest, and so much of
said interest arising therefrom to be expended for the benefit of the
children as said agent shall deem proper and necessary, and when each
shall arrive at the age of twenty years, the said agent shall pay to each
half-breed one thousand dollars and any balance of interest remaining
in his hands at the time.

Article 5. At the special request of the said confederated tribes of
Sac and Fox Indians it is further agreed by the United States, to pay
to Joseph M. Street, their agent, two hundred dollars for the use and
benefit of Thompson Connoly and James Connoly children of their
friend John Connoly deceased, to be by said agent put at interest and
expended on the education of said Thompson and James Connoly, chil¬
dren of said John Connoly deceased.

Article 6. The said confederated tribes of Sac and Fox Indians
hereby stipulate and agree to remove from off the lands herein in the
first article of this treaty ceded to the United States, by the first day
of November next ensuing the date hereof, and in order to prevent
any future misunderstanding, it is expressly agreed and understood
that no band or party of the said confederated tribes of Sac and Fox
Indians, shall plant, fish or hunt on any portion of the country herein
ceded after the period just mentioned.

Article 6. This treaty shall be obligatory on the contracting par¬
ties after it shall be ratified by the President and Senate of the United
States.

TREATY WITH THE SAUK AND FOXES, 1836.

Articles of a treaty made and entered into at the treaty ground on the
right bank of the Mississippi river in the county of Debuque and Ter¬
ritory of Wisconsin opposite Bock island , on the twenty-eighth day
of September one thousand eight hundred and thirty-six , between
Henry Dodge commissioner on the part of the United States , of the
one part , and the confederated tribes of Sac and Fox Indians repre¬
sented in general council by the undersigned chief s, headmen and war¬
riors of the said tribes , of the other part:

Whereas by the second article of the treaty made between the
United States and the confederate tribes of the Sac and Fox Indians
on the twenty -first day of September one thousand eight hundred and
thirty -two, a reservation of four hundred sections of land was made to
the Sac and Fox Indians to be laid off under the directions of the
President of the United States in conformity to the provisions of said
article, and the same having been so subsequently laid out accordingly,
and the confederated tribes of Sacs and Foxes being desirous of obtain¬
ing additional means of support, and to pay their just creditors, have
entered into this treatv. and make the following cession of land.

Article 1. The confederated tribes of Sacs and Foxes for the pur¬
poses above expressed, and for and in consideration of the stipulations
and agreements hereinafter expressed, do hereby cede to the United
States forever, the said reservation of four hundred sections of land as
designated in the second article of the treaty made between the United
States and the confederated tribes of Sacs and Foxes as the same has
been surveyed and laid off by order of the President of the United
States.

S. Doc. 452 - 23

Provision for the
children of John Con¬
noly, deceased.

Removal of Indians.

Treaty binding
when ratified.

Sept. 28, 1836.

7 Stat., 620.
Proclamation, Dec.
13, 1837.

Land ceded to the
United States.

354

TREATY WITH THE SAUK AND FOXES, 1836.

Consideration there¬
for.

Two hundred horses
to be furnished by
the United States.

Provision for half-
breeds.

Article 2. In consideration of the cession contained in the preced¬
ing article, the United States hereby agree as follows, to wit; To pay
to the confederated tribes of the Sac and Fox Indians in the month of
June one thousand eight hundred and thirty-seven, the sum of thirty
thousand dollars, and for ten successive years thereafter the sum of
ten thousand dollars each year in specie, to be paid at the treaty ground
opposite Rock island or such other place as may be designated by the
President of the United States, to pay to the widow and children of
Felix St. Yrain deceased former Indian agent who was killed by the
Indians, one thousand dollars; to pay to the following named persons
the sums set opposite to their names respectively, being the one half of
the amount agreed to be due and owing by the confederated tribes of
Sacs and Foxes to their creditors, provided said creditors will wait for
the other half untill the same can be paid out of their annuities, for
which purpose the Sacs and Foxes will set apart the sum of five thou¬
sand dollars each year, beginning in one thousand eight hundred and
thirty-eight, out of their annuities to be paid upon said debts in the
proper proportion untill the whole amount is discharged; to wit: to
John Campbell ten thousand dollars, to Jeremiah Smith six hundred
and forty dollars, to Stephen Dubois three hundred and five dollars
and twenty cents, to Nathaniel Knapp one hundred dollars, to Wharton
R. McPhearson two hundred and fifty dollars, to S. S. Phelps & Co.
four thousand dollars, to Jesse W. Shull five hundred dollars, to James
Jordan one hundred and fifty dollars, to John R. Campbell fifteen
dollars, to Amos Farrar one hundred dollars, to the owners of the S.
boat Warrior, one hundred and sixty -two dollars and seventy -five cents,
to George Davenport two thousand five hundred and sixty-three dollars
and fifty cents, to Madame St. Ament five hundred dollars, to Madame
Joseph Gunville five hundred dollars, to Madame Le Claire one hun¬
dred and twenty -five dollars, to Miss Rlondeau one hundred and
twenty -five dollars, to Antoine Le Claire two thousand four hundred
and thirty-six dollars and fifty cents, to Francis Labachiere one thou¬
sand one hundred and sixty-seven dollars and seventy-five cents, to
Pratte Chouteau & Co. twenty thousand three hundred and sixty-two
dollars, and forty-two and a half cents, to Nathaniel Patterson four
hundred and fifty -six dollars. The Iowa Indians having set up a claim
to a part of the lands ceded by this treaty, it is therefore hereby pro¬
vided, that the President of the United States shall cause the validity
and extent of said claim to be ascertained, and upon a relinquishment
of said claim to the United States, he shall cause the reasonable and
fair value thereof to be paid to said Iowa Indians, and the same amount
to be deducted from the sum stipulated to be paid to the Sacs and
Foxes.

Article 3. The United States further agree to deliver to the con¬
federated tribes of Sacs and Foxes two hundred horses, as near that
number as can be procured with the sum of nine thousand three hun¬
dred and forty-one dollars, to be delivered at the payment of the
annuities in June one thousand eight hundred and thirty -seven.

Article 4. At the special request of the Sac and Fox Indians afore¬
said, the United States agree to make the following provisions for the
benefit and support of seven half-breeds of the Sac and Fox nation, to

wit; The United States agree to pay to - Wayman for the use and

benefit of his half-breed child by a Fox woman named Ni-an-no, one
thousand dollars, to Wharton R. McPhearson for the use and benefit
of his half-breed child by To-to-qua, a Fox woman, one thousand dol¬
lars, to James Thorn for the use and benefit of his half -breed child by
Ka-kee-o-sa-qua, a Fox woman, one thousand dollars, to Joseph Smart
for the use of his half-breed child by Ka-ti-qua a Fox woman one thou¬
sand dollars, to Nathan Smith for tlie use and benefit of his half-breed
child by Wa-na-sa a Sac woman one thousand dollars, and to Joseph
M. Street Indian agent, two thousand dollars for the use and benefit of

TREATY WITH THE OTO, ETC., 1836.

355

two half-breed children, one the child of Niwa-ka-kee a Fox woman, by
one Mitchell, the other the child of Ni-an-na by Amos Farrar, the two
thousand dollars to be put at interest, and so much of said interest
arising therefrom to be expended for the benefit of the children as said
agent shall deem proper and necessary, and when each shall arrive at
the age of twenty years, the said agent shall pay to each half-breed one
thousand dollars and any balance of interest remaining in his hands at
the time.

Article 5. At the special request of the said confederated tribes of
Sac and Fox Indians it is further agreed by the United States, to pay
to Joseph M. Street their agent, two hundred dollars for the use and
benefit of Thompson Connoly and James Connoly children of their
friend John Connoly deceased, to be by said agent put at interest and
expended on the education of said Thompson and James Connoly chil¬
dren of said J ohn Connoly deceased.

Article 6. This treaty shall be obligatory on the contracting parties
after it shall be ratified by the President and Senate of the United
States.

TREATY WITH THE OTO, ETC., 1836.

Articles of a convention entered into and concluded at Bellevue Upper
Missouri the fifteenth day of October one thousand eight hundred and
thirty-six , by and between John Dougherty U. S. agt . for Indian
Affairs and Joshua Pilcher U. S. Ind. s. agt being specially author¬
ized therefor; and the chiefs braves head men dec of the Otoes Mis-
souries Omahaws and Yankton and Santee bands of Sioux , duly
authorized by their respective tribes.

Article 1st. Whereas it has been represented that according to the
stipulations of the first article of the treaty of Prairie du Chien of the
fifteenth of July eighteen hundred and thirty, the country ceded is
“to be assigned and. allotted under the direction of the President of
the United States to the tribes now living thereon or to such other
tribes as the President may locate thereon for hunting and other pur¬
poses,” and whereas it is further represented to us the chiefs, braves
and head men of the tribes aforesaid, that it is desirable that the lands
lying between the State of Missouri and the Missouri river, and south
of a line running due west from the northwest corner of said State
until said line strikes the Missouri river, should be attached to and
become a part of said State, and the Indian title thereto be entirely
extinguished; but that notwithstanding, as these lands compose a part
of the country embraced by the provisions of the said first article of
the treaty aforesaid, the stipulations whereof will be strictly observed,
until the assent of the Indians interested is given to the proposed
measure. Now we the chiefs braves and principal men of the Otoes
Missouries Omahaws Yankton and Santee bands of Sioux aforesaid
fully understanding the subject and well satisfied from the local posi¬
tion of the lands in question, that they never can be made available for
Indian purposes; and that an attempt to place an Indian population on
them must inevitably lead to collisions with the citizens of the United

Provision for the
children of John Con¬
noly /deceased.

Removal of Indians.

Treaty binding
when ratified.

Oct. 15, 1836.

7 Stat., 524.
Proclamation, Feb.
15, 1837.

Treaty of July 15.
1830.

356

TREATY WITH THE OTO, ETC., 1836.

Cession of land to
the United States.

Present of $4,500 in
merchandise.

Portions of each
tribe.

Otoes and Missou-
ries to be furnished
with 500 bushels of
com.

Omahas to have 100
acres of ground broke
up, etc.

Obligatory when
ratified.

States; and, further believing that the extension of the State line in
the direction indicated, would have a happy effect by presenting a
natural boundary between the whites and Indians; and willing more¬
over to give the United States a renewed evidence of our attach¬
ment and friendship; do hereby for ourselves and on behalf of our
respective tribes (having full power and authority to this effect) for
ever cede relinquish and quit claim to the United States all our right
title and interest of whatsoever nature in and to the lands lying between
the State of Missouri and the Missouri river, and south of a line run¬
ning due west from the northwest corner of the State to the Missouri
river, as herein before mentioned, and freely and fully exonerate the
United States from any guarantee condition or limitation expressed
or implied under the treaty of Prairie du Chien aforesaid or otherwise,
as to the entire and absolute disposition of said lands, fully authorizing
the United States to do with the same whatever shall seem expedient
or necessary.

Art. 2d. As a proof of the continued friendship and liberality of
the United States towards the said Otoes Missouries Omahaws and
Yankton and Santee bands of Sioux, and as an evidence of the sense
entertained for the good will manifested by the said tribes to the citi¬
zens and Government of the United States as evinced in the preceding
cession and relinquishment; and as some compensation for the great
sacrifice made by the several deputations at this particular season, by
abandoning their fall hunts and traveling several hundred miles to
attend this convention the undersigned John Dougherty and Joshua
Pilcher agrees on behalf of the United States to pay as a present to
the tribes herein before named the sum of four thousand five hundred
and twenty dollars in merchandise, the receipt of which they hereby
acknowledge having been distributed among them in the proportions
following. To the Otoes twelve hundred and fifty dollars, to the Mis¬
souries one thousand dollars to the Omahaws twelve hundred and
seventy dolls, to the Yankton and Santee bands of Sioux one thousand
dollars.

Art. 3d. In consequence of the removal of the Otoes and Missou¬
ries from their former situation on the river Platte to the place selected
for them, and of their having to build new habitations last spring at the
time which should have been occupied in attending to their crops, it
appears that they have failed to such a degree as to make it certain
that they will lack the means of subsisting next spring, when it will be
necessary for them to commence cultivating the lands now preparing
for their use. It is therefore agreed that the said Otoes, and Missou¬
ries (in addition to the presents herein before mentioned) shall be fur¬
nished at the expense of the United States with five hundred bushels of
corn to be delivered at their village in the month of April next. And
the same causes operating upon the Omahaws, they having also aban¬
doned their former situation, and established at the" place recommended
to them on the Missouri river, and finding it difficult without the aid of
ploughs to cultivate land near their village where they would be secure
from their enemies, it is agreed as a farther proof of the liberality of
the Government and its disposition to advance such tribes in the culti¬
vation of the soil as may manifest a disposition to rely on it for the
future means of subsistence; that they shall have one hundred acres of
ground broke up and put under a fence near their village, so soon as it
can be done after the ratification of this convention.

Art. 5. This convention shall be obligatory on the tribes parties
hereto, from and after the date hereof, and on the United States from
and after its ratification by the Government thereof.

TBEATY WITH THE SIOUX, 1836.

357

TREATY WITH THE SIOUX, 1836.

Convention with the Wahpaakootah , /Susseton , and Upper Medanvahmton Nov- 30< 1836-

tribes of Sioux Indians. 7stat., 527.

Proclamation, Feb.

In a convention held this thirtieth day of November 1836 between
Lawrence Taliaferro, Indian Agent at St. Peters, and the chiefs, braves,
and principal men of the Wahpaakootah, Susseton, and Upper Meda-
wakanton tribes of Sioux Indians, it has been represented, that accord¬
ing to the stipulations of the first article of the treaty of Prairie du
Chien of the 15th July, 1830, the country thereby ceded is “to be
assigned and allotted under the direction of the President of the United
States to the tribes now living thereon, or to such other tribes as the
President may locate thereon for hunting and other purposes.” And,
whereas, it is further represented to us, the chiefs, braves and principal
men of the tribes aforesaid, to be desirable, that the lands lying between
the State of Missouri, and the Missouri river should be attached to,
and become a part of said State, and the Indian title thereto be entirely
extinguished; but that, notwithstanding, as these lands compose a part
of the country embraced by the provisions of said first article of the
treaty aforesaid, the stipulations thereof will be strictly observed until
the assent of the Indians interested is given to the proposed measure.

Now we, the chiefs, braves, and principal men of the Wahpaakootah, u^d t0 the
Susseton and Upper Medawakanton tribes of Sioux Indians, fully under- m e es'
standing the subject, and well satisfied from the local position of the
lands in question that they can never be made available for Indian pur¬
poses, and that an attempt to place an Indian population on them must
inevitably lead to collisions with the citizens of the United States; and
further believing that the extension of the State line in the direction
indicated, would have a happy effect, by presenting a natural boundary
between the whites and Indians; and willing, moreover, to give the
United States a renewed evidence of our attachment and friendship, do
hereby for ourselves, and on behalf of our respective tribes (having
full power and authority to this effect) forever cede, relinquish and
quit claim to the United States all our right, title and interest of what¬
soever nature in, and to, the lands lying between the State of Missouri,
and the Missouri river, and do freely and fully exonerate the United
States from any guarantee, condition, or limitation, expressed or
implied, under the treaty of Prairie du Chien aforesaid, or otherwise,
as to the entire and absolute disposition of the said lands, fully author¬
izing the United States to do with the same whatever shall seem expe¬
dient or necessary.

As a proof of the continued friendship and liberality of the United Presents to Indians.
States towards the Wahpaakootah, Susseton and Upper Medawakanton
tribes of Sioux Indians, and as an evidence of the sense entertained
for the good will manifested by said tribes to the citizens and Govern¬
ment of the United States, as evinced in the preceding session or relin¬
quishment, the undersigned agrees, on behalf of the United States, to
cause said tribes to be furnished with presents to the amount of five
hundred and fifty dollars in goods , the receipt of which is hereby
acknowledged.

358

Jan. 14, 1837.

7 Stat., 528.
Proclamation, July
2, 1838.

Cession of land to
United States.

Indians may live on
certain tracts for five
years.-

Payment for ces¬
sion, etc.

Proviso.

Sums set apart by
the Indians.

♦Abrogated by art.
4 of treaty of Dec. 20,
1837.

TREATY WITH THE CHIPPEWA, 1837.

Articles of a treaty made and concluded at Detroit , in the State of
Michigan , on the fourteenth day of January ,in the year of our Lord
eighteen hundred and thirty-seven , between the United States of
America by their commissioner, Henry R. Schoolcraft, and the Saga-
naw tribe of the Chippewa nation, by their chiefs and delegates,
assembled in council .

Art. 1st, The said tribe cede to the United States the following
tracts of land, lying within the boundaries of Michigan; namely; One
tract of eight thousand acres, on the river Au Sable. One tract of two
thousand acres, on the Misho-wusk or Rifle river. One tract of six
thousand acres, on the north side of the river Kawka/wling . One tract
of five thousand seven hundred and sixty acres upon Flint river, includ¬
ing the site of Reaums village, and a place called Kishka/wbawee. One
tract of eight thousand acres on the head of the Cass (formerly Huron)
river, at the village of Otusson. One island in the Saganaw bay, esti¬
mated at one thousand acres, being the island called Shaingwaukokaug ,
on which Mukokoosh formerly lived. One tract of two thousand acres
at Nababish , on the Saganaw river. One tract of one thousand acres,
on the east side of the Saganaw river. One tract of six hundred and
forty acres, at Great Bend, on Cass river. One tract of two thousand
acres at the mouth of Point Augrais river. One tract of one thousand
acres, on the Cass river at Menoquetfs village. One tract of ten thou¬
sand acres on the Shiawassee river at Ketchewaundaugumink or Big
Lick. One tract of six thousand acres at the Little Forks, on the
Tetabwasing river. One tract of six thousand acres at the Black-Birds’
town, on the Tetabwasing river. One tract of forty thousand acres,
on the west side of the Saganaw river. The whole containing one hun¬
dred and two thousand four hundred acres, be the same more or less.

Art. 2d. The said Indians shall have the right of living upon the
tracts at the river Augrais, and Mushowusk or Rifle rivers, on the west
side of Saganaw bay, for the term of five years, during which time no
white man shall be allowed to settle on said tracts, under a penalty of
five hundred dollars, to be recovered, at the suit of the informer; one
half to the benefit of said informer, the other half to the benefit of the
Indians.

Art. 3rd. The United States agree to pay to the said Indians, in
consideration of the lands above ceded, the net proceeds of the sales
thereof, after deducting the expense of survey and sale, together with
the incidental expenses of this treaty. The lands shall be surveyed in
the usual manner, and offered for sale, as other public lands, at the
land offices of the proper districts, as soon as practicable after the rati¬
fication of this treaty. A special account of the sales shall be kept at
the Treasury, indicating the receipts from this source, and after deduct¬
ing therefrom the sums hereinafter set apart, for specified objects,
together with all other sums, justly chargeable to this fund, the balance
shall be invested, under the direction of the President, in some public
stock, and the interest thereof shall be annually paid to the said tribe,
in the same manner, and with the same precautions, that annuities are
paid. Provided, That, if the said Indians shall, at the expiration of
twenty years, or at any time thereafter, require the said stock to be
sold, and the proceeds thereof distributed among the whole tribe, or
applied to the advancement of agriculture, education, or any other
useful object, the same may be done, with the consent of the President
and Senate.

Art. 4th. The said Indians hereby set apart, out of the fund, created
by the sale of their lands, the following sums, namely ;

For the purchase of goods and provisions, to be delivered to them,
as soon as practicable after the ratification of this treaty, forty thou¬
sand dollars."

359

TREATY WITH THE CHIPPEWA, 1837.

For distribution among the heads of families, to be paid to them, as * Abrogated by art.
an annuity in 1837, ten thousand dollars.* 4 of treaty of Dec. 20,

F01 a special payment to each of the principal chiefs, agreeably to a
schedule annexed, five thousand dollars.

For the support of schools, among their children, ten thousand dol¬
lars.

For the payment of their just debts, accruing since the treaty of
(rhent, and before the signing of this treaty, forty thousand dollars.

1 or compensating American citizens, upon whose property this tribe
committed depredations after the surrender of Detroit in 1812, ten
thousand dollars.

For meeting the payment of claims which haye been considered and
allowed by the chiefs and delegates in council, as per schedule B here¬
unto annexed, twelve thousand two hundred and forty-three dollars
and seventy-five cents.

For vaccine matter, and the services of a physician, one hundred
dollars per annum for five years.

For the purchase of tobacco to be delivered to them, two hundred
dollars per annum for five years.

The whole of these sums shall be expended under the direction of To be expended un-
the President, and the following principles shall govern the applica- rwsKtion of the
tion. The goods and provisions shall be purchased by an agent, or
officer of the Government, on contract, and delivered to them, at their
expense, as early as practicable, after the ratification of the treaty.

The annuity of ten thousand dollars shall be divided among the heads
of families, agreeably to a census, to be taken for the purpose. The
school fund shall be put at interest, by investment in stocks, and the
interest applied annually to the object, commencing in the year 1840,
but the principal shall constitute a permanent fund for twenty years,
nor shall the stock be sold, nor the proceeds diverted, at that period,
without the consent of the President and Senate.

The monies set apart for the liquidation of their debts, and for Payment of the

depredations, committed by them, shall be paid, under such precau- dewsfetcf apart °r

tions for ascertaining the justice of the indebtedness or claim, as the
President may direct, but no payment shall be made, under either
head, which is not supported by satisfactory proof, and sanctioned by
the Indians: and if any balance of either sum remains, it shall be

immediately divided by the disbursing officer, among the Indians.

The other items of expenditure, mentioned in this article, shall be dis¬
bursed, under the usual regulations of the Indian Department, for
insuring faithfulness and accountability in the application of the money.

Art. 5th. The United States will advance the amount set apart in ^The YdvaenceStathe
the preceding article for the purchase of goods and provisions, and the amount vance X e
payment of debts, and depredations by the Indians, also the several Dec e20??837.]treaty °f
sums stipulated to be paid to the chiefs, and distributed to the Indians
as an annuity in 1837, and the amount set apart for claims allowed by
the Indians, together with the expense of this negotiation.

Art. 6th. The said tribe agrees to remove from the State of Michi- Removal of Indians,
gan, as soon as a proper location can be obtained. For this purpose,
a deputation shall be sent, to view the country, occupied by their
kindred tribes, west of the most westerly point of Lake Superior,* and DecS2oam7.’treatyof
if an arrangement for their future and permanent residence can be
made in that quarter, which shall be satisfactory to them, and to the
Government, they shall be permitted to form a reunion, with such
tribes, and remove thereto. If such arrangement cannot be effected,
the United States will afford its influence in obtaining a location for
them at such place, west of the Mississippi, and southwest of the Mis¬
souri, as the legislation of Congress may indicate. The agency of the
exploration, purchase, and removal will be performed by the United
States, but the expenses attending the same shall be chargeable to said
Indians at the Treasury, to be refunded out of the proceeds of their

360

TREATY WITH THE CHIPPEWA, 1837.

lands, at such time and in such manner as the Secretary of the Treasury
shall deem proper.

ete.hto Continued; Abt* ?th. It is agreed, that the smith’s shop shall be continued among
ete-’ ’ the Saganaws, together with the aid in agriculture, farming utensils,

and cattle, secured to them under the treaty of September 24th 1819,
as fixed, in amount, by the act of Congress of May 15th 1820. But
the President is authorized to direct the discontinuance of the stated
farmers should he deem proper, and the employment of a supervisor
or overseer, to be paid out of this fund, who shall procure the services,
and make the purchases required, under such instructions as may be
issued by the proper department. And the services shall be rendered,
and the shop kept, at such place or places, as may be most beneficial to
the Indians. It shall be competent for the Government, at the request
of the Indians, seasonably made, to furnish them agricultural products,
or horses and saddlery, in lieu of said services, whenever the fund will
Pr<mso‘ justify it. Provided , That the whole annual expense, including the

pay of the supervisor, shall not exceed the sum of two thousand dol¬
lars, fixed by the act herein above referred to.
certairf reservations™ Art- 8th. The United States, agree to pay to the said tribe, as one

of the parties to the treaty, concluded at Detroit, on the 17th of Novem¬
ber 1807, the sum of one thousand dollars, to quiet their claim, to two
reservations of land, of two sections each, lying in Oakland county,
in the State of Michigan, which were ceded to the Government by the
Pottowatomies of St. Joseph’s, on the nineteenth of September 1827.
This sum will be paid to the chiefs, who are designated in the schedule
referred to, in the fourth article, at the same time and place, that the
annuities for the present year are paid to the tribe. And the said tribe
hereby relinquish, and acknowledge full satisfaction, for any claim
they now have, or have ever possessed, to the reservations aforesaid.
tr^tiSotSa#efcteder Art* 9th. Nothing in this treaty shall be construed to affect the pay¬
ment of any annuity, due to the said tribe, by any prior treaty. But
the same shall be paid as heretofore.

tSSSnS Art- 10th- Should not the lands herein ceded, be sold, and the avails

’ J thereof, vested for said tribe, as provided in the third article, before
the thirtieth da^ of September of the present year, so that the annual
interest of such investment may be relied on, to constitute an annuity
for said tribe in the year eighteen hundred and thirty-eight, the United
States will, during the said year 1838, advance the same amount which
is provided for that object in the fourth article of this treaty, which
sum shall be refunded to the Treasury by said tribe with interest, out
of any fund standing to their credit, at the discretion of the Secretary
of the Treasury.

toEtfeP paid by United Art- n.th- The usuaJ expenses, attendingthe formation of thistreaty,

states. will be paid by the United States, provided, that the Government may,

in the discretion of the President, direct the one moiety thereof to be
charged to the Indian fund, created by the third article of this treaty.

Schedule of the names of chiefs entitled to payments under the fourth and eighth articles of
the foregoing treaty:

The following chiefs, representing the several bands of the tribe of the Saganaws,
are entitled to receive the several sums of five hundred and one hundred dollars each,
to wit:

1. Ogima Kegido

2. Shawun, Epenaysse

3. Naum Gitchegomee

4. Mauk Esaub

5. Muckuk, Kosh

6. Pete way, Weetum

7. Pay pah, Monshee

8. Tontagonee

9. Wasse

10. Wahputo-ains.

Henry R. Schoolcraft,

Commissioner.

TREATY WITH CHOCTAW AND CHICKASAW, 1837. 361

Schedule B.

To Wawasso . $4qq qq

K e-she-ah-be-no-qua, sister of W awasso . 400 00

Ke-wah-ne-quot . 4qq qq

Peter Provencal . . 4 0 00

Leon, or Oge-ma-ge-ke-to . !!""!!!!!!!!!!!!!!!!!! 400 00

Moran, or Chemoquemont . 200 00

Ke-she-go-qua . . . ! 200 00

Wetonsaw, son oi James Connor . 40Q qq

Odis-pa-be-go-qua and children . ””!!”!!”***"* 800 00

Pen-a-see . 400 00

Ozhe-me-ega . 400 00

Bourissa’s wife, at River au Sable . 800 00

Nah-bwa-quo-una . 4qq qq

Muttoway-bun-gee . ’ 4qq qq

Chonne . 400 00

Mah-in-gun . 800 00

Ma-conse . 800 00

J. P. Simonton . 8qq qq

Wabisbkindib, or Henry Conner . • . 3; 243 75

Peepegauaince . ’ 200 00

TREATY WITH CHOCTAW AND CHICKASAW, 1837.

Articles of convention and agreement made on the seventeenth day of Jan. 17,1837.
January , 1837, between the undersigned chiefs and commissioners duly n stats., 573.
appointed and empowered by the Choctaw tribe of red people , and ^Proclaimed Mar. 24,
John McLish , Pitman Colbert , James Brown , and James Perry , dele¬
gates of the Chickasaw tribe of Indians, duly authorized by the chiefs
and head-men of said people for that purpose, at Doaksville, near Fort
Towson , in the Choctaw country.

Article 1. It is agreed by the Choctaws that the Chickasaws shall chickasaws may
have the privilege of forming a district within the limits of their 5cteiSS.tl]e
country, to be held on the same terms that the Choctaws now hold it,
except the right of disposing of it, (which is held in common with the
Choctaws and Chickasaws,) to be called the Chickasaw district of the
Choctaw Nation; to have an equal representation in their general
council, and to be placed on an equal footing in every other respect
with any of the other districts of said nation, except a voice in the
management of the consideration which is given for these rights and
privileges; and the Chickasaw people to be entitled to all the rights
and privileges of Choc taws, with the exception of participating in the
Choctaw annuities and the consideration to be paid for these rights
and privileges, and to be subject to the same laws to which the Choc¬
taws are; but the Chickasaws reserve to themselves the sole right and
privilege of controlling and managing the residue of their funds as far
as is consistent with the late treaty between the said people and the
Government of the United States, and of making such regulations and
electing such officers for that purpose as they may think proper.

Article 2. The Chickasaw district shall be bounded as follows, viz: Boundaries of dis-
beginning on the north bank of Red River, at the mouth of Island tnct'

Bayou, about eight or ten miles below the mouth of False Wachitta;
thence running north along the main channel of said bayou to its source;
thence along the dividing ridge between the Wachitta and Low Blue
Rivers to the road leading from Fort Gibson to Fort Wachitta; thence
along said road to the line dividing Musha-la-tubbee and Push-meta-
haw districts; thence eastwardly along said district line to the source
of Brushy Creek; thence down said creek to where it flows into the
Canadian River, ten or twelve miles above the mouth of the south fork
of the Canadian; thence west along the main Canadian River to its
source, if in the limits of the United States, or to those limits; and
thence due south to Red River, and down Red River to the beginning.

362

TREATY WITH THE POTAWATOMI, 1837.

Payment for these Article 3. The Chickasaws agree to pay the Choctaws, as a consid-
pnviieges. eration for these rights and privileges, the sum of five hundred and

thirty thousand dollars — thirty thousand of which shall be paid at the
time and in the manner that the Choctaw annuity of 1837 is paid, and
the remaining five hundred thousand dollars to be invested in some
safe and secure stocks, under the direction of the Government of the
United States, redeemable within a period of not less than twenty
years — and the Government of the United States shall cause the inter¬
est arising therefrom to be paid annually to the Choctaws in the fol¬
lowing manner: twenty thousand dollars of which to be paid as the
present Choctaw annuity is paid, for four years, and the residue to be
subject to the control of the general council of the Choctaws; and after
the expiration of the four years the whole of said interest to be sub¬
ject to the entire control of the said council.

Differences as to the Article 4. To provide for the future adjustment of all complaints
or dissatisfaction which may arise to interrupt the peace and harmony
ferred to the choctaw which have so long and so happily existed between the Choctaws and
Chickasaws, it is hereby agreed by the parties that all questions rela¬
tive to the construction of this agreement shall be referred to the Choc-
tow agent to be by him decided; reserving, however, to either party,
should it feel itself aggrieved thereby, the rights of appealing to the
Appeal to the Presi- President of the United States, whose decision shall be final and bind-
dent- ing. But as considerable time might elapse before the decision of the

President could be had, in the mean time the decision of the said agent
shall be binding.

Both to have equal Article 5. It is hereby declared to be the intention of the parties
rights and privileges. hereto, that equal rights and privileges shall pertain to both Choctaws
and Chickasaws to settle in whatever district they may think proper,
and to be eligible to all the different offices of the Choctaw Nation, and
Except. to vote on the same terms in whatever district they may settle, except

that the Choctaws are not to vote in anywise for officers in relation to
the residue of the Chickasaw fund.

TREATY WITH THE POTAWATOMI, 1837.

Articles of a treaty concluded in the city of Washington on the eleventh
day of February eighteen hundred and thirty-seven between John T.
Douglass , commissioner on the part of the Vnited States and Ghee-
chaw-kose , Ash-kum Wee-saw or Louison, Muck-kose and Qui-gui-to ,
chiefs of the Potawatomie tribe of Indians.

Article 1. The chiefs and head men above named do, for themselves
and their respective bands sanction and give their assent to the provi¬
sions of the treaties concluded between A. C. Pepper, commissioner on
the part of the United States and certain chiefs and young men of the
Potawatomie tribe of Indians, on the 5th day of August and 23d day
of September 1836, in which were ceded to the United States certain
lands in the State of Indiana, in which the chiefs and head men above
named have an interest, the same having been reserved for them and
their bands respectively in the treaties of October 26th and 27th 1832.
And the chiefs and head men above named, for themselves and their
Land ceded to bands, do hereby cede to the United States all their interest in said
^Indians1 to^remove lands, and agree to remove to a country that may be provided for them
utkin two years. hy the President of the United States, southwest of the Missouri river,

within two years from the ratification of this treaty.

Payment by tke Art. 2. The United States agree that the several sums, for the pay¬
ment of which provision is made in the treaties of August and Sep¬
tember 1836, referred to in the preceding article, shall be paid to the
respective chiefs and bands, for whose benefit the lands, ceded by said
treaties were reserved.

Feb. 11, 1837.

7 Stat., 532.
Proclamation, Feb.
18, 1837.

Former treaties
sanctioned.

TREATY WITH THE KIOWA, ETC., 1837.

363

Art. 3. The United States further agree to convey by patent to
the Potawatomies of Indiana, a tract of country, on the Osage river
southwest of the Missouri river, sufficient in extent, and adapted to
their habits and wants; remove them to the same; furnish them with
one year’s subsistence after their arrival there, and pay the expenses
of this treaty, and of the delegation now in this city.

Art. 4. It is further stipulated, that the United States will purchase
the “five sections in the prairie, near Pock Village” reserved for Qui-
qui-to, in the second article of the treaty of October 20th 1832 for the
sum of $4,000; to be paid to said chief at such times and places as the
President of the United States may think proper.

Art. 5. This treaty to be obligatory upon the contracting parties
when ratified by the President and Senate of the United States.

TREATY WITH THE KIOWA. ETC., 1837.

Treaty with the Kioway , Ka-ta-ha and Ta-wa-ha-ro , Nations of India/ns.

W hereas a treaty of peace and friendship was made and signed on
the 24th day of August 1835, between Montfort Stokes and Brigadier
General Matthew Arbuckle, commissioners on behalf of the United
States on the one part; and the chiefs, and head-men and representa¬
tives of the Comanche, Witchetaw, Cherokee Muscogee, Choctaw,
Osage, Seneca and Quapaw nations or tribes of Indians on the other
part: and whereas the said treaty has been duly ratified by the Gov¬
ernment of the United States; now know all whom it may concern,
that the President of the United States, by letter of appointment and
instructions of the 7th day of April 1837, has authorized Col. A. P.
Chouteau to make a convention or treaty between the United States
and any of the nations or tribes of Indians of the Great W estern
Prairie; we the said Montfort Stokes, and A. P. Chouteau, commis¬
sioners of Indian treaties, have this day made and concluded a treaty
of peace and friendship, between the United States of America, and
the chiefs, headmen and representatives of the Kioway, Ka-ta-ka, and
Ta-wa-ka-ro nations of Indians, on the following terms and conditions,
that is to say:

Article 1st. There shall be perpetual peace and friendship between
all the citizens of the United States of America and all the individuals
composing the Kioway, Ka-ta-ka, and Ta-wa-ka-ro nations and their
associated bands or tribes of Indians, and between these nations or
tribes and the Muscogee and Osage nations or tribes of Indians.

Article 2d. Every injury or act of hostility by one or either of the
contracting parties on the other, shall be mutually forgiven and for
ever forgot.

Article 3d. There shall be a free and friendly intercourse between
all the contracting parties hereto; and it is distinctly understood and
agreed by the Kioway, Ka-ta-ka and Ta-wa-ka-ro nations, and their
associated bands or tribes of Indians, that the citizens of the United
States are freely permitted to pass and repass through their settlements
or hunting ground without molestation or injury, on their way to any
of the provinces of the Republics of Mexico or Texas, or returning
therefrom, and that the nations or tribes named in this article further
agree to pay the full value of any injury their people may do to the
goods or property of the citizens of the United States, taken or destroyed
when peaceably passing through the countiy they inhabit or hunt in, or
elsewhere. — And the United States hereby guarantee to any Indian or
Indians of the Kiowav, Ka-ta-ka and Ta-wa-ka-ro nations, and their
associated bands or tribes of Indians, a full indemnification for any
horses or other property which may be stolen from them, Provided
That the propertv so stolen cannot be recovered, and that sufficient

United States to
convey certain terri¬
tory to Indians.

United States to
purchase certain re¬
served land.

Treaty binding
when ratified.

May 26, 1837.

7 Stat., 533.
Proclamation, Feb.
21, 1838.

Peace and friend¬
ship.

Injuries mutually
forgiven.

Friendly inter¬
course.

Payment for prop¬
erty stolen.

Proviso.

364

TREATY WITH THE CHIPPEWA, 1837.

Hunting ground.

Payment for inju¬
ries to United States
traders.

Treatment of other
Indians.

In case of difficulties
between any of the
parties hereto.

Presents to Indians.

Relations with Mex-
icp.

Treaty binding
when ratified.

July 29, 1837.

7 Stat., 536.
Proclamation, June
15, 1838.

Land ceded to the
United States.

Boundaries.

proof is produced that it was actually stolen by a citizen of the United
States, and within the limits thereof.

Article 4th. It is understood and agreed by all the nations or tribes
of Indians, parties to this treaty, that each and all of the said nations
or tribes have free permission to hunt and trap in the Great Prairie
west of the Cross Timber to the western limits of the United States.

Article 5th. The Kioway, Ka-ta-ka and Ta-wa-ka-ro nations and
their associated bands or tribes of Indians agree and bind themselves to
pay full value for any injury their people may do to the goods or other
property of such traders as the President of the United States may
place near to their settlements or hunting ground for the purpose of
trading with them.

Article 6th. The Kioway, Ka-ta-ka and Ka-wa-ka-ro nations and
their associated bands or tribes of Indians, agree, that in the event any
of the red people belonging to the nations or tribes of Indians residing
south of the Missouri river, and west of the States of Missouri and
Arkansas, not parties to this treaty, should visit their towns, or be found
on their hunting ground, that they will treat them with kindness and
friendship, and do no injury to them in any way whatever.

Article 7th. Should any difficulty hereafter unfortunately arise
between any of the nations or tribes of Indians, parties hereunto, in
consequence of murder, the stealing of horses, cattle, or other cause,
it is agreed that the other tribes shall interpose their good offices to
remove such difficulties; and also that the Government of the United
States may take such measures as they may deem proper to effect the
same object, and see that full justice is done to the injured party.

Article 8th. It is agreed by the commissioners of the United States
that in consequence of the Kioway, Ka-ta-ka and Ta-wa-ka-ro nations
and their associated bands or tribes of Indians having freely and will¬
ingly entered into this treaty, and it being the first they have made
with the U nited States, or any of the contracting parties, that they shall
receive presents immediately after signing, as a donation from the
United States; nothing being asked from the said nations or tribes in
return, except to remain at peace with the parties hereto, which their
own good and that of their posterity require.

Article 9th. The Kioway, Ka-ta-ka and Ta-wa-ka-ro nations, and
their associated bands or tribes of Indians, agree, that their entering
into this treaty shall in no respect interrupt their friendly relations
with the Republics of Mexico and Texas, where they all frequently
hunt and the Kioway, Ka-ta-ka and Ta-wa-ka-ro nations sometimes
visit; and it is distinctly understood that the Government of the United
States desire that perfect peace shall exist between the nations or tribes
named in this article, and the said Republics.

Article 10th. This treat}7 shall be obligatory on the nations or tribes,
parties hereto, from and after the date hereof, and on the United States,
from and after its ratification by the Government thereof.

TREATY WITH THE CHIPPEWA, 1837.

Articles of a treaty made and concluded at St. Peters ( the confluence of
the St. Peters and Mississippi rivers) in the Territory of Wisconsin ,
between the United States of America , by their commissioner , Henry
Dodge , Governor of said Territory, and the Chippewa nation of
Indians , by their chiefs and headmen.

Article 1. The said Chippewa nation cede to the United States all
that tract of country included within the following boundaries:

Beginning at the junction of the Crow Wing ana Mississippi rivers,
between twenty and thirty miles above where the Mississippi is crossed
by the forty-sixth parallel of north latitude, and running thence to the

TREATY WITH THE CHIPPEWA, 1837.

365

north point of Lake St. Croix, one of the sources of the St. Croix
river; thence to and along the dividing ridge between the waters of
Lake Superior and those of the Mississippi, to the sources of the
Ocha-sua-sepe a tributary of the Chippewa river; thence to a point on
the Chippewa river, twenty miles below the outlet of Lake De Flam¬
beau; thence to the junction of the Wisconsin and Pelican rivers;
thence on an east course twenty-live miles; thence southerly, on a
course parallel with that of the Wisconsin river, to the line dividing
the territories of the Chippewas and Menomonies; thence to the Plover
Portage; thence along the southern boundary of the Chippewa coun¬
try, to the commencement of the boundary line dividing it from that
of the Sioux, half a days march below the falls on the Chippewa river;
thence with said boundary line to the mouth of Wah-tap river, at its
junction with the Mississippi; and thence up the Mississippi to the
place of beginning.

Article 2. In consideration of the cession aforesaid, the United united states to
States agree to make to the Chippewa nation, annually, for the term ^ymentfarmuaEy
of twenty years, from the date of the ratification of this treaty, the for twenty years,
following payments.

1. Nine thousand five hundred dollars, to be paid in money.

2. Nineteen thousand dollars, to be delivered in goods.

3. Three thousand dollars for establishing three blacksmiths shops,
supporting the blacksmiths, and furnishing them with iron and steel.

4. One thousand dollars for farmers, and for supplying them and
the Indians, with implements of labor, with grain or seed; and what¬
ever else may be necessary to enable them to carry on their agricul¬
tural pursuits.

5. Two thousand dollars in provisions.

6. Five hundred dollars in tobacco.

The provisions and tobacco to be delivered at the same time with
the goods, and the money to be paid; which time or times, as well as
the place or places where they are to be delivered, shall be fixed upon
under the direction of the President of the United States.

The blacksmiths shops to be placed at such points in the Chippewa
country as shall be designated by the Superintendent of Indian Affairs,
or under his direction.

If at the expiration of one or more years the Indians should prefer
to receive goods, instead of the nine thousand dollars agreed to be
paid to them in money, they shall be at liberty to do so. Or, should
they conclude to appropriate a portion of that annuity to the establish¬
ment and support of a school or schools among them, this shall be

granted them.

Article 3. The sum of one hundred thousand dollars shall be paid payment to haif-
by the United States, to the half-breeds of the Chippewa nation, under breeds‘
the direction of the President. It is the wish of the Indians that their
two sub-agents Daniel P. Bushnell, and Miles M. Vineyard, superintend
the distribution of this money among their half-breed relations.

Article 4. The sum of seventy thousand dollars shall be applied a„S®^i°1flsclaimy
to the payment, by the United States, of certain claims against the
Indians; of which amount twenty-eight thousand dollars shall, at their
request, be paid to William A. Aitkin, twenty-five thousand to Lyman
M. Warren, and the balance applied to the liquidation of other just
demands against them — which they acknowledge to be the case with
regard to that presented by Hercules L. Dousman, for the sum of five

thousand dollars; and they request that it be paid. ,

Article 5. The privilege of hunting, fishing, and gathering the wild Hunting ground,
rice, upon the lands, the rivers and the lakes included in the territory
ceded, is guarantied to the Indians, during the pleasure of the Presi¬
dent of the United States. .1

Article 6. This treaty shall be obligatory from and after its ratifi- whenaratinedm mg
cation by the President and Senate of the United States.

366

TREATY WITH THE SIOUX, 1837.

Sept. 29, 1837.

7 Stat., 538.
Proclamation, June
15, 1838.

Cession of land to
the United States.

Consideration there¬
for.

$300,000 to be in¬
vested for Indians.

$110,000 for persons
of mixed blood.

Payment of Indian
debts.

Annuity.

Agricultural imple¬
ments, etc

Improvement of
lands.

Provisions.

Goods.

Treaty bindingwhen
ratified.

TREATY WITH THE SIOUX, 1837.

Articles of a treaty, made at the City of Washington , between Joel R.

Poinsett , thereto specialty authorized by the President of the United

States , and certain chiefs and braves of the Sioux nation of Indians.

Article 1st. The chiefs and braves representing the parties having
an interest therein, cede to the United States all their land, east of the
Mississippi river, and all their islands in the said river.

Article 2d. In consideration of the cession contained in the pre¬
ceding article, the United States agree to the following stipulations on
their part.

First. To invest the sum of $300,000 (three hundred thousand dol¬
lars) in such safe and profitable State stocks as the President may
direct, and to pay to the chiefs and braves as aforesaid, annually, for¬
ever, an income of not less than five per cent, thereon ; a portion of
said interest, not exceeding one third, to be applied in such manner as
the President may direct, and the residue to be paid in specie, or in
such other manner, and for such objects, as the proper authorities" of
the tribe may designate.

Second. To pay to the relatives and friends of the chiefs and braves,
as aforesaid, having not less than one quarter of Sioux blood, $110,000
(one hundred and ten thousand dollars,) to be distributed by the
proper authorities of the tribe, upon principles to be determined by
the chiefs and braves signing this treaty, and the War Department.

. Third. To apply the sum of $90,000 (ninety thousand dollars) to
the payment of just debts of the Sioux Indians, interested in the lands
herewith ceded.

Fourth. To pay to the chiefs and braves as aforesaid an annuity for
twenty years of $10,000 (ten thousand dollars) in goods, to be pur¬
chased under the direction of the President, and delivered at the
expense of the United States.

Fifth. To expend annually for twenty years, for the benefit of
Sioux Indians, parties to this treaty, the sum of $8,250 (eight thou¬
sand two hundred and fifty dollars) in the purchase of medicines, agri¬
cultural implements and stock, and for the support of a physician,
farmers, and blacksmiths, and for other beneficial objects.

Sixth. In order to enable the Indians aforesaid to break up and
improve their lands, the United States will supply, as soon as practi¬
cable, after the ratification of this treaty, agricultural implements,
mechanics’ tools, cattle, and such other articles as may be useful to
them, to an amount not exceeding $10,000, (ten thousand dollars.)

Seventh. To expend annually, for twenty years, the sum of $5,500
(five thousand five hundred dollars) in the purchase of provisions, to
be delivered at the expense of the United States.

Eighth. To deliver to the chiefs and braves signing this treaty, upon
their arrival at St. Louis, $6,000 (six thousand dollars) in goods.

Article 3rd. [Stricken out by Senate.]

Article 4th. This treaty shall be binding on the contracting parties
as soon as it shall be ratified by the United States.

TREATY WITH THE SAUK AND FOXES, 1837.

367

TREATY WITH THE SAUK AND FOXES, 1837.

Articles of a treaty made at the city of Washington , between Carey A.

Harris , Commissioner of Indian Affairs , thereto authorized by the

President of the United States , and the confederated tribes of Sacs

and Foxes , by their chiefs and delegates.

Article 1. The Sacs and Foxes make to the United States the fol¬
lowing cessions:

First. Of a tract of country containing 1,250,000 (one million two
hundred and fifty thousand) acres lying west and adjoining the tract
conveyed by them to the United States in the treaty of September
21st, 1832. It is understood that the points of termination for the
present cession shall be the northern and southern points of said tract
as fixed by the survey made under the authority of the United States,
and that a line shall be drawn between them, so as to intersect a line
extended westwardly from the angle of said tract nearly opposite to
Rock Island as laid down in the above survey, so far as may be neces¬
sary to include the number of acres hereby ceded, which last mentioned
line it is estimated will be about twenty-five miles.

Second. Of all right or interest in the land ceded by said confeder¬
ated tribes on the 15th of July 1830, which might be claimed by them,
under the phraseology of the first article of said treaty.

Article 2d. In consideration of the cessions contained in the pre¬
ceding article, the United States agree to the following stipulations on
their part:

First. To cause the land ceded to be surveyed at the expense of the
United States, and permanent and prominent land marks established,
in the presence of a deputation of the chiefs of said confederated tribes.

Second. To pay the debts of the confederated tribes, which may be
ascertained to be justly due, and which may be admitted by the Indians,
to the amount of one hundred thousand dollars ($100,000) provided,
that if all their just debts amount to more than this sum, then their
creditors are to be paid pro rata upon their giving receipts in full; and
if said debts fall short of said sum, then the remainder to be paid to the
Indians. And provided also, That no claim for depredations shall be
paid out of said sum.

Third. To deliver to them goods, suited to their wants, at cost, to
the amount of twenty-eight thousand five hundred dollars ($28,500.)

Fourth. To expend, in the erection of two grist mills, and the sup¬
port of two millers for five years, ten thousand dollars ($10,000.)

Fifth. To expend in breaking up and fencing in ground on the land
retained by said confederated tribes, and for other beneficial objects,
twenty -four thousand dollars ($24,000.)

Sixth. To expend in procuring the services of the necessary num¬
ber of laborers, and for other objects connected with aiding them in
agriculture, two thousand dollars ($2,000) a year, for five years.

Seventh. For the purchase of horses and presents, to be delivered to
the chiefs and delegates on their arrival at St. Louis, four thousand five
hundred dollars ($4,500,) one thousand dollars ($1,000) of which is in
full satisfaction of any claim said tribe may have on account of the
stipulation for blacksmiths in the treaty of 1832. AAAX

Eighth. To invest the sum of two hundred thousand dollars ($200,000)
in safe State stocks, and to guarantee to the Indians, an annual income
of not less than five per cent, the said interest to.be paid to them each
year, in the manner annuities are paid, at such time and place, and in
money or goods as the tribe may direct. Provided, That it may be
competent for the President to direct that a portion of the same may,
with the consent of the Indians, be applied to education, or other pur¬
poses calculated to improve them.

Oct. 21, 1837.

7 Stat., 540.
Proclamation, Feb.
21, 1838.

Lands ceded to the
United States.

Consideration there¬
for.

Land ceded to be
surveyed, etc.

Payment of debts
due by Indians.

Proviso

Goods.

Gristmills.

Breaking up ground,
etc.

Laborers.

Horsesand presents.

$200,000 to be in¬
vested for Indians.

Proviso.

368

TREATY WITH THE SAUK AHD FOXES, 1837.

Blacksmiths’ and
gunsmith’s establish¬
ments to be removed,
etc.

Removalof Indians.

United States to pay
expenses of making
treaty.

Treaty binding
when ratified.

Oct. 21, 1837.

7 Stat., 542.
Proclamation, Feb.
21, 1838.

Indians cede all
their right in land
ceded by treaty of
15th July, 1830.

Consideration there¬
for.

How to be expend¬
ed.

United States to pay
expenses of this
treaty.

Treaty binding
when ratified.

Oct. 21, 1837.

7 Stat., 543.
Proclamation, Feb.
21, 1838.

Cessions to the
United States.

Article 3d. The two blacksmith’s establishments, and the gun¬
smith’s establishment, to which the Sacs and Foxes are entitled under
treaties prior to this, shall be removed to, and be supported in the coun¬
try retained by them, and all other stipulations in former treaties,
inconsistent with this, or with their residence, and the transaction of
their business on their retained land are hereby declared void.

Article 4th. The Sacs and Foxes agree to remove from the tract
ceded, with the exception of Keokuck’s village, possession of which
may be retained for two years, within eight months from the ratifica¬
tion of this treaty.

Article 5th. The expenses of this negotiation and of the chiefs and
delegates signing this treaty to this city, and to their homes, to be paid
by the United States.

"Article 6th. This treaty to be binding upon the contracting parties
when the same shall be ratified by the United States.

TREATY WITH THE YANKTON SIOIJX, 1837.

Articles of cl treaty made at the city of Washington , between Carey A.
Harris , thereto specially authorized by the President of the _ United
States , and the Yankton tribe of Sioux Indians ^ by their chiefs and
delegates.

Article 1st. The Yankton tribe of Sioux Indians cede to the United
States all the right and interest in the land ceded by the treaty, con¬
cluded with them and other tribes on the fifteenth of July, 1830,
which they might be entitled to claim, by virtue of the phraseology
employed in the second article of said treaty.

Article 2d. In consideration of the cession contained in the pre¬
ceding article, the United States stipulate to pay them four thousand
dollars ($4,000.)

It is understood and agreed, that fifteen hundred dollars ($1,500) of
this sum shall be expended in the purchase of horses and presents,
upon the arrival of the chiefs and delegates at St, Louis; two thou¬
sand dollars ($2,000) delivered to them in goods, at the expense of the
United States, at the time their annuities are delivered next year;
and five hundred dollars ($500) be applied to defray the expense of
removing the agency building and blacksmith shop from their present
site.

Article 3d. The expenses of this negotiation, and of the chiefs and
delegates signing this treaty to this city and to their homes, to be paid
by the United States.

Article 4th. This treaty to be binding upon the contracting parties,
when the same shall be ratified by the United States.

TREATY WITH THE SAUK AND FOXES, 1837.

Articles of a treaty made at the City of Washington , between Carrey A.
Harris , thereto specially authorized by the President of the United
States , and the Sacs and Foxes of Missouri , by their Chiefs and
Delegates.

Article 1st. The Missouri Sac and Fox Indians make the following
cessions to the United States:

Pirst. Of all right or interest in the country between the Missouri
and Mississippi rivers and the boundary line between the Sac and Fox
and the Sioux Indians, described in the second article of the treaty

TREATY WITH THE WI.NHEBAGK), 1837.

369

made with these and other tribes on the 19th of August 1825, to the
full extent to which said claim was recognized in the third article of
said treaty; and of all interest or claim by virtue of the provisions of
any treaties since made by the United States with the Sacs and Foxes.

Second. Of all the right to locate, for hunting or other purposes, on
the land ceded in the first article of the treaty of July 15th 1830, which,
by the authority therein conferred on the President of the United
States they may be permitted by him to enjoy.

Third. Of all claims or interest under the treaties of November 3d,

1804, August 4th, 1824, July 15th, 1830, and September 17th, 1836,
for the satisfaction of which no appropriations have been made.

Article 2d. In consideration of the cession contained in the pre- consideration there-
ceding article, the United States agree to the following stipulations on for-
their part:

First. To pay to the said Sacs and Foxes of the Missouri, the sum Payment of $160,000
of one hundred and sixty thousand dollars ($160,000.) to Indians.

It is understood and agreed that of the said sum of one hundred and $2,500 to be expended
sixty thousand dollars, ($160,000,) there shall be expended in the pur- for merchandise,
chase of merchandise to be delivered whenever in the judgment of the
President it may be best for them twenty -five hundred dollars, ($2,500;)
and there shall be paid to Jacques Mettez, their interpreter, for serv¬
ices rendered, and at their request, one hundred dollars, ($100.)

Second. To invest the balance of said sum amounting to one hundred Balance to be in-
and fifty-seven thousand four hundred dollars ($157,400,) and to guar- yested-
anty them an annual income of not less than five per cent, thereon.

Third. To apply the interest herein guaranteed, in the following how t0 be

manner: appie '

For the support of a blacksmith’s establishment, one thousand dol¬
lars ($1,000) per annum.

For the support of a farmer, the supply of agricultural implements
and assistance, and other beneficial objects, sixteen hundred dollars
($1,600) per annum.

For the support of a teacher and the incidental expenses of a school,
seven hundred and seventy dollars ($770) per annum.

The balance of the interest, amounting to forty-five hundred dollars
($4,500,) shall be delivered at the cost of the United States, to said
Sac and Fox Indians, in money or merchandise, at the discretion of
the President, and at such time and place as he may direct.

Article 3d. The expenses of this negotiation and of the chiefs and Expenses of this
delegates signing this treaty to this city and to their homes to be paid unit!dtstates.paid by
by the United States.

Article 4th. This treaty to be binding upon the contracting parties, wSartJtifiebdinding
when the same shall be ratified by the U nited States.

TREATY WITH THE WINNEBAGO, 1837.

Articles of a treaty made at the city of Washington, between Carey A. Nov-1’1837-
Harris , thereto specially directed by the President of the . United 7stat.,544.

States , and the Winnebago nation of Indians , by their chiefs and i5Pi83C8.amatlon’ June
delegates.

Article 1st. The Winnebago nation of Indians cede to the United u^edstetef tothe
States all their land east of the Mississippi river.

Article 2d. The said Indians further agree to relinquish the right Sjj

to occupy, except for the purpose of hunting a portion of the land except fo^ hunting,
held by them west of the Mississippi, included between that river and
a line drawn from a point twenty miles distant therefrom on the south¬
ern boundary of the neutral ground to a point, equidistant from the
said river, on the northern boundary thereof.

S. Doc. 452 - 24

370

TREATY WITH THE WINNEBAGO, 1837.

Their title not to be
invalidated.

Indians to remove
within eight months.

Consideration for
said cession.

$200,000 set apart to
pay individuals.

Balance, how to be
applied.

Provision for rela¬
tions, etc., of Indians.

Removal of Indians

Horses and goods.

Provisions and
horses.

Gristmill.

Breakingupground,

etc.

Contingent ex¬
penses.

But this stipulation shall not be so construed, as to invalidate their
title to the said tract.

Article 3d. The said Indians agree to remove within eight months
from the ratification of this treaty, to that portion of the neutral
ground west of the Mississippi, which was conveyed to them in the
second article of the treaty of September 21st, 1832, and the United
States agree that the said Indians may hunt upon the western part of
said neutral ground until they shall procure a permanent settlement.

Article 4th. In consideration of the cession and relinquishment
contained in the preceding articles, the United States agree to the fol¬
lowing stipulations on their part.

First. To set apart the sum of two hundred thousand dollars ($200,000)
for the following purposes;

To pay to the individuals herein named the sum specified for each;
To Nicholas Boilvin, six thousand dollars ($6,000); to the other four
children of Nicholas Boilvin, formerly agent for said nation, four thou¬
sand dollars ($4,000) each; to Catherine Myott, one thousand dollars,
($1,000); to Hyancinthe St. Cyr one thousand dollars ($1,000); to the
widow of Henry Gratiot, late sub-agent of the nation, in trust for her
eight children, ten thousand dollars ($10,000); to H. L. Dousman, in
trust for the children of Pierre Paquette, late interpreter for the nation
three thousand dollars ($3,000); to Joseph Brisbois, two thousand dol¬
lars ($2,000); toSatterlee Clark, junior, two thousand dollars ($2,000;)
to John Roy, two thousand dollars ($2,000); to Antoirie Grignon, two
thousand dollars ($2,000); to Jane F. Rolette, two thousand dollars
($2,000); to George Fisher, one thousand dollars ($1,000); to Therese
Roy, one thousand dollars ($1,000); to Domitille Brisbois, one thou¬
sand dollars ($1,000). These sums are allowed, at the earnest solici¬
tation of the chiefs and delegates, for supplies and services to the
nation, afforded by these individuals.

The balance of the above sum of two hundred thousand dollars
($200,000) shall be applied to the debts of the nation, which may be
ascertained to be justly due, and which may be admitted by the Indians:
Provided , That if all their just debts shall amount to more than this
balance, their creditors shall be paid pro rata , upon their giving receipts
in full; and if the just debts shall fall short of said balance, the residue
of it shall be invested for the benefit of the nation; And provided, also ,
That no claim for depredations shall be paid out of said balance.

Second. To pay, under the direction of the President, to the rela¬
tions and friends of said Indians, having not less than one quarter of
Winnebago blood, one hundred thousand dollars ($100,000).

Third. To expend, for their removal to the lands assigned them, a
sum not exceeding seven thousand dollars ($7,000).

Fourth. To deliver to the chiefs and delegates on their arrival at St.
Louis, goods and horses to the amount of three thousand dollars ($3,000);
and, also, to deliver to them, as soon as practicable after the ratification
of this treaty, and at the expense of the United States goods to the
amount of forty-seven thousand dollars ($47,000).

Fifth. To deliver to them provisions to the amount of ten thousand
dollars, ($10,000); and horses to the same amount.

Sixth. To apply to the erection of a grist-mill, three thousand dol¬
lars, ($3,000).

Seventh. To expend, in breaking up and fencing in ground, after
the removal of the said Indians, ten thousand dollars ($10,000).

Eighth. To set apart the sum of ten thousand dollars ($10,000) to
defray contingent and incidental expenses in the execution of this
treaty, and the expenses of an exploring party, when the said Indians
shall express a willingness to send one to the country southwest of the
Missouri river.

TREATY WITH THE IOWA, 1837.

371

Ninth. To invest the balance of the proceeds of the lands ceded in
the first article of the treaty, amounting to eleven hundred thousand
dollars (1,100,000,) and to guaranty to them an interest of not less
than five per cent.

Of this interest amounting to fifty -five thousand dollars ($55,000,) it
is agreed the following disposition shall be made;

For purposes of education, twenty-eight hundred dollars ($2,800).

For the support of an interpreter for the school, five hundred dollars,
($500.)

For the support of a miller, six hundred dollars ($600.)

For the supply of agricultural implements and assistance, five hun¬
dred dollars, ($500.)

For medical services and medicines, six hundred dollars ($600.)

The foregoing sums to be expended for the objects specified, for the
term of twenty-two years, and longer at the discretion of the President.
If at the expiration of that period, or any time thereafter, he shall think
it expedient to discontinue either or all of the above allowances, the
amount so discontinued shall be paid to the said Winnebago nation.
The residue of the interest, amounting to fifty thousand dollars
($50,000,) shall be paid to said nation, in the following manner; Ten
thousand dollars ($10,000) in provisions, twenty thousand dollars
($20,000) in goods, and twenty thousand dollars ($20,000) in money.

Article 5th. It is understood and agreed that so much of the stipu¬
lations in existing treaties with said Winnebago nation, as requires
services to be performed, supplies furnished, or payments made, at
designated times and places, shall be henceforth null and void; and
those stipulations shall be carried into effect at such times and at such
points in the country to which they are about to remove, as the
President may direct.

Article 6th. This treaty to be binding' on the contracting parties
when it shall be ratified by the United States.

TREATY WITH THE IOWA, 1837.

Articles of a treaty made at the city of Saint Louis , between Joshua

Pilcher , thereto specially authorized by the President of the United

States , and the Ioway Indians, by their chiefs and delegates.

Article 1st. The Ioway Indians cede to the United States all the
right and interest in the land ceded by the treaty, concluded with
them and other tribes on the 15th of Juiy 1830, which they might be
entitled to claim, by virtue of the phraseology employed in the second
article of said treaty.

Article 2d. In consideration of the cession contained in the pre¬
ceding article, the United States stipulate to pay them two thousand
five hundred dollars ($2,500) in horses, goods and presents, upon their
signing this treaty in the city of Saint Louis.

Article 3d. The expenses of this negotiation and of the chiefs and
delegates signing this treaty to the city of Washington and to their
homes to be paid by the United States.

Article 4th. This treaty to be binding upon the contracting parties
when the same shall be ratified by the United States.

Balance of proceeds
to be invested.

Disposition of the
interest.

So much of existing
treaties as requires
services, etc., to be
null and void.

Treaty binding
when ratified.

ftov. 23, 1837.

7 Stat., 547.
Proclamation, Feb.
21, 1838.

Cession to the
United States.

Consideration there¬
for.

United States to pay
expenses of making
treaty.

Treaty binding
when ratified.

372

TREATY WITH THE CHIPPEWA, 1837.

Dec. 20, 1837.

7 Stat.,-547.
Proclamation, July
2, 1838.

Fifty cents per acre
to be retained, etc.

A location to be
reserved for said tribe,
etc.

The United States
not obliged to ad¬
vance the money re¬
quired by 5th article,
treaty 14th Jan., 1837.

Proviso.

Parts of treaty of
14th Jan., 1837, abro¬
gated.

Division of pay¬
ments due certain
chiefs.

No preemption
right to be granted,
etc.

Expenses to be paid
of this and prior nego¬
tiations.

TREATY WITH THE CHIPPEWA, 1837.

Articles of a treaty , made and concluded at A lint river , in the State of
Michigan , on the twentieth day of December, eighteen hundred and
thirty-seven , between the United States , by Henry R. Schoolcraft
commissioner duly authorized for that 'purpose, and acting superin¬
tendent of Indian affairs , and the Saganaw tribe of Chippewas.

Article 1. It is agreed, that the sum of fifty cents per acre shall
be retained out of every acre of land ceded by said tribe, by the treaty
of the 14th of January 1837, as an indemnification for the location to
be furnished for their future permanent residence and to constitute a
fund for emigrating thereto.

Article 2d. The United States agree to reserve a location for said
tribe on the head waters of the Osage river, in the country visited by
a delegation of the said tribe during the present year, to be of proper
extent, agreeably to their numbers, embracing a due proportion of
wood and water, and lying contiguous to tribes of kindred language.
Nor shall anything contained in the sixth article of the treaty of the
14th January 1837, entitle them, at this time, to a location in the coun¬
try west of Lake Superior.

Article 3d. Nothing embraced in the fifth article of said treaty
shall obligate the United States, at the present time, to advance from
the Treasury, the entire amount appropriated by the said tribe in the
fourth article of said treaty; but the President shall have authority to
direct such part of the said moneys to be paid for the objects indicated,
so far as the same are not hereinafter modified, as he may deem
proper: Provided, That the whole sum so advanced, shall not exceed
seventy- five thousand dollars. And the reduction shall be made upon
the several items ratably, or in any other manner he may direct; Pro¬
vided, That the balance of said appropriations, or of am7 item or items
thereof, shall be paid out of the proceeds of the ceded" lands, as soon
as the fund will permit, and the President may direct.

Article 4th. The first and second clauses of the fourth article of
the treaty of the 14th of January 1837, and the tenth article of said
treaty, are hereby abrogated; and in lieu thereof, it is agreed, that the
United States shall pay to said tribe in each of the years 1838 and 1839,
respectively, an annuity of five thousand dollars, and goods to the
amount of ten thousand dollars, to be advanced by the Treasury, and
to be refunded out of the first proceeds of their lands. But no further
annuity, nor in any higher amounts, shall be paid to them, by virtue
of the treaty aforesaid, until the same shall be furnished by the interest
of the proceeds of their lands, vested in conformity with the pro¬
visions of the third article of said treaty.

Article 5th. Several of the chiefs entitled to payments by schedule
A, affixed to the treaty aforesaid, having died within the year, it is
agreed, that the proportion of the fund, to which they would have
been entitled, may be redivided in such manner as the President may
direct.

Article 6th. No act of Congress shall confer upon any citizen, or
other person, the right of pre-emption to any lands ceded to the United
States by the treaty of the 14th of January 1837, herein above referred
to. Nor shall any construction be put upon any existing law, respect¬
ing the public lands, granting this right to any lands ceded by said
treaty.

Article 7th. The United States will pay the expenses of this nego¬
tiation, together with the unpaid expenses of the prior negotiations,
with said tribe, of the 24th of Mav 1836, and of the 14th of January
1837.

TREATY WITH THE NEW YORK INDIANS, 1838.

373

TREATY WITH THE NEW YORK INDIANS, 1838.

Articles of a treaty made and concluded at Buffalo Creek in the State
of New York , the fifteenth day of January in the year of our Lord
one thousand eight hudred and thirty -eight, by Ransom Id. Gillet , a
commissioner on the part of the United States , and the chiefs , head
men and warriors of the several tribes of New York Indians assem¬
bled in council witnesseth:

Whereas, the six nations of New York Indians not long after the
close of the war of the Revolution, became convinced from the rapid
increase of the white settlements around, that the time was not far dis¬
tant when their true interest must lead them to seek a new home among
their red brethren in the W est: And whereas this subject was agitated
in a general council of the Six nations as early as 1810, and resulted in
sending a memorial to the President of the United States, inquiring
whether the Government would consent to their leaving their habita¬
tions and their removing into the neighborhood of their western breth¬
ren, and if they could procure a home there, by gift or purchase,
whether the Government would acknowledge their title to the lands so
obtained in the same manner it had acknowledged it in those from whom
they might receive it; and further, whether the existing treaties would,
in such a case remain in full force, and their annuities be paid as here¬
tofore: And whereas, with the approbation of the President of the
United States, purchases were made by the New York Indians from
the Menomonie and Winnebago Indians of certain lands at Green Bay
in the Territory of Wisconsin, which after much difficulty and conten¬
tion with those Indians concerning the extent of that purchase, the
whole subject was finally settled by a treaty between the United States
and the Menomonie Indians, concluded in February, 1831, to which the
New York Indians gave their assent on the seventeenth day of Octo¬
ber 1832: And whereas, by the provisions of that treaty, five hundred
thousand acres of land are secured to the New York Indians of the
Six Nations and the St. Regis tribe, as a future home, on condition that
they all remove to the same, within three years, or such reasonable
time as the President should prescribe: And whereas, the Presidents
satisfied that various considerations have prevented those still resid¬
ing in New York from removing to Green Bay, and among other rea¬
sons, that many who were in favour of emigration, preferred to remove
at once to the Indian territory, which they were fully persuaded was
the only permanent and peaceful home for all the Indians. And they
therefore applied to the President to take their Green Bay lands, and
provide them a new home among their brethren, in the Indian territory.
And whereas, the President being anxious to promote the peace, pros¬
perity and happiness of his red children, and being determined to carry
out the humane policy of the Government in removing the Indians
from the east to the west of the Mississippi, within the Indian terri¬
tory, by bringing them to see and feel, by his justice and liberality,
that it is their true policy and for their interest to do so without delay.

Therefore, taking into consideration the foregoing premises, the fol¬
lowing articles of a treaty are entered into between the United States
of America and the several tribes of the New York Indians, the names
of whose chiefs, head men and warriors are hereto subscribed., and
those who may hereafter give their assent to this treaty in writing,
within such time as the President shall appoint.

Jan. 15, 1838.

7 Stat., 550.
Proclamation, Apr.
4, 1840.

Preamble.

374

TREATY WITH THE NEW YORK INDIANS, 1838.

GENERAL PROVISIONS.

theif iinht to lands at Article 1. The several tribes of New York Indians, the names of

GreenBay.t0 ands at whose chiefs, head men, warriors and representatives are hereunto
annexed, in consideration of the premises above recited, and the cove¬
nants hereinafter contained, to be performed on the part of the United
States, hereby cede and relinquish to the United States all their right,
title and interest to the lands secured to them at Green Bay by the
Menomonie treaty of 1831, excepting the following tract, on which a
part of the New York Indians now reside: beginning at the southwest¬
erly corner of the French grants at Green Bay, and running thence
southwardly to a point on a line to be run from the Little Cocaclin,
parallel to a line of the French grants and six miles from Fox River;
from thence on said parallel line, northwardly six miles; from thence
eastwardly to a point on the northeast line of the Indian lands, and
being at right angles to the same.

united states set Article 2. In consideration of the above cession and relinquish-
indlL°sther lands for ment, on the part of the tribes of the New York Indians, and in order
to manifest the deep interest of the United States in the future peace
and prosperity of the New York Indians, the United States agree to
set apart the following tract of country, situated directly west of the
State of Missouri, as a permanent home for all the New York Indians,
now residing in the State of New York, or in Wisconsin, or elsewhere
in the United States, who have no permanent homes, which said coun¬
try is described as follows, to wit: Beginning on the west line of the
State of Missouri, at the northeast corner of the Cherokee tract, and
running thence north along the west line of the State of Missouri
twenty-seven miles to the southerly line of the Miami lands; thence
west so far as shall be necessary, by running a line at right angles,
and parallel to the west line aforesaid, to the Osage lands, and thence
easterly along the Osage and Cherokee lands to the place of beginning
to include one million eight hundred and twenty-four thousand acres
of land, being three hundred and twenty acres for each soul of said
Indians as their numbers are at present computed. To have and to
hold the same in fee simple to the said tribes or nations of Indians, by
patent from the President of the United States, issued in conformity

1880, ch. 148 with the provisions of the third section of the act, entitled ‘■‘An act to
provide for an exchange of lands, with the Indians residing in any of the
States or Territories, and for their removal west of the Mississippi,”
approved on the 28th day of May, 1830, with full power and authority
in the said Indians to divide said lands among the different tribes,
nations, or bands, in severalty, with the right to sell and convey to
and from each other, under such laws and regulations as may be
adopted by the respective tribes, acting by themselves, or by a gen¬
eral council of the said New York Indians, acting for all the tribes
collectively. It is understood and agreed that the above described
country is intended as a future home for the following tribes, to wit:
The Senecas, Onondagas, Cayugas, Tuscaroras, Oneidas, St. Regis,
Stockbridges, Munsees, and Brothertowns residing in the State of
New York, and the same is to be divided equally among them, accord¬
ing to their respective numbers, as mentioned in a schedule hereunto
annexed.

Tribes that do not Article 3. It is further agreed that such of the tribes of the New
to rf orfeit eafi° Interest York Indians as do not accept and agree to remove to the country set
apart for their new homes within five years, or such other time as the
President may, from time to time, appoint, shall forfeit all interest in
the lands so set apart, to the United States.

Article 4. Perpetual peace and friendship shall exist between the
United States and the New York Indians; and the United States hereby
guaranty to protect and defend them in the peaceable possession and

in said lands.

Peace and friend¬
ship.

TREATY WITH THE HEW YOKE INDIANS, 1838.

375

enjoyment of their new homes, and hereby secure to them, in said
country, the right to establish their own form of government, appoint
their own officers, and administer their own laws; subject, however, to
the legislation of the Congress of the United States, regulating trade
and intercourse with the Indians. The lands secured to them by patent
under this treaty shall never be included in any State or Territory of
this Union. The said Indians shall also be entitled, in all respects, to
the same political and civil rights and privileges, that are granted and
secured by the United States to any of the several tribes of emigrant
Indians settled in the Indian Territory.

Article 5. The Oneidas are to have their lands in the Indian Terri- Lfmd set apart for
tory, in the tract set apart for the New York Indians, adjoining the the0nei a>

Osage tract, and that hereinafter set apart for the Senecas; and the
same shall be so laid off as to secure them a sufficient quantity of timber
for their use. Those tribes, whose lands are not specially designated
in this treat}^, are to have such as shall be set apart by the President.

Article 6. It is further agreed that the United States will pay to ^ Annuities, where to
those who remove west, at their new homes, all such annuities, as shall e pai '
properly belong to them. Thp schedules hereunto annexed shall be
deemed and taken as a part of this treaty.

Article 7. It is expressly understood and agreed, that this treaty Whenaratified nding
must be approved by the President and ratified and confirmed by the
Senate of the United States, before it shall be binding upon the parties
to it. It is further expressly understood and agreed that the rejection,
by the President and Senate, of the provisions thereof, applicable to one
tribe, or distinct branch of a tribe, shall not be construed to invalidate
as to others, but as to them it shall be binding, and remain in full force
and effect.

Article 8. It is stipulated and agreed that the accounts of the Com- co2Sf ® t ch^
missioner, and expenses incurred by him in holding a council with the bow to be paid.

New Y ork Indians, and concluding treaties at Green Bay and Duck
Creek, in Wisconsin, and in the State of New York, in 1836, and those
for the exploring party of the New York Indians, in 1837, and also
the expenses of the present treaty, shall be allowed and settled accord¬
ing to former precedents.

SPECIAL PROVISIONS FOR THE ST. REGIS.

Article 9. It is agreed with the American party of the St. Regis nSlSfon^hei^fe-
Indians, that the United States will pay to the said tribe, on their movai.
removal west, or at such time as the President shall appoint, the sum
of five thousand dollars, as a remuneration for monies laid out by the
said tribe, and for services rendered by their chiefs and agents in secur¬
ing the title to the Green Bay lands, and in removal to the same, the
same to be aportioned out to the several claimants by the chiefs of the
said party and a United States’ Commissioner, as may be deeped by
them equitable and just. It is further agreed, that the following res¬
ervation of land shall be made to the Rev. Lleazor Williams, of said
tribe, which he claims in his own right, and in that of his wife, which he
is to hold in fee simple, by patent from the President, with full power
and authority to sell and dispose of the same, to wit: beginning at a
point in the west bank of Fox River thirteen chains above the old
milldam at the rapids of the Little Kockalin; thence north fifty -two
degrees and thirty minutes west, two hundred and forty chains; thence
north thirty-seven degrees and thirty minutes east, two hundred chains,
thence south fifty -two degrees and thirty minutes east, two hundred
and forty chains to the bank of Fox river; thence up along the bank
of Fox river to the place of beginning.

376

TREATY WITH THE NEW YORK INDIANS, 1838.

SPECIAL PROVISIONS FOR THE SENECAS.

Land set apart for Article 10. It is agreed with the Senecas that they shall have for
and onondag?ayuga’ themselves and their friends, the Cayugas and Onondagas, residing
among them, the easterly part of the tract set apart for the New York
Indians, and to extend so far west, as to include one half -section (three
hundred and twenty acres) of land for each soul of the Senecas, Cayu¬
gas and Onandagas, residing among them; and if, on removing west,
they find there is not sufficient timber on this tract for their use, then
the President shall add thereto timber land sufficient for their accom¬
modation, and they agree to remove; to remove from the State of New
York to their new homes within five years, and to continue to reside
there. And whereas at the making of this treaty, Thomas L. Ogden
Money due to the and Joseph Fellows the assignees of the State of Massachusetts, have
SctobbeMpsddChto purchased of the Seneca nation of Indians, in the presence and with
united states, etc. the -approbation of the United States Commissioner, appointed by the
United States to hold said treaty, or convention, all the right, title,
interest, and claim of the said Seneca nation, to certain lands, by a
deed of conveyance a duplicate of which is hereunto annexed; and
whereas the consideration money mentioned in said deed, amounting
to two hundred and two thousand dollars, belongs to the Seneca nation,
^ and the said nation agrees that the said sum of money shall be paid to
the United States, and the United States agree to receive the same, to
be disposed of as follows: the sum of one hundred thousand dollars is
to be invested by the President of the United States in safe stocks, for
their use, the income of which is to be paid to them at their new
homes, annually, and the balance, being the sum of one hundred and
two thousand dollars, is to be paid to the owners of the improvements
on the lands so deeded, according to an appraisement of said improve¬
ments and a distribution and award of said sum of money among the
owners of said improvements, to be made by appraisers, hereafter to
be appointed by the Seneca nation, in the presence of a United States
Commissioner, hereafter to be appointed, to be paid by the United
States to the individuals who are entitled to the same, according to said
apprisal and award, on their severally relinquishing their respective
possessions to the said Ogden and Fellows.

SPECIAL PROVISIONS FOR THE CAYUGAS.

Moneys to be invest- Article 11. The United States will set apart for the Cayugas, on
ed for the Cayuga, etc. ^eir remoyjng to their new homes at the west, two thousand dollars,
and will invest the same in some safe stocks, the income of which shall
be paid them annually, at their new homes. The United States further
agree to pay to the said nation, on their removal west, two thousand
five hundred dollars, to be disposed as the chiefs shall deem just and
equitable.

SPECIAL PROVISIONS FOR THE ONONDAGAS RESIDING ON THE SENECA
RESERVATIONS.

nDndatIasnettc0r the Article 12. The United States agree to set apart for the Ononda-
non agas, e c. gas^ residing on the Seneca reservations, two thousand five hundred dol¬

lars, on their removing west,Rnd to invest the same in safe stocks, the
income of which shall be paid to them annually at their new homes.
And the United States further agree to pay to the said Onondagas, on
their removal to their new homes in the west, two thousand dollars, to
be disposed of as the chiefs shall deem equitable and just.

TREATY WITH THE NEW YORK INDIANS, 1838.

377

SPECIAL PROVISIONS FOR THE ONEIDAS RESIDING IN THE STATE OF
NEW YORK.

Article 13. The United States will pay the sum of four thousand
dollars, to be paid to Baptista Powlis, and the chiefs of the first Chris¬
tian party residing at Oneida, and the sum of two thousand dollars shall
be paid to William Day, and the chiefs of the Orchard party residing
there, for expenses incurred and services rendered in securing the
Green Bay country, and the settlement of a portion thereof; and they
hereby agree to remove to their new homes in the Indian territory, as
soon as they can make satisfactory arrangements with the Governor of
the State of New York for the purchase of their lands at Oneida.

SPECIAL PROVISIONS FOR THE TUSCARORAS.

Article 14. The Tuscarora nation agree to accept the country set
apart for them in the Indian territory, and to remove there within five
years, and continue to reside there. It is further agreed that the Tus-
caroras shall have their lands in the Indian country, at the forks of the
Neasha river, which shall be so laid off as to secure a sufficient quantity
of timber for the accommodation of the nation. But if on examina¬
tion they are not satisfied with this location, they are to have their
lands at such place as the President of the United States shall designate.
The United States will pay to the Tuscarora nation, on their settling
at the West, three thousand dollars, to be disposed of as the chiefs shall
deem most equitable and just. Whereas the said nation owns, in fee
simple, five thousand acres of land, lying in Niagara county, in the
State of New York which was conveyed to the said nation by Henry
Dearborn and they wish to sell and convey the same before they remove
West: Now therefore, in order to have the same done in a legal and
proper way, they hereby convey the same to the United States and to
be held in trust for them, and they authorize the President to sell and
convey the same, and the money which shall be received for the said
lands, exclusive of the improvements, the President shall invest in safe
stocks for their benefit, the income from which shall be paid to the
nation, at their new homes, annually; and the money which shall be
received for improvements on said lands shall be paid to the owners of
the improvements when the lands are sold. The President shall cause
the said lands to be surveyed, and the improvements shall be appraised
by such persons as the nation shall appoint; and said lands shall also
be appraised, and shall not be sold at a less price than the appraisal,
without the consent of James Cusick, William Mountpleasant and
William Chew, or the survivor, or survivors of them; and the expenses
incurred by the United States in relation to this trust are to be deducted
from the moneys received before investment.

And whereas, at the making of this treaty, Thomas L. Ogden and
Joseph Fellows, the assignees of the State of Massachusetts, have pur¬
chased of the Tuscarora nation of Indians, in the presence and with
the approbation of the commissioner appointed on the part of the United
States to hold said treaty or convention, all the right, title, interest,
and claim of the Tuscarora nation to certain lands, by a deed of con¬
veyance, a duplicate of which is hereunto annexed: And whereas, the
consideration money for said lands has been secured to the said nation
to their satisfaction, by Thomas L. Ogden and Joseph Fellows; there¬
fore the United States hereby assent to the said sale and conveyance
and sanction the same.

Article 15. The United States hereby agree that they will appro¬
priate the sum of four hundred thousand dollars, to be applied ii om
time to time, under the direction of the President of the L nited States,
in such proportions, as may be most for the interest of the said Indians,

Payment to certain
persons for services,
etc.

Tuscaroras agree to
remove in five years,
etc.

Tuscaroras convey
certain land to United
States, in trust, etc.

Proceeds of im¬
provements to be paid
to the owners thereof.

1400,000 to be applied
for the benefit of In¬
dians, how.

378

TREATY WITH THE NEW YORK INDIANS, 1838.

Census of the New
York Indians.

Disposition of the
§3,000 provided for
Tusearoras by four¬
teenth article of this
treaty.

Disposition of the
$4,000 provided for the
Onondagas and Cayu-
gas.

parties to this treaty, for the following1 purposes, to wit: To aid them
in removing to their homes, and supporting themselves the first year
after their removal; to encourage and assist them in education, and in
being taught to cultivate their lands; in erecting mills and other neces¬
sary houses; in purchasing domestic animals, and farming utensils and
acquiring a knowledge of the mechanic arts.

Schedule A.

Census of the New Yoke Indians as Taken in 1837.
Number residing on the Seneca reservatiom.

Senecas . 2,309

Onondagas . 194

Cavugas . 130

2,633

Onondagas, at Onondaga . 300

Tusearoras . 273

St. Regis, in New York . 350

Oneidas, at Green Bay . 600

Oneidas, in New Y ork . 620

Stockbridges . 217

Monsees . 132

Brothertowns . 360

The above was made before the execution of the treaty.

Schedule B.

The following is the disposition agreed to be made of the sum of
three thousand dollars provided in this treaty for the Tusearoras. by
the chiefs, and assented to by the commissioner, and is to form a part
of the treaty:

To Jonathan Printess, ninety-three dollars.

To William Chew, one hundred and fifteen dollars.

To John Patterson, forty-six dollars.

To William Mountpleasant, one hundred and se venty -one dollars.

To James Cusick, one hundred and twenty -five dollars.

To David Peter, fifty dollars.

The rest and residue thereof is to be paid to the nation.

The above was agreed to before the execution of the treaty.

Schedule C.

Schedule applicable to the Onondagas and Cavugas residing on the
Seneca reservations. It is agreed that the following disposition shall
be made of the amount set apart to be divided by the chiefs of those
nations, in the preceding parts of this treaty, any thing therein to the
contrary notwithstanding.

To William King, one thousand five hundred dollars.

Joseph Isaacs, seven hundred dollars.

Jack Wheelbarrow, three hundred dollars.

Silversmith, one thousand dollars.

William Jacket, five hundred dollars.

Buton George, five hundred dollars.

The above was agreed to before the treaty was finally executed.

379

TREATY WITH THE NEW YORK INDIANS, 1838.

At a treaty held, under the authority of the United States of America, Jan- 1838-

at Buffalo Creek in the county of Erie, and State of New York, between In relation to the
the chiefs and head men of the Seneca nation of Indians, duly assem-
bled in council, and representing and acting for the said nation, on the ?f Massachusetts, re-
one part, and Thomas Ludlow Ogden of the city of New York and ci^ art1'

Joseph Fellows of Geneva, in the county of Ontario, on the other part,
concerning the purchase of the right and claim of the said Indians in
and to the lands within the State of New York remaining in their occu¬
pation: Ransom H. Gillet, Esquire, a commissioner appointed by the
President of the United States to attend and hold the said treaty, and
also J osiah Trowbridge, Esquire, the superintendent on behalf of the
Commonwealth of Massachusetts, being severally present at the said
treaty, the said chiefs and head men, on behalf of the Seneca nation
did agree to sell and release to the said Thomas Ludlow Ogden and
Joseph Fellows, and they the said Thomas Ludlow Ogden and Joseph
Fellows did agree to purchase all the right, title and claim of the said
Seneca nation of, in and to the several tracts, pieces, or parcels of land
mentioned, and described in the instrument of writing next hereinafter
set forth, and at the price or sum therein specified, as the considera¬
tion, or purchase money for such sale and release; which instrument
being read and explained to the said parties and mutually agreed to,
was signed and sealed byr the said contracting parties, and is in the
words following:

This indenture, made this fifteenth day of January in the year of our Trhe deed of con-
Lord one thousand eight hundred and thirty-eight, between the chiefs ve5ance'
and headmen of the Seneca nations of Indians, duly assembled in coun¬
cil, and acting for and on behalf of the said Seneca nation, of the first
part, and Thomas Ludlow Ogden, of the city of New York, and Joseph
Fellows of Geneva, in the county of Ontario, of the second part wit-
nesseth: That the said chiefs and head men of the Seneca nation of
Indians, in consideration of the sum of two hundred and two thousand
dollars to them in hand paid by the said Thomas Ludlow Ogden and
Joseph Fellows, the receipt whereof is hereby acknowledged, have
granted, bargained, sold, released and confirmed, and by these presents
do grant, bargain, sell, release and confirm unto the said Thomas Lud¬
low Ogden and Joseph Fellows, and to their heirs and assigns, all that
certain tract, or parcel of land situate, lying and being in the county
of Erie and State of New York commonly called and known by the
name of Buffalo Creek reservation, containing, by estimation forty-nine
thousand nine hundred and twenty acres be the contents thereof more
or less. Also, all that certain other tract, or parcel of land, situate,
lying and being in the counties of Erie, Chatauque, and Cattaraugus in
said State commonly called and known by the name of Cattaraugus
reservation, containing by estimation twenty -one thousand six hundred
and eighty acres, be the contents thereof more or less. Also, all that
certain other tract, or parcel of land, situate, lying and being in the
said county of Cattaraugus, in said State, commonly called and known
by the name of the Allegany reservation, containing by estimation thirty
thousand four hundred and sixty-nine acres, be the contents more or
less. And also, all that certain other tract or parcel of land, situate,
lying and being partly in said county of Erie and partly in the county of
Genesee, in said State, commonly called and known by the name of the
Tonawando reservation, and containing by estimation twelve thousand,
eight hundred acres, be the same more or less; as the said several tracts
of land have been heretofore reserved and are held and occupied by the
said Seneca nation of Indians, or by individuals thereof, together with
all and singular the rights, privileges, hereditaments and appurtenances
to each and. every of the said tracts or parcels of land belonging or
appertaining; and all the estate, right, title, interest, claim, and
demand of the said party of the first part, and of the said Seneca

380

TREATY WITH THE HEW YORK INDIANS, 1838.

nation of Indians, of, in, and to the same, and to each and every part
and parcel thereof: to have and to hold all and singular the above
described and released premises unto the said Thomas Ludlow Ogden
and Joseph Fellows, their heirs and assigns, to their proper use and
behoof for ever, as joint tenants, and not as tenants in common.

Jan. 15, 1838. At a treaty held under and b}7 the authority of the United States, of

sale ofeliands b° the ^mer^cai Buffalo Creek, in the county of Erie, and State of New
TusfiarorastotEestate York, between the sachems, chiefs and warriors of the Tuscarora nation
fetredStoCinUthetSfour- °f Indians, duly assembled in council and representing and acting for
teenth article. the said nation, on the one part and Thomas Ludlow Ogden of the city
of New York and Joseph Fellows of Geneva in the county of Ontario,
on the other part, concerning the purchase of the right and claim of
the said nation of Indians in and to the lands within the State of New
York, remaining in their occupation: Ransom H. Gillet, Esquire, a
commissioner appointed by the President of the United States to attend
and hold the said treaty, and also Josiah Trowbridge, Esquire, the
superintendent on behalf of the Commonwealth of Massachusetts, being
severally present at the said treaty, the said sachems, chiefs and war¬
riors, on behalf of the said Tuscarora nation, did agree to sell and
release to the said Thomas Ludlow Ogden and Joseph Fellows, and
they, the said Thomas Ludlow Ogden and Joseph Fellows did agree to
purchase all the right, title and claim of the said Tuscarora nation of,
in and to the tract, piece, or parcel of land mentioned and described in
the instrument of writing next hereinafter set forth, and at the price,
or sum therein specified, as the consideration or purchase money for
such sale and release; which instrument being read and explained to
the said parties, and mutually agreed to, was signed and sealed by the
said contracting parties, and is in the words following:
veyanc2eed °f con" T^is indenture, made this fifteenth day of January in the year of
our Lord one thousand eight hundred and thirty-eight, between the
sachems, chiefs and warriors of the Tuscarora nation of Indians, duly
assembled in council, and acting for and on behalf of the said Tuscarora
nation of the first part, and Thomas Ludlow Ogden of the city of New
York, and Joseph Fellows of Geneva, in the county of Ontario, of the
second part witnesseth: That the said sachems, chiefs and warriors of
the Tuscarora nation, in consideration of the sum of nine thousand six
hundred dollars, to them in hand paid by the said Thomas Ludlow
Ogden and Joseph Fellows, the receipt whereof is hereby acknowl¬
edged, have granted, bargained, sold released, and confirmed, and by
these presents do grant, bargain, sell, release and confirm to the said
Thomas Ludlow Ogden and Joseph Fellows, and to their heirs and
assigns, all that tract or parcel of land situate, lying and being in the
county of Niagara and State of New York, commonly called and known
by the name of the Tuscarora reservation or Seneca grant, containing
nineteen hundred and twenty acres, be the same more, or less, being
the lands in their occupancy, and not included in the land conveyed to
them by Henry Dearborn, together with all and singular the rights,
the rights, privileges, heraditaments, and appurtenances to the said
tract or parcel of land belonging, or appertaining, and all the estate,
right, title, interest, claim and demand of the said party of the first
part, and of the said Tuscarora nation of Indians of, in and to the same,
and to every part and parcel thereof: To have and to hold all and sin¬
gular the above described and released premises unto the said Thomas
Ludlow Ogden and Joseph Fellows, and their heirs and assigns, to
their proper use and behoof for ever, as joint tenants and not as ten¬
ants in common.

TREATY WITH THE CHIPPEWA, 1838.

381

Supplemental article to the treaty concluded at Buffalo Creek , in the
State of New York , on the 15th of January 1838 , concluded between
Ransom H. Gillet, commissioner on the part of the United States ,
and chiefs and head men of the St. Regis Indians , concluded on the
13th day of February 1838.

Supplemental article to the treaty concluded at Buffalo Creek in the
State of New York , dated January. 15 1838.

The undersigned chiefs and head men of the St. Regis Indians resid¬
ing in the State of New York haying heard a copy of said treaty read
by Ransom H. Gillet, the commissioner who concluded that treaty on
the part of the United States, and he having fully and publicly
explained the same, and believing the provisions of the said treaty to
be very liberal on the part of the United States and calculated to be
highly beneficial to the New York Indians, including the St. Regis, who
are embraced in its provisions do hereby assent to every part of the
said treaty and approve the same. And it is further agreed, that any
of the St. Regis Indians who wish to do so, shall be at liberty to
remove to the said country at any time hereafter within the time
specified in this treaty, but under it the Government shall not compel
them to remove. The United States will, within one year after the
ratification of this treaty, pay over to the American party of said
Indians one thousand dollars, part of the sum of five thousand dollars
mentioned in the special provisions for the St. Regis Indians, any
thing in the article contained to the contrary notwithstanding.

TREATY WITH THE CHIPPEWA, 1838.

Articles of a treaty concluded at the city of Saganaw in Michigan , on
the twenty-third day of January eighteen hundred and thirty-eight ,
between the United States of America , by the undersigned commis¬
sioner , and the several bands of the Chippewa nation comprehended
within the district of Saganaw.

Whereas the chiefs of said bands have represented, that combina¬
tions of purchasers may be formed, at the sale of their lands for the
purpose of keeping down the price thereof, both at the public and
private sales, whereby the proceeds would be greatly diminished; and
whereas, such a procedure would defeat some of the primary objects
of the cession of the lands to the United States, and thereby originate
difficulties to their early removal and expatriation to the country west
of the Mississippi; and whereas, full authority has been given to the
undersigned, respectively, on the part of the United States, and the
said bands, to . conclude and settle every question connected with the
sale and cession aforesaid; Now therefore, to the end, that justice may
completely ensue, the objects of both the contracting parties, be
attained, and peace and friendship be preserved with said tribes, it is
mutually agreed as follows:

Article 1st. The lands ceded by the treaty of the 14th of January
1837, shall be offered for sale, by proclamation of the President, and
the sale shall be conducted in the same manner, as the laws require
other lands to be sold. But it is provided , That all lands brought into
market, under the authority of said treaty, shall be put up for sale by
the register and receiver of the respective land office, at five dollars
per acre, which is hereby declared to be the minimum price thereof;
and if this price is not bid the sales shall be stopped; nor shall any such
lands be disposed of, either at public or private sales, for a sum less
than five dollars per acre, for, and during the term of two years from
the commencement of the sale. Should any portion of said lands
remain unsold at the expiration of this time, the minimum price shall

Feb. 13, 1838.

7 Stat., 661.

Assent of the St.-
Regis Indians to the
treaty.

$1,000 to be paid to
them within one year
after the ratification
of this treaty.

Jan. 23, 1838.

7 Stat., 565.
Proclamation, July
2, 1838.

Preamble.

Lands ceded by
treaty of 14th Jan.,
1837, to be offered for
sale by proclamation,
etc.

Proviso.

382

TREATY WITH THE ONEIDA, 1838.

be diminished to two dollars and fifty cents per acre, at which price
Proviso. they shall be subject to entry until the whole quantity is sold: Provided ,

That if any part of said lands remain unsold at the expiration of five
years from the date of the ratification of this treaty, such lands shall
fall under the provision of third article of this treaty.
anPro! isiw d case Article 2nd. To provide against the contingency of any of said lands

mam unsoid!an 8 re' remaining unsold, and to remove any objections to emigrating, on the
part of the Indians, based on such remainder, it is hereby agreed, that
every such section , fractional section, or other unsold remainder, shall,
at the expiration of five years from the ratification of this treaty, be
Proviso. sold for such sum as it will command, Provided , That no such sale shall

be made for less than seventy-five cents per acre.

Treaty binding when Article 3rd. This treaty shall be binding from the date of its con¬
stitutional ratification; but its validity shall not be affected by any
modification, or non-concurrence of the President and Senate, in the
third and fourth articles thereof.

TREATY WITH THE ONEIDA, 1838.

Feb. 3, 1838. Articles of a treaty made at the City of Washington between Carey A.
Proclamation m Harris, thereto specially directed by the President of the United States

17, i838amatl0n’ May and the First Christian and Orchard parties of the Oneida Indians

residing at Greevi Bay , by their chiefs and representatives .

Cession to the
United States.

Reservations to be
made from said ces¬
sion.

Consideration for

Relinquishment by
John Denny.

Expenses of this
treaty to be paid by
United States.

Treaty binding
when ratified.

Art. 1. The First Christian and Orchard parties of Indians cede to
the United States all their title and interest in the land set apart for
them in the 1st article of the treaty with the Menomonies of February
8th, 1831, and the 2d article of the treaty with the same tribe of Octo¬
ber 27th, 1832.

Art. 2. From the foregoing cession there shall be reserved to the
said Indians to be held as other Indian lands are held a tract of land
containing one hundred (100) acres, for each individual, and the lines
of which shall be so run as to include all their settlements and improve¬
ments in the vicinity of Green Bay.

Art. 3. In consideration of the cession contained in the 1st article
of this treaty, the United States agree to pay to the Orchard party of
the Oneida Indians three thousand (3000) dollars, and to the First
Christian party of Oneida Indians thirty thousand five hundred (30,500)
dollars, of which last sum three thousand (3,000) dollars may be ex¬
pended under the supervision of the Rev. Solomon Davis, in the erec¬
tion of a church and parsonage house, and the residue apportioned,
under the direction of the President among the persons having just
claims thereto; it being understood that said aggregate sum of thirty-
three thousand five hundred (33,500) dollars is designed to be in reim¬
bursement of monies expended by said Indians and in remuneration of
the services of their chiefs and agents in purchasing and securing a
title to the land ceded in the 1st article. The United States further
agree to cause the tracts reserved in the 2d article to be surveyed as
soon as practicable.

Art. 4. In consideration of the sum of five hundred (500) dollars to
be paid to him by the chiefs and representatives of the said parties of
Oneida Indians, John Denny (alias John Sundown,) their interpreter
agrees to relinquish to them all his title and interest in the tract
reserved in the 2d article of this treaty.

Art. 5. It is understood and agreed that the expenses of this treaty
and of the chiefs and representatives signing it, in coming to and
returning from this city, and while here, shall be paid by the United
States. ‘

Art. 6. This treaty to be binding upon the contracting parties when
the samp shall be ratified by the United States.

TREATY WITH THE IOWA, 1838.

383

TREATY WITH THE IOWA, 1838.

Articles of a treaty made at the Great JVemowhaw sab-agency between

John Dougherty Agent of Indian Affairs on the part of the United

States , being specially authorized , and the chiefs and headmen of the

Ioway tribe of Indians for themselves , and on the part of their tribe.

Article 1st. The Ioway tribe of Indians cede to the United States,

First. All right or interest in the country between the Missouri
and Mississippi rivers, and the boundary between the Sacs and Foxes,
and Sioux, described in the second article of the treaty made with
these and other tribes, on the 19th of August 1825, to the full extent
to which said claim is recognized in the third article of said treaty, and
all interest or claim by virtue of the provisions of any treaties" since
made by the I nited States with the Sacs and Foxes of the Mississippi.

Second. All claims or interest under the treaties of August 4th 1824,
July loth 1830, and September 17th 1836, except so much of the last
mentioned treaty as secures to them two hundred sections of land the
erection of live comfortable houses, to enclose and break up for them
two hundred acres of ground to furnish them with a ferry boat, one
hundred cows and calves, five bulls, one hundred head of stock hogs a
mill and interpreter.

Article 2d. In consideration of the cession contained in the pre¬
ceding article, the United States agree to the followingr stipulations on
their part.

First. To pay to the said Ioway tribe of Indians the sum of one
hundred and fifty-seven thousand five hundred ($157,500) dollars.

Second. To invest said sum of one hundred and fifty-seven thou¬
sand five hundred (157,500) dollars, and to guaranty them an annual
income of not less than five per cent, thereon during the existence of
their tribe.

Third. To set apart annually such amount of said income as the
chiefs and headmen of said tribe may require, for the support of a
blacksmith shop agricultural assistance, and education to be expended
under the direction of the President of the United States.

Fourth. To pay out of said income to Jeffrey Derroin interpreter
for said tribe for services rendered, the sum of fifty dollars annually
during his natural life the balance of said income shall be delivered, at
the cost of the United States, to said tribe of Ioway Indians in money
or merchandise, at their own discretion, at such time and place as the
President may direct, Provided always That the payment shall be
made each year in the month of October.

Article 3d. The United States further agree in addition to the
above consideration to cause to be erected ten houses at such place or
places on their own land as said Ioways may select, of the following
description (viz) each house to be ten feet high from bottom sill to top
plate eighteen by twenty feet in the clear the roof to be well sheeted
and shingled, the gable ends to be weather boarded a good floor above
and below, one door and two windows complete, one chimney of stone
or brick, and the whole house to be underpined.

Article 4th. This treaty to be binding upon the contracting parties
when the same shall be ratified by the United States.

Oct. 19, 1838.

7 Stat., 568.
Proclamation, Mar.
2, 1839.

Cession to United
States by the Iowa.

Consideration there¬
for.

United States to
erect ten houses at
such places as the In¬
dians may direct.

Treaty binding when
ratified.

384

TREATY WITH THE MIAMI, 1838.

Nov. 6, 1838.

7 Stat., 569.
Proclamation, Feb.
8, 1839.

Land ceded to the
United States.

Cession of certain
reservations.

Reservation for the
band of Me-to-sin-ia.

Consideration for
said cession.

Payments to J. B.
Richard ville and F.
Godfrey.

Commissioner to in¬
vestigate claims, etc.

TREATY WITH THE MIAMI, 1838.

Articles of a treaty made and concluded at the Forks of the Wabash in
the State of Indiana , between the United States of America, by her
Commissioner Abel C. Pepjper, and the Miami tribe of Indians on the
sixth day of November in the year of our Lord eighteen hundred and
thirty-eight.

Art. 1. The Miami tribe of Indians hereby cede to the United States
all that tract of land lying south of the Wabash river and included
within the following bounds to wit: Commencing at a point on said
river where the western boundary line of the Miami reserve intersects
the same, near the mouth of Pipe creek; thence south two miles;
thence west one mile; thence south along said boundary line, three
miles; thence east to the Mississinnewa river; thence up the said river
with the meanders thereof to the eastern boundary line of the said
Miami reserve; thence north along said eastern boundary line to the
Wabash river ; thence down the said last named river with the meanders
thereof to the place of beginning.

The said Miami tribe of Indians do also hereby cede to the United
States, the three following reservations of land made for the use of
the Miami nation of Indians by the 2d article of a treaty made and
concluded at St. Mary’s in the State of Ohio, on the 6th of October
1818 to wit:

The reservation on the Wabash river, below the forks thereof:

The residue of the reservation opposite the mouth of the river
Abouette:

The reservation at the mouth of a creek called Flat Rock, where the
road to White river crosses the same.

Also one other reservation of land made for the use of said tribe at
Seeks village on Eel river, by the 2d article of a treaty made and con¬
cluded on the 23d October 1826.

Art. 2. From the cession aforesaid, the Miami tribe reserve for the
band of Me-to-sin-ia, the following tract of land to wit: Beginning on
the eastern boundary line of the big reserve, where the Mississinnewa
river crosses the same; thence down said river with the meanders
thereof to the mouth of the creek called Forked Branch; thence north
two miles; thence in a direct line to a point on the eastern boundary
line two miles north of the place of beginning; thence south to the
place of beginning, supposed to contain ten square miles.

Art. 3. In consideration of the cession aforesaid, the United States
agree to pay the Miami tribe of Indians three hundred and thirty-five
thousand six hundred and eighty dollars; sixty thousand dollars of
which to be paid immediately after the ratification of this treaty and
the appropriation to carry its provisions into effect; and the residue of
said sum after the payment of claims hereinafter stipulated to be paid,
in ten yearly instalments of twelve thousand five hundred and sixty-
eight dollars per year.

Art. 4. It is further stipulated that the sum of six thousand eight
hundred dollars, be paid John B. Richardville; and the sum of two
thousand six hundred and twelve dollars be paid Francis Godfroy;
which said sums are their respective claims against said tribe prior to
October 23, 1834, excluded from investigation by the late commissioner
of the United States, by reason of their being Indians of said tribe.

Art. 5. The said Miami tribe of Indians being anxious to pay all
their just debts, at their request it is stipulated, that immediately after
the ratification of this treaty, the United States shall appoint a commis¬
sioner or commissioners, who shall be authorized to investigate all
claims against said tribe which have accrued since the 23d day of

TREATY WITH THE MIAMI, 1838.

385

October 1834, without regard to distinction of blood in the claimants;
and to pay such debts as, having accrued since the said period, shall
be proved to his or their satisfaction, to be legal and just.

Art. 6. It is further stipulated that the sum of one hundred and fifty
thousand dollars out of the amount agreed to be paid said tribe in the
third article of this treaty, shall be set apart for the payment of the
claims under the provisions of the fourth and fifth articles of this treaty,
as well as for the payment of any balance ascertained to be due from
said tribe by the investigation under the provisions of the treaty of
1831; and should there be an unexpended balance in the hands of said
commissioner or commissioners after the payment of said claims, the
same shall be paid over to the said tribe at the payment of their next
subsequent annuity; but should the said sum so set apart for the pur¬
pose aforesaid, be found insufficient to pay the same, then the ascer¬
tained balance due on said claims shall be paid in three equal instalments
from the annuities of said tribe.

And the said Miami tribe of Indians through this public instrument
proclaim to all concerned, that no debt or debts that any Indian or
Indians of said tribe may contract with any person or persons, shall
operate as a lien on the annuity or annuities, nor on the land of the
said tribe for legal enforcement. Nor shall any person or persons
other than the members of said Miami tribe, who may by sufferance
live on the land of, or intermarry in, said tribe, have any right to the
land or any interest in the annuities of said tribe, until such person or
persons shall have been by general council adopted into their tribe.

Art. 7. It is further stipulated, that the United States will cause
the buildings and improvements on the land hereby ceded, to be
appraised, and have buildings and improvements of a corresponding
value made at such places as the chiefs of said tribe may designate:
and the Indians of said tribe are to remain in the peaceable occupation
of their present improvements, until the United States shall make the
said corresponding improvements.

Art. 8. It is further stipulated that the United States patent to
Beaver, the five sections of land, and to Chapine the one section of
land, reserved to them respectively in the second article of the treaty
made Anno Domino 1826, between the parties to the present treaty.

Art. 9. The United States agree to cause the boundary lines of the
land of said tribe in the State of Indiana, to be surveyed and marked
within the period of one year after the ratification of this treaty.

Art. 10. The United States stipulate to possess, the Miami tribe of
Indians of, and guarranty to them forever, a country west of the Missis¬
sippi river, to remove to and settle on, when the said tribe may be dis-
posed to emigrate frorn their present country , and that guarranty is hereby
pledged: And the said country shall be sufficient in extent, and suitecl
to their wants and condition and be in a region contiguous to that in
the occupation of the tribes which emigrated from the States of Ohio
and Indiana. And when the said tribe shall have emigrated, the United
States shall protect the said tribe and the people thereof, in their rights
and possessions, against the injuries, encroachments and oppressions
of anv person or persons, tribe or tribes whatsoever.

Art. 11. It is further stipulated, that the United States will defray
the expenses of a deputation of six chiefs or headmen, to explore the
country to be assigned to said tribe, west of the Mississippi river. Said
deputation to be selected by said tribe in general council.

Art. 12. The United States agree to grant by patent to each of the
Miami Indians named in the schedule hereunto annexed, the tracts of
land therein respectively designated.

And the said tribe in general council request, that the patents for the
grants in said schedule contained, shall be transmitted to the principal
chief of said tribe, to be by him distributed to the respective grantees.

S. Doc. 152—25

1150,000 to be set
apart for the payment
of certain claims.

Debts of Indians
not to operate as a lien
on their annuities or
lands.

Buildings, etc., to be
appraised, etc.

Patent for certain
land to issue to Beaver
and Chapine.

Boundary to be sur¬
veyed and marked.

United States to pro¬
vide Indians with a
country west of the
Mississippi, etc.

Exploring party.

United States to
grant patents to In¬
dians named in sched¬
ule annexed.

386

TREATY WITH THE MIAMI, 1838.

If not ratified at next
session, etc., to be null
and void.

J. B. Richardville’s
portion to be paid nim
at Fort Wayne.

Support of the in¬
firm, etc.

Treaty binding
when ratified.

Grants of land to
persons named.

Art. 13. It is further stipulated, that should this treaty not be ratified
at the next session of the Congress of the United States, then it shall be
null and void to all intents and purposes between the parties.

Art. 14. And whereas John B. Richardville, the principal chief of
said tribe, is very old and infirm, and not well able to endure the fatigue
of a long journey, it is agreed that the United States will pay to him
and his family the proportion of the annuity of said tribe which their
number shall indicate to be due to them, at Fort Wayne whenever the
said tribe shall emigrate to the country to be assigned them west, as a
future residence.

Art. 15. It is further stipulated that as long as the Congress of the
United States shall in its discretion make an appropriation under the
sixth article of the treaty made between the United States and said tribe
in the year 1826 for the support of the infirm and the education of the
3Touth of said tribe, one half of the amount so appropriated shall be paid
to the chiefs, to be by them applied to the support of the poor and infirm
of said tribe, in such manner as shall be most beneficial.

Art. 16. This treaty after the same shall be ratified by the President
and Senate of the United States, shall be binding on the contracting
parties.

Schedule of grants referred to in the foregoing treaty article twelve.

To John B. Richardville, principal chief,

Two sections of land, to include and command the principal falls of
Pipe creek.

_ Three sections of land, commencing at the mouth of the Salamania
river, thence running three miles down the Wabash river, and one
mile up the Salamania river.

_ Two sections of land, commencing at the mouth of the Mississinnewa
river, thence down the Wabash river two miles and up the Mississin¬
newa river, one mile.

One and one half section of land on the Wabash river at the mouth
of Flat Rock (creek) to include his mills and the privileges thereof.

One section of land on the Wabash river opposite the town of
Wabash:

All of which said tracts of land are to be surveyed as directed by
the said grantee.

To Francis Godfroy a chief one section of land opposite the town of
Peru and on the W abash river.

One section of land on Little Pipe creek, to include his mill and the
privileges thereof.

Four sections of land where he now lives.

All which said tracts of land are to be surveyed as directed by the
said grantee.

To Po-qua Godfroy one section of land to run one mile on the
Wabash river and to include the improvements where he now lives.

To Catherine Godfroy, daughter of Francis Godfroy and her chil¬
dren one section of land to run one mile on the Wabash river, and to
include the improvement where she now lives.

To Ivah-tah-mong-quah, son of Susan Richardville one half section
of land on the Wabash river below and adjoining the three sections
granted to John B. Richardville.

To Mong-go-sah, son of La Blonde one-half section of land on the
Wabash river below and adjoining the half section granted to Kah-tah-
mong-quah.

To Peter Gouin one section of land on the Sixth mile reserve, com ¬
mencing where the northern line of said reserve intersects the Wabash
river; thence down said river one mile and back for quantity.

To Mais-shil-gouin-mi-zah, one section of land to include the “ Deer

TREATY WITH THE MIAMI, 1838.

387

Lick,” alias La Saline, on the creek that enters the Wabash river nearly
opposite the town of Wabash.

To O-zah -shin-quah and the wife of Bronilette, daughters of the
“ Deaf Man” as tenants in common one section of land on the Missis-
sinnewa river to include the improvements where they now live.

# To O-san-di ah one section of land where he now lives on the Mis-
sissinnewa river, to include his improvements.

To Wah-pi-pin-cha one section of land on the Mississinnewa river,
directly opposite the section granted to O-san-di-ah.

To Mais-zi-quah one section of land on the Wabash river, com¬
mencing at the lower part of the improvement of Old Sally, thence up
said river one mile and back for quantity.

# To Tah-ko-nong one section of land where he now lives on the Mis¬
sissinnewa river.

To Cha-pine one section of land where he now lives on the Ten mile
reserve.

To White Loon one section of land, at the crossing of Longlois’s
creek, on the Ten mile reserve, to run up said creek.

To Francis Godfroy one section of land, to be located where he shall
direct.

To Neh-wah-ling-quah one section of land where, he now lives on the
Ten mile reserve.

To La Fountain one section of land south of the section he now lives
on and adjoining the same, on the Ten mile reserve.

To Seek one section of land south of the section of land granted to
Wa-pa-se-pah by the treaty of 1834 on the Ten mile reserve.

To Black Loon one section of land on the Six mile reserve, com¬
mencing at a line which will divide his field on the W abash river, thence
up the river one mile and back for quantity.

To Duck one section of land on the Wabash river below and adjoin¬
ing the section granted to Black Loon, and one mile down said river,
and back for quantity.

To Me-cha-ne-qua a chief, alias Gros-mis one section of land where
he now lives;

One section to include his field on the Salamania river;

One and one-half section commencing at the Wabash river where the
road crosses the same from John B. Richardville, jr.’s; thence down
the said river to the high bank on Mill creek; thence back so as to
include a part of the prairie, to be surveyed as directed by said chief.

To Tow-wah-keo-shee, wife of Old Pish-a-wa one section of land on
the Wabash river below and adjoining the half section granted to Mon-
go-sah.

To Ko-was-see a chief one section of land now Seeks reserve, to
include his orchard and improvements.

To Black Loon one section of land on the Six mile reserve and on
the Salamania river, to include his improvements.

To the wife of Benjamin, Ah-mac-kon-zee-quah one section of land
where she now lives, near the prairie and to include her improvements,
she being commonly known as Pichoux’s sister.

To Pe-she-wah one section of land above and adjoining the section
and a half granted to John B. Richardville on Flat Rock (creek) and
to run one mile on the Wabash river.

To White Raccoon one section of land on the Ten mile reserve
where he may wish locate the same.

To La Blonde, the chiefs daughter one section of land on the W abash
river below and adjoining the section of land granted to Francis God-
frov, to be surveyed as she may direct.

to Ni-con-zah one section of land on the Mississinnewa river a little
above the section of land granted to the Deaf Man’s daughters, and on

Grants of land . to
persons named.

388

TREATY WITH THE CREEKS, 1838.

e?sonsnamedand t0 the opposite side of the river, to include the pine or evergreen tree, and
to be surveyed as he may direct.

To John B. Richardville one section of land to include the Osage
village on the Mississinewa river as well as the burying ground of his
family, to be surveyed as he may direct.

To Kee-ki-lash-e-we-ah alias Godfroy one half section of land back
of the section granted to the principal chief opposite the town of Wa¬
bash, to include the creek;

One-half section of land commencing at the lower corner of the sec¬
tion granted to Mais-zi-quah, thence half a mile down the Wabash
river.

To Al-lo-lah one section of land above and adjoining the section
granted to Mais-shie-gouin-mi-zah and on the same creek.

To John B. Richardville, jr. one section of land on Pipe creek above
and adjoining the two sections of land granted to the principal chief, to
be surveyed as he may direct.

To John B. Richardville, one section of land wherever he may
choose to have the same located.

It is understood that all the foregoing grants are to be located and
surveyed so as to correspond with the public surveys as near as may be
to inclu de the points designated in each grant respectively.

TREATY WITH THE CREEKS, 1838.

Nov. 23, 1838, Articles of a treaty , made and concluded at Fort Gibson west of
Proclamation Mar Arkansas between Captain William Armstrong act superintendent
2, 1839. ’ Western Territory , and Brevt Brig Gen Arbuckle commissioners on

the part of the United States and the undersigned chiefs being a full
delegation of the Creek chiefs duly authorized and empowered by their
nation to adjust “ their claims for property and improvements aban¬
doned , or lost , in consequence of their emigration west of the Missis¬
sippi. .

Certain claims relin¬
quished by Creeks. ••

.Payment for said
claims.

Investment for cer¬
tain Creeks.

Said investment,
after 25 years, how to
be appropriated.

Payment to satisfy
claimsof theMcIntosh
party.

Art. 1st. The Creek nation do hereby relinquish all ‘‘claims for
property and improvements abandoned or lost, in consequence of their
emigration west of the Mississippi,” in consideration of the sums stipu¬
lated in the following articles.

Art. 2d. The United States agree to pay the Creek nation for prop¬
erty &c. as set forth in the preceding article the sum of fifty thousand
dollars in stock animals as soon as practicable after the ratification of
this treaty. These animals to be furnished and distributed to the people
of each town in proportion to their loss, as set forth by the accompany¬
ing schedule under the direction of their chiefs and an agent of the
Government.

Art. 3d. The United States further agrees to invest for the benefit
of the individuals of the Creek nation referred to in the preceding
article, the sum of three hundred and fifty thousand dollars and secure
to them the interest of five per cent, thereon, to be paid annually, the
interest for the first year to be paid in money, the interest thereafter to
be paid in money, stock animals, blankets, domestics or such articles
of a similar nature as the President of the United States may direct,
to be distributed as set forth in the preceding article.

Art. 4th. It is further agreed that the sum invested by the preced¬
ing article shall at the expiration of twenty-five years be appropriated
under the direction of the President of the United States for the com¬
mon benefit of. the Creek nation.

Art. 5th. The United States further agrees to pay the sum of twenty-
one thousand one hundred and three dollars and thirty-three cents, to
satisfy claims of the early Creek emigrants to the west, of the McIntosh
party as set forth in the accompanying schedule marked (A.)

TREATY WITH THE OSAGE, 1839.

389

Art. 6th. In consideration of the suffering condition of about two supplies for hostile
thousand five hundred of the Creek nation who were removed to this Creeks'
country as hostiles and that are not provided for by this treaty, and the
representation of the chiefs of the nation, that their extreme poverty
has, and will cause them to commit depredations on their neighbours,
it is therefore agreed on the part of the United States that the Creek
Indians refered to in this article shall receive ten thousand dollars in
stock animals for one year, as soon as convenience will permit after the
ratification of this treaty.

It is however understood by the contracting parties that the rejection Rejection of the last
of this article will not effect the other provisions of this treaty. etc.0 e n° 0 a ec ’

TREATY WITH THE OSAGE, 1839.

Articles of a treaty made and, concluded at Fort Gibson, west of Arkansas Jan, n, 1839.

between Brig. General M. Arbuckle, Commissioner on the part of the 7stat^576.
United States , and the chiefs , headmen and warriors of the Great and 2, 1m. amatl0n’ * ar*
Little Osage Indians, duly authorized by their respective bands.

Article 1st. The Great and Little Osage Indians make the follow¬
ing cessions to the United States.

First, Of all titles or interest in any reservation heretofore claimed
by them within the limits of any other tribe.

Second, Of all claims or interests under the treaties of November
tenth, one thousand eight hundred and eight and June second, one
thousand eight hundred and twenty-five, except so much of the latter
as is contained in the sixth article thereof and the said Indians bind
themselves to remove from the lands of other tribes, and to remain
within their own boundaries.

Article 2d. In consideration of the cessions and obligations con¬
tained in the preceding article, the United States agree to the follow¬
ing stipulations on their part.

First, To pay to the said Great and Little Osage Indians, for the
term of twenty years an annuity of twenty thousand dollars to be paid
in the Osage nation, twelve thousand in money and eight thousand in
goods, stock, provisions, or money as the President may direct.

Second, To furnish the Osage nation, for the term of twenty years,
two blacksmiths and two assistants, the latter to be taken from the
Osage nation, and receive two hundred and twenty-five dollars each,
per year; each smith to be furnished with a dwelling house shop and
tools, and five hundred pounds of iron, and sixty pounds of steel
annually.

Third, To furnish the Osage nation with a grist and saw mill, a
miller to each for fifteen years, and an assistant to each for eleven
years, the latter to be taken from the Osage nation and receive each
two hundred and twenty-five dollars per year; each miller to be fur¬
nished with a dwelling house, and the necessary tools.

Fourth, To supply the said Great and Little Osage Indians within
their country with one thousand cows and calves, two thousand breed¬
ing hogs, one thousand ploughs; one thousand sets of horse gear; one
thousand axes, and one thousand hoes; to be distributed under the
direction of their agent, and chiefs, as follows, viz: to each family who
shall form an agricultural settlement, one cow and calf, two breeding
hogs, one plough, one set of horse gear, one axe, and one hoe. The stock
tools &c. to be in readiness, for delivery, as soon as practicable after
the ratification of this treaty, and the Osages shall have complied with
the stipulations herein contained.

Fifth, To furnish the following named chiefs, viz: Pa-hu-sca,
Clermont, Chiga-wa-sa, Ka-he-gais-tanga, Tawan-ga-hais, Wa-cho chais,
Ni-ka-wa-chin-tanga, Tally, Gui-hira-ba-chais, Baptiste Mongrain, each

Cessions by the
Osage.

Consideration there¬
for.

Annuity.

Blacksmiths.

Grist and saw mills.

Cows, calves, hogs
etc.

Houses, wagons,
etc., for certain chiefs.

390

TEE AT Y WITH THE CHIPPEWA, 1839.

with a house worth two hundred dollars; and the following named
chiefs, viz: Chi-to-ka-sa-bais, Wa-ta-ni-ga, Wa-tier-chi-ga, Chon-ta-sa-
bais, Nan-gais-wa-ha-qui hais, Ka-hi-gais-stier-de-gais, Man-haie-spais-
we-te-chis, Chow-gais-mo-non, Gre-tan-man-sais, Kan-sais-ke-cris,
Cho-mi-ka-sais, Man-eha-ki-da-chi-ga, each with a house worth one
hundred dollars, and to furnish the above named chiefs with six good
wagons, sixteen carts, and twenty-eight yoke of oxen, with a yoke and
log chain to each yoke of oxen, to be delivered to them in their own
country, as soon as practicable after the ratification of this treaty.
agains?indians?lanns Sixth, To pay all claims against said Osages, for depredations com¬
mitted by them against other Indians or citizens of the United States,
to an amount not exceeding thirty thousand dollars, provided that the
said claims shall be previously examined under the direction of the
President.

reservation* certam Seventh , To purchase the reservations provided for individuals in

the fifth article of the treaty of June second, one thousand eight hun¬
dred and twenty-five, at not exceeding two dollars per acre, to be paid
to the respective reservees, excepting however from this provision,
the tracts that were purchased in the fourth article of the treaty with
the Cherokees of December twenty-ninth one thousand eight hundred
and thirty-five.

S3?wdedtactelnfrom Eighth, To reimburse the sum of three thousand dollars deducted
their annuity. from their annuity in one thousand eight hundred and twenty-five, to
pay for property taken by them, which they have since returned.
moncsband!0 Cler Ninth, To pay to Clermont's band, their portion of the annuity for
one thousand eight hundred and twenty-nine, which was wrongfully
withheld from them, by the agent of the Government, amounting to
three thousand dollars.

\fhenaratified.nding Art. 3d. This treaty shall be binding on both parties when ratified
by the United States Senate.

TREATY WITH THE CHIPPEWA, 1839.

Feb. 7, 1839.

7 Stat., 578.
Proclamation, Mar.
2, 1839.

Preamble.

Indians agree to sell
certain lands.

This compact to be
submitted to the Sen¬
ate for approval, etc.

Articles supplementary to certain treaties between the United States and
the Saganaw tribe of Chipperioa.

Art. 1. Whereas the said tribe have, by the treaty of the 14th Janu¬
ary, 1837, ceded to the United States, all their reserves of land in the
State of Michigan, on the principle of said reserves being sold at the
public land offices for their benefit, and the actual proceeds being paid
to them, as farther defined by stipulations contained in the amend¬
ments to said treaty of the 20th December 1837, and of the 23d Janu¬
ary 1838. And whereas it is required by a subsequent law of Congress,
to erect a light-house on one of said reserves, called Ka-bo-bish tract,
lying at the mouth of the Saganaw river, and to reserve so much of
the same from sale as may be necessary; it is therefore hereby agreed,
by the said tribe, that for, and in consideration of the sum of eight
dollars per acre, one sixteenth of a section of said tract, situated as
aforesaid, shall be, and the same is hereby appropriated and set apart,
to be located and disposed of in any manner the President may direct.
And the same shall be reserved from sale, and all claim to any pro¬
ceeds therefrom, except the sum herein before stipulated, is fully,
completely and forever relinquished by said tribe.

Art. 2. This compact shall be submitted to the President and Senate
of the United States, to be approved by them, whereupon possession
of the land may be immediately taken, and the usuf ructory right of the
Indians thereto shall cease.

391

TREATY WITH THE STOCKBRIDGE AND MUNSEE, 1839.

Supplementary article to a certain treaty between the United States and
the Chippewa chiefs of Saganaw , concluded at Lower Sagana/w on
the seventh day of February eighteen hundred and thirty -nine.

Feb. 7, 1839.

7 Stat., 579.
Proclamation, Mar.
2, 1839.

• Art. 1st. Whereas by the first article of the aforesaid treaty, the Preamble,
chiefs stipulate to sell to the United States forty acres of land to be
located on the Na-bo-bish tract at the mouth of Saganaw river, for the
purpose of erecting thereon a light-house.

Now provided the President of the U. S. should prefer forty acres, President may
on the tract, known as the forty thousand acre reservation, at the tionnge a certam loca"
mouth of the aforesaid river, he is fully authorized by these presents
to change the location from the Na-bo-bish tract, to the said forty
thousand acre reservation.

TREATY WITH THE STOCKBRIDGE AND MTJNSEE, 1839.

Articles of a treaty made at Stockbridge in the Territory of Wisconsin , sept. 3, i839.;
on the third day of September in the year of our Lord one thousand 7 stat., sso.
eight hundred and thirty -nine, between the United States of America, Proclamation May
by their commissioner Albert Callup , and the Stockhidge and Mun- isw.
see tribes of. Lndians, who reside upon Lake Winnebago in the territory
of Wisconsin.

Article 1. The Stockbridge and Munsee tribes of Indians (formerly p^nd^ceded to the
of New York) hereby cede and relinquish to the United States, the east
half of the tract of forty-six thousand and eighty acres of land, which
was laid off' for their use, on the east side of Lake Winnebago, in pur¬
suance of the treaty made by George B. Porter commissioner on the
part of the United States, and the Menominee nation of Indians, on
the twenty -seventh day of October eighteen hundred and thirty-two.

The said east half hereby ceded, to contain twenty -three thousand and
forty acres of land; to be of equal width at the north and south ends,
and to be divided from the west half of said tract of forty-six thou¬
sand and eighty acres, by a line to be run parallel to the east line of
said tract. The United States to pay therefor, one dollar per acre at Payment therefor,
the time and in the manner hereinafter provided.

Art. 2. Whereas a portion of said tribes, according to a census or . Payment to the em-
roll taken, and hereunto annexed, are desirous to remove west and the 1&ratm® Party-
others to remain where they now are; and whereas the just proportion
of the emigrating party in the whole tract of forty-six thousand and
eighty acres is eight thousand seven hundred and sixty-seven and
three-fourths acres of land; it is agreed that the United States pay to
the said emigrating party, the sum of eight thousand seven hundred
and sixty-seven dollars and seventy-five cents, as a full compensation
for all their interest in the lands held by the party who remain, as
well as in the lands hereby ceded to the United States.

Art. 3. Whereas the improvements of the emigrating party are all improvements of
on that part of the original tract which is reserved and still held by b^Stdfof. party to
the party who remain in Stockbridge, and it is but equitable that those
who remain should pay those who emigrate for such improvements; it
is agreed that the United States shall pay to the emigrating party the
sum of three thousand eight hundred and seventy-nine dollars and
thirty cents, the appraised value of said improvements; and it is hereby
agreed and expressly understood, that the monies payable to the emi¬
grating party shall be distributed among the heads of families accord¬
ing to the schedule hereunto annexed, the whole amount to be paid to
the emigrating party under this and the preceding article being the
sum of twelve thousand six hundred and forty-seven dollars and five
cents.

Art. 4. The balance of the consideration money for the lands hereby Balance of the con¬
ceded, (after deducting the sums mentioned in the second and third be invested, etc. ^
articles,) amounting to the sum of ten thousand three hundred and

392

TREATY WITH THE STOCKBRIDGE AND MUNSEE, 1839.

ninety-two dollars and ninety-five cents, is to be paid to, and invested
for the benefit of such of the Stockbridge and Munsee tribes of Indians
(numbering three hundred and forty -two souls) as remain at their pres¬
ent place of residence at Stockbridge on the east side of Winnebago
lake, as follows. Six thousand dollars of said sum to be invested by
the United States in public stocks at an interest of not less than five
percent, per annum as a permanent school fund; the interest of which
shall be paid annually to the sachem and counsellors of their tribes, or
such other person as they may appoint to receive the same, whose
receipt shall be a sufficient voucher therefor; and the balance thereof
amounting to four thousand three hundred and ninety-two dollars and
ninety-five cents, shall be paid to the said sachem and counsellors, or
to such person as they may appoint to receive the same, whose receipt
shall be a sufficient voucher therefor.

The moneys to be Art. 5. The monies herein secured to be paid by the United States
paid m one year. Stockbridge and Munsee tribes amounting in all to twenty-three

thousand and forty dollars, are to be paid in manner aforesaid, in one
year from the date hereof, or sooner if practicable.

Exploring party. Art. 6. It is agreed that an exploring party not exceeding three in
number may visit the country west, if the Indians shall consider it
necessary, and that whenever those who are desirous of emigrating
shall signify their wish to that effect, the United States will defray the
expenses of their removal west of the Mississippi and furnish them
with subsistence for one year after their arrival at their new homes.
The expenses of the exploring party to be borne by the emigrants.

Mode of settling Art. 7. Whereas there are certain unliquidated claims and accounts
diansf between In' existing between the emigrating party, and those who remain where
they now are, which it is now impossible to liquidate and adjust; it is
hereby agreed that the same shall be submitted to the agent of the
United States who shall be appointed to make the payments under this
treaty, and that his decision shall be final thereon.

Roll and schedule referred to in articles two and three of the treaty hereunto annexed.

Names of heads of families of emigrating party.

No.

each

fam¬

ily.

No. of
acres
of land
to each
family.

Value of
lands in
dollars
and
cents.

Ap¬
praised
value of
improve¬
ments.

Total
value of
lands and
improve¬
ments and
amount to
be paid to
head of
each
family.

Thomas T. Hendrick .

713

$713 00

$480 50

$1, 193 50

Robert Konkapot .

490i

490 50

939 00

1,429 50

Timothy Tousse .

642

642 00

135 00

777 00

Elisha Konkapot .

642

642 00

67 50

709 50

Cornelius Charles .

686

686 00

Jonas Konkapot .

321

321 00

56 25

377 25

Levi Konkapot .

107

107 00

384 00

491 00

David Abrams .

214

214 00

Dollv Dockstader .

597

597 50

168 75

766 25

Eli Hendrick .

321

321 00

238 25

559 25

Simeon Konkapot . . .

321

321 00

Lydia Hendrick .

107

107 00

305 00

412 00

Thomas S. Branch .

131 a

131 50

John Baldwin . . .

107'

107 00

John W. Newcom .

535

535 00

Jonas Littleman .

107

107 00

Henry Skickett . . .

321

321 00

Betsy Bennet .

107

107 00

Peter Sherman .

107

107 00

390 00

497 00

David Calvin .

44|

44 50

Eli Williams .

107

107 00

Catherine Littleman .

642

642 00

James Rain .

642

642 00

40 00

682 00

Big Deer .

107

107 00

Ziba T. Peters .

2461

246 25

144 30

390 55

Cornelius Chemaucum .

214

214 00

And other heirs of Phebe Ducham .

1871

187 50

530 75

718 25

8,7671

8,767 75

3,879 30

12,647 05

TREATY WITH THE MIAMI, 1840.

393

TREATY WITH THE MIAMI, 1840.

Articles of a treaty. made and concluded at the Forks of the Wabash , in
the State of Indiana , this twenty-eighth day of November in the year
of our Lord one thousanid eight hundred and forty, between Samuel
Milroy and* Allen Hamilton , acting ( unofficially ) as commissioners on
the part of the United States, and the chiefs , wa/rriors and headmen
of the Miami tribe of Indians.

Art. 1. The Miami tribe of Indians, do hereby cede to the United
States all that tract of land on the south side of the Wabash river, not
heretofore ceded, and commonly known as u the residue of the Big1
Reserve.” Being all of their remaining lands in Indiana.

Art. 2. For and in consideration of the cession aforesaid, the United
States agree to pay to the Miami tribe of Indians the sum of five hun¬
dred and fifty thousand dollars. Three hundred thousand dollars of
which sum to be set apart, p,nd applied immediately after the ratifica¬
tion of this treaty and an appropriation is made by Congress to carry
its provisions into effect, to the payment of the debts of the tribe, as
hereinafter stipulated. And the residue, two hundred and fifty thou¬
sand dollars, to be paid in twenty equal yearly instalments.

Art. 3. The Miamies, being desirous that their just debts shall be
fully paid; it is hereby, at their request stipulated, that immediately
on the ratification of this treaty, the United States shall appoint a
commissioner or commissioners, who shall be authorized to investigate
all claims against any and every member of the tribe, which have
accrued since the 6th day of November, 1838, or which may accrue
before the date of the ratification of this treaty, without regard to dis¬
tinction of blood in the claimant or claimants. And whose duty it
shall be to enquire into the equity and legality of the original cause of
indebtedness, whether the same now is, or may then be in the form of
judgments, notes, or other evidence of debt, and report for payment
out of the money set apart by this treaty for that purpose, such claims
only, or parts of claims, as shall be both legal and just. And his or
their award when approved by the President of the United States shall
be final. Two hundred and fifty thousand dollars of the sum set apart
in the second article of this treaty shall be applied to the payment of
debts contracted before the twenty-eighth day of November, 1840;
and the residue of said sum, after such debts are satisfied, being fifty
thousand dollars, to the payment of debts contracted between the last
named date and the time of the ratification of this treaty by the Sen¬
ate of the United States; giving preference, in the application of said
sum of fifty thousand dollars, to debts contracted for provisions and
subsistence.

Art. 4. It is further stipulated that the sum of twenty-five thousand
dollars be paid to John B. Richardville. And the sum of fifteen thou¬
sand dollars to the acting executor of Francis Godfroy deceased, being
the amount of their respective claims against the tribe; out of the
money set apart for the payment of their debts by the second article
of this treatv.

Art. 5. And whereas the late war chief, (Francis Godfroy,) bequeathed
to his children a large estate, to remain unsold until the youngest of
said children shall arrive at the age of twenty-one years. It is there¬
fore stipulated, that the United States shall pay to the family of said
deceased chief their just proportion of the annuities of said tribe, at
Fort Wayne, from and after the time the tribe shall emigrate to the
country assigned to them west of the Mississippi.

Art. 6. It is further stipulated, that the sum of two hundred and
fifty dollars shall be paid annually by the United States, and accepted
by the Miamies in lieu of the labour stipulated to be furnished by the
fourth article of the treaty of the 23d of October 1826, for the purpose

Nov. 28, 1840.

7 Stat., 582.
Proclamation, June
7, 1841.

Lands ceded to the
United States.

Consideration there¬
for.

Commissioners to in¬
vestigate claims.

Payments to J. B.
Richardville and the
executor of F. God¬
froy.

Payments to the
family of F. Godfroy.

Payments in lieu of
labor.

394

TREATY WITH THE MIAMI, 1840.

of preventing the dissatisfaction, occasioned heretofore, in the distri¬
bution of said labour amongst the different bands.

united states to con- Art. 7. It is further stipulated, that the United States convey by
Me-shing-go-me-zia. patent, to Me-shing-go-me-sia, son ot Ma-to-sm-ia, the tract ot land
reserved by the 2d article of the treaty of the 6th of November 1838,
to the band of Ma-to-sin-ia to be held by the said Me-shin-go-me-zia,
for his band; and the proceeds thereof, when the same shall be alien¬
ated, shall be equitably distributed to said band, under the direction
of the President. And the same provision made in favour of John B.
Richardville and family, in the 14th article of the treaty of the 6th of
November 1838, is hereby granted and extended to the above named
Me-shing-go-me-sia, and to his brothers.

Removal of Indians. Art. 8. It is hereby stipulated, that the Miami tribe of Indians shall

remove to the country assigned them west of the Mississippi, within
five years from this date; the United States paying every expense
attending such removal, and to furnish rations to said tribe for twelve
months after their arrival at said country. And the United States
shall also cause four thousand dollars to be expended to the best
advantage in supplying good merchantable pork and flour to said
tribe, during the second year of their residence at their new homes.
Which sum is to be deducted from their annuity of that year.

in case of the sum Art. 9. It is further stipulated, that should there be an unexpended
mentaof debts ebeing ballance of the “three hundred thousand dollars,” after the payment
too great. of the debts of the tribe as provided in the second article of this treaty;

such balance to be paid over to the Miamies at the next payment of
annuities after the amount of said balance shall have been ascertained.

Reservations of land Art. 10. It is stipulated and agreed between the contracting parties,
amdrBLafountain.llle that there shall be, and hereby is granted and reserved to John B.

Richardville, principal chief, seven sections of land, from the land
ceded in the first article of this treaty; at such point or points as he
may select (not less than one section at any one point,) to be conveyed
to him by patent from the United States. And also, in like manner,
one section of land to Francis Lafountain, at the rapids of Wildcat, to
be surveyed under his direction.

provisions of former Art. 11. Nothing in this treaty shall be so construed as to impair
except! etc?4 & tere ’ the force or validity of former treaty stipulations, existing between
the United States and the Miami tribe of Indians, not altered by nor
coming within the purview of any of the provisions of this treaty.

Art. 12. The United States hereby stipulate to set apart and assign
to the Miamies, for their occupancy west of the Mississippi, a tract of
country bounded on the east by the State of Missouri, on the north by
the country of the Weas and Kaskaskias, on the west by the Pota-
watomies of Indiana, and on the south by the land assigned to the
New York Indians, estimated to contain five hundred thousand acres.

Expenses of this Art. 12. It is hereby stipulated, that the United States provide for
united states.pal<i by the payment of the expense which may be necessarily incurred in the
negotiation of this treaty.

Treaty binding Art. 13. This treaty shall be binding on the United States, and on
when ratified. the Miami tribe of Indians, from and after the date of its ratification

by the President by and with the advice and consent of the Senate of
the United States. But, if the same shall not be so ratified before the
4th day of March next, it shall be of no binding force or validity.

Assent of the in- Art. 14. We the chiefs warriors, and headmen of the Miami tribe
dians to this treaty. Q£ pn(jians, having examined and considered the foregoing articles, after
the same had been interpreted and explained to us to our satisfaction,
do hereby agree and request, that the said articles shall be taken and
held as a treaty between the parties thereto; and when ratified as pro¬
vided in the last preceding article, be binding on our tribe, and on
the United States, as fully to all intents and purposes as though the
same had been officially and formally made on the part of the United
States.

TREATY WITH THE WYANDOT, 1842.

395

TREATY WITH THE WYANDOT, 1842.

John Tyler, President of the United States of America, by John
Johnston, formerly agent for Indian affairs, now a citizen of the State
of Ohio, commissioner duly authorized and appointed to treat with
the W yandott Nation of Indians for a cession of all their lands lying
and being in the States of Ohio and Michigan; and the duly constituted
chiefs, counsellors, and head-men, of the said Wyandott' Nation, in
full council assembled, on the other part, have entered into the follow¬
ing articles and conditions, viz:

Article 1. The Wyandott Nation of Indians do hereby cede to the
United States all that tract of land situate, lying, and being in the
county of Crawford and State of Ohio, commonly known as the residue
of the large reserve, being all of their remaining lands within the
State of Ohio, and containing one hundred and nine thousand one
hundred and forty-four acres, more or less. The said nation also
hereby cedes to the United States all their right and title to the Wyan¬
dotte Reserve, on both sides of the river Huron, in the State of Mich¬
igan, containing four thousand nine hundred and ninety-six acres, be
the same more or less, being all the remaining lands claimed or set
apart for the use of the Wyandotts within the State of Michigan; and
the United States hereby promises to pay the sum of five hundred
dollars towards the expenses of removing the Indians of the river
Huron to Upper Sandusky, but before the latter clause of this article
is binding on the contracting parties, the consent of the head-men of
the river Huron Wyandotts is to be had in writing.

Article 2. In consideration of the foregoing cession, the United
States hereby grant to the aforesaid Wyandott Nation a tract of land
west of the Mississippi River, to contain one hundred and forty-eight
thousand acres, and to be located upon any lands owned by the United
States, now set apart, or may in future be set apart for Indian use,
and not already assigned to any other tribe or nation.

Article 3. The United States agree to pay the Wyandott Nation a
perpetual annuity of seventeen thousand five hundred "dollars in specie,
the first payment to be made within the present year, 1842, to enable
the nation the more speedily to remove to their new home in the West;
this includes all former annuities.

Article 4. The United States agree to make a permanent provision
of five hundred dollars per annum, for the support of a school, to be
under the direction of the chiefs, and for no other purpose whatever,
the first payment to be made three years hence, and afterwards at the
payment of the annuity in each succeeding year.

Article 5. The United States agree to pay the Wyandotts the full
value of their improvements in the country hereby ceded by them in
Ohio and Michigan, which valuation shall be made by two persons to
be appointed by the President of the United States, who shall be sworn
faithfhlly to do justice to the parties, the amount pf such valuation to
be paid at any time after the 1st day of April, 1843, as shall be
acceptable to the Wyandott chiefs, to meet their arrangements for
emigrating.

Article 6. The United States hereby agree to pay the debts due by
members of the Wyandott Nation to citizens of the United States,
amounting to twentj^- three thousand eight hundred and sixty dollars,
in conformity to a schedule hereto annexed.

Article T. The Wyandotts shall be allowed the use and occupancy
of their improvements until the 1st of April, 1844,- on the condition
that they nor any persons claiming or occupying under them by lease
or otherwise shall not commit waste or damage on the premises hereby
ceded, but this is not to prevent the United States from surveying
and selling the land at any time previous to the said 1st day of April,
1844.

Mar. 17, 1842.

11 Stat.,581.
Proclaimed Oct. 5,
1842.

Cession of lands to
the United States.

Grant by the United
States to the Wyan¬
dotts.

Annuity.

School.

Value of improve¬
ments to be paid the
Wyandot.

Debts.

Improvements to l?e
used on conditions.

396

TEE AT Y WITH THE WYANDOT, 1842.

Blacksmith.

Subagent and in¬
terpreter.

Mission and build¬
ings to remain.

Who may share the
annuity.

Heirs of Horonu.

Removal.

Grant to certain
persons.

Article 8. The United States engage to provide and support a black¬
smith and an assistant blacksmith for the Wyandott Nation, and to
furnish annually a sufficient quantit}7 of iron, steel, coal, files, tools,
and all other things necessary and proper in such an establishment,
and to erect a suitable shop and house or houses for the residence of
the blacksmith and his assistant.

Article 9. The United States engage to maintain and support a
sub-agent and interpreter to reside among the Wyandotts to aid them
in the protection of their persons and property, and to manage their
intercourse with the Government and citizens of the United States.

Article 10. The buildings and farm occupied b}T the mission of the
Methodist Episcopal Church shall remain in possession of the present
incumbents until the 1st day of April, 1814, and permission is hereby
given to harvest and remove the crop of fall-grain which may be then
sown.

Article 11. All persons identified as members of the Wyandott
Nation, and their heirs, and who may emigrate to the west, shall par¬
ticipate equally in the benefits of the annuity, and all other national
privileges, and it is expressly understood that those who do not emi¬
grate, and any that may hereafter cease to remain with the nation, will
not be entitled to the benefits and privileges aforesaid.

Article 12. Whereas by the 8th article of the treaty of Miami
Rapids of September 29th, 1817, (proclaimed January 4, 1819,) there
was granted unto Horonu, or Cherokee Boy, a Wyandott chief, one
section of land, to contain six hundred and forty acres; and whereas
the said Horonu did during his life-time sell and convey to James
Whitaker one quarter-section of said land, containing 160 acres, which
sale was confirmed by the President of the United States. The said
Horonu died in the month of March, 1826, having by his last will
bequeathed the remaining three quarter-sections, containing 480 acres,
to Squeendehtee and Sooharress, or Isaac Williams, they being the
nearest of kin to the deceased, now to the intent that the purposes
of the testator may be fully complied with, it is hereby agreed the
480 acres of land, as aforesaid, shall be immediately sold under the
directions of the President of the United States, and the net proceeds,
after deducting all expenses, be paid over to the heirs aforesaid.

Article 13. The chiefs of the Wyandott Nation hereby agree to
remove their whole people to the west of the Mississippi River w ithout
any other cost to the United States than the sum of ten thousand dol¬
lars; five thousand dollars of which is to be paid the said chiefs when
the first detachment of their people sets out on their journey to the
west, and the remaining five thousand dollars on the arrival of the whole
nation at the place of their destination in the west.

Article 14. The United States agree to grant by patent in fee-sim¬
ple to each of the following-named persons, and their heirs all of
whom are Wyandotts by blood or adoption, one section of land of six
hundred and forty acres each, out of any lands west of the Missouri
River set apart for Indian use, not already claimed or occupied by any
person or tribe, viz: Silas Armstrong, John M. Armstrong, Matthew
R. Walker, William Walker, Joel Walker, Charles B. Garrett, George
Garrett, George J. Clark, Irwin P. Long, Ethan A. Long, Joseph L.
Tennery, Robert Robertaile, Jared S. Dawson, Joseph Newell. John
T. Walker, Peter D. Clark, James Rankin, Samuel McCulloch, Elliott
McCulloch, Isaiah Walker, William M. Tennery, Henry Clay Walker,
Ebenezer Z. Reed, and Joel Walker Garrett, and to the following
chiefs and councillors one section each: Francis A. Hicks, James
Washington, Squeendehtee, Henry Jaques, Tauroonee, Doctor Grey
Eyes, George Armstrong, Warpole, John Hicks, Peacock, and George
Punch. The lands hereby granted to be selected by the grantees,
surveyed and patented at the expense of the United States, but never

TREATY WITH THE SENECA, 1842.

397

to be conveyed by them or their heirs without the permission of the
President of the United States.

Article 15. The United States agree to pay to William Walker
and Joel Walker, each, the sum of two hundred and fifty dollars, and
to John M. Armstrong the sum of one hundred and fifty dollars, for
services rendered as interpreters in the progress of the negotiation;
and to War pole, a former chief of the Wyandott Nation, one hundred
and fifty dollars, money expended by him as one of the party who
accompanied Joseph McCutchen, a former commissioner of the United
States, to the city of Washington in September, 1839.

Article 16. In the year 1812 the houses, barns, stables, fences,
horses, cattle, and hogs, with farming utensils and household furni¬
ture, to a large amount, the property of the late William Walker, of
Brownstown, in the Territory of Michigan, was destroyed by the enemy
while in the occupancy of the United States forces; and by reason
of his attachment to the cause of his country, being a native citizen,
taken prisoner in early life by the Wyandott Indians, intermarried,
and ever afterward living among them, the evidence of all which is
ample and conclusive. There is therefore granted unto Catharine
Walker, widow of the said William Walker, and to his heirs, the sum
of three thousand dollars, in full satisfaction of their claim, to be paid
by the United States to her or them after the ratification of this
treaty.

Article 17. There shall be reserved from sale, and forever devoted
to public use, two acres of ground as near as can be in a square form,
to include the stone meeting-house and burying-ground near to and
north of Upper Sandusky, one acre to include the burying-ground on
the bank near the council-house at Upper Sandusky, and one-half acre
to include the burying-ground on the farm of Silas Armstrong, which
several lots of ground shall forever remain open and free to all per¬
sons for the purpose of interment and houses of worship, and for no
other purposes whatever.

Article 18. This treaty shall take effect and be obligatory on the
contracting parties as soon as the same shall be ratified by the Presi¬
dent of the United States, by and with the advice and consent of the
Senate thereof.

TREATY WITH THE SENECA, 1842.

Articles of a treaty made and concluded at Buffalo Creek, , in the State of
New York , on the twentieth day of May in the year one thousand
eight hundred and forty-two, between the United States of America,
acting herein by Ambrose Spencer their Commissioner , thereto duly
authorized , on the one part, and the chiefs, headmen and warriors of
the Seneca nation of Indians, duly assembled in council, on the other
part.

Whereas a treaty was heretofore concluded, and made between the
said United States," and the chiefs, headmen, and warriors of the sev¬
eral tribes of New York Indians, dated the fifteenth day of January in
the year one thousand eight hundred and thirty-eight, which treaty
having been afterwards amended, was proclaimed by the President of
the United States, on the fourth of April one thousand eight hundred
and forty, to have been duly ratified.

And whereas on the day of making this treaty, and bearing even date
herewith, a certain indenture was made executed and concluded by and
between the said Seneca nation of Indians and Thomas L. Ogden, and
Joseph Fellows, assignees under the State of Massachusetts, in the

Payment for serv¬
ices.

Grant to Catharine
Walker.

Reservations.

When to take effect.

May 20, 1842.

7 Stat., 586.
Proclamation, Aug.
26,1842. *

Preamble.

398

TREATY WITH THE SENECA, 1842.

presence, and with the approbation of a Commissioner appointed by the
United States, and in the presence and with the approbation of Samuel
Hoare, a superintendent on the part of the commonwealth of Massa¬
chusetts, which indenture is in the words and figures following to wit:
indenture between “This Indenture made and concluded between Thomas Ludlow
Rndetbeaseneca indi- Ogden of the city of New York, and Joseph Fellows of Geneva, in the
ans- county of Ontario of the one part, and the chiefs and headmen of the

Seneca nation of Indians, on the other part at a council duly assembled
and held at Buffalo Creek in the State of New York on the twentieth
day of May in the year one thousand eight hundred and forty-two in the
presence of Samuel Hoare, the superintendent thereto authorized and
appointed by and on the part of the commonwealth of Massachusetts,
and of Ambrose Spencer a Commissioner thereto duly appointed and
authorized on the part of the United States.

“Whereas at a council held at Buffalo Creek on the fifteenth day of
January in the jTear one thousand eight hundred and thirty eight, an
indenture of that date was made and executed by and between the parties
to this agreement, whereby the chiefs and headmen of the Seneca nation
of Indians for the consideration of two hundred and two thousand dol¬
lars did grant, bargain, release and confirm unto the said Thomas Lud¬
low Ogden and Joseph Fellows, all those four several tracts of land,
situate within the State of New York, then and yet occupied by the
said nation, or the people thereof, severally described in the said inden¬
ture, as the Buffalo Creek Reservation, containing by estimation forty-
nine thousand nine hundred and twenty acres of land, the Cattaraugus
Reservation containing by estimation twenty-one thousand six hundred
and eighty acres of land, the Allegany Reservation, containing by esti¬
mation thirty thousand four hundred and sixty -nine acres of land, and
the Tonnewanda Reservation containing by estimation twelve thousand
eight hundred acres of land; a duplicate of which indenture was annexed
to a treaty of the same date made between the United States of America
and the chiefs, headmen, and warriors of the several tribes of New York
Indians assembled in council; which treaty was amended and proclaimed
by the President of the United States on the fourth of April one thou¬
sand eight hundred and forty, as having been duty ratified; as by the
said indenture, treaty and proclamation more fully appear.

‘ ‘ And whereas divers questions and differences having arisen between
the chiefs and headmen of the Seneca nation of Indians or some of
them, and the said Thomas Ludlow Ogden and Joseph Fellows in rela¬
tion to the said indenture, and the rights of the parties thereto, and the
provisions contained in the said indenture being still unexecuted, the
said parties have mutually agreed to settle, compromise and finally ter¬
minate all such questions and differences on the terms and conditions
hereinafter specified.

“Now therefore it is hereby mutually declared, and agreed, by and
between the said parties as follows.

“Article First. The said Thomas Ludlow Ogden, and Joseph Fel¬
lows in consideration of the release and agreements hereinafter con¬
tained, on the part of the said Seneca nation do on their part consent,
covenant and agree that they the said nation (the said indenture not¬
withstanding) shall and may continue in the occupation and enjoyment
of the whole of the said two several tracts of land, called the Cattarau¬
gus Reservation, and the Allegany Reservation with the same right and
title in all things, as they had and possessed therein immediately before
the date of the said indenture, saving and reserving to the said Thomas
Ludlow Ogden, and Joseph Fellows the right of pre-emption, and all
other the right and title which they then had or held in or to the said
tracts of land.

“ Article Second. The chiefs and headmen of the Seneca nation of
Indians in consideration of the foregoing, and of the agreement next

TREATY WITH THE SENECA, 1842.

399

hereinafter contained, do on their part grant, release and confirm unto indenture between
the said Thomas Ludlow Ogden, and Joseph Fellows, and to their heirs SThe^enec^iiX
and assigns, in joint tenancy, the whole of the said two tracts of land ans-
severally called the Buffalo Creek Reservation, and the Tonnewanda
Reservation, and all the right and interest therein of the said nation.

“ Article Third. Is is mutually agreed, between the parties hereto
that in lieu of the sum expressed in the said indenture, as the consid¬
eration of the sale, and release of the said four tracts of land, there shall
be paid to the said nation a just consideration sum, for the release of
the two tracts, hereby confirmed to the said Ogden and Fellows, to be
estimated and ascertained as follows.

“ The present value of the Indian title to the whole of the said four
tracts of land including the improvements thereon, shall for all the pur¬
poses of this present compact, be deemed and taken to be two hundred
and two thousand dollars, of which sum one hundred thousand dollars
shall be deemed to be the value of such title in and to all the lands
within the said four tracts exclusive of the improvements thereon,
and one hundred and two thousand dollars to be the value of all the
improvements within the said four tracts, and of the said sum of one
hundred thousand dollars the said Ogden and Fellows shall pay to the
Seneca nation such proportion as the value of all the lands within the
said two tracts called the Buffalo Creek, and Tonnewanda Reservations
shall bear to the value of all the lands within all the said four tracts —
and of the said sum of one hundred and two thousand dollars, the
said Ogden and Fellows shall pay such proportion as the value of the
improvements on the same two tracts, shall bear to the value of the
improvements on all the said four tracts.

“Article Fourth. The amount of the consideration monies to be
paid in pursuance of the last preceding article, shall be determined b}T
the judgment and award of arbitrators, one of whom shall be named
by the Secretary of the W ar Department of the United States, and one
by the said Ogden and Fellows, which arbitrators in order to such judg¬
ment and award, and to the performance of the other duties hereby
imposed on them, may employ suitable surveyors to explore examine
and report on the value of the said lands and improvements, and also to
ascertain the contents of each of the said four tracts, which contents
shall govern the arbitrators as to quantity in determining the amount
of the said consideration money.

“ The same arbitrators shall also award and determine the amount to
be paid to each individual Indian out of the sum which on the princi¬
ples above stated, they shall ascertain and award to be the proportionate
value of the improvements on the said two tracts called the Buffalo
Creek Reservation and the Tonnewanda Reservation, and in case the
said arbitrators shall disagree as to any of the matters hereby submitted
to them, they may choose an umpire whose decision thereon shall be
final and conclusive, and the said arbitrators shall make a report in
writing of their- proceedings in duplicate, such reports to be acknowl¬
edged or proved according to the laws of the State of New York, in
order to their being recorded, one of such reports to be filed in the
office of the Secretary of the Department of War, and the other thereof
to be delivered to the said Thomas L. Ogden and Joseph Fellows.

“Article Fifth. It is agreed, that the possession of the two parts
hereby confirmed, to the said Ogden and Fellows, shall be surrendered
and delivered up to them, as follows, viz: The forest or unimproved
lands on the said tracts, within one month after the report of the said
arbitrators shall be filed, in the office of the Department of Vv ar and
the improved lands within two years after the said report shall have been
so filed; Provided always that the amount to be so ascertained and
awarded, as the proportionate value of the said improvements, shall on
the surrender thereof be paid to the President of the United btates, to

400

TREATY WITH THE SENECA, 1842.

Indenture between
Ogden and Fellows
and the Seneca Indi¬
ans.

be distributed among the owners of the said improvements, according
to the determination and award of the said arbitrators, in this behalf,
and provided further that the consideration for the release and con¬
veyance of the said lands shall at the time of the surrender thereof
be paid or secured to the satisfaction of the said Secretary of the War
Department, the income of which is to be paid to the said Seneca Indians
annually.

“But any Indian having improvements may surrender the same, and
the land occupied by him and his family at any time prior to the expi¬
ration of the said two years, upon the amount awarded to him for such
improvements being paid to the President of the United States, or any
agent designated by him for that purpose by the said Ogden and Fel¬
lows, which amount shall be paid over to the Indian entitled to the
same, under the direction of the War Department.

“Article Sixth. It is hereby agreed and declared, to be the under¬
standing and intent of the parties hereto, that such of the said Seneca
nation, as shall remove from the State of New York, under the provi¬
sions of any treaty, made or to be made, between the United States
and the said Indians, shall be entitled in proportion to their relative
numbers to the funds of the Seneca nation, and that the interest and
income of such their share and proportion of the said funds, including
the consideration money to be paid to the said nation in pursuance of
this Indenture, and of all annuities belonging to the said Nation shall
be paid to the said Indians so removing at their new homes, and when¬
ever the said tracts called the Allegheny and the Cattaraugus Keserva-
tions, or any part thereof shall be sold and conveyed by the Indians
remaining in the State of New York, the Indians so removing shall be
entitled to share in the proceeds of said sales in the like proportion.
And it is further agreed and declared, that such Indians owning
improvements in the Cattaraugus and Alleghany tracts as may so
remove from the State of New York, shall be entitled on such removal,
and on surrendering their improvements to the Seneca nation, for the
benefit of the nation to receive the like compensation for the same,
according to their relative values, as in the third and fourth articles of
this treaty are stipulated to be paid, to the owners of improvements in
the Buffalo Creek and Tonnewanda Tracts, on surrendering their
improvements; which compensations may be advanced by the Presi¬
dent of the United States, out of any funds in the hands "of the Gov¬
ernment of the United States, belonging to the Seneca nation, and the
value of these improvements shall be ascertained and reported by the
Arbitrators, to be appointed in pursuance of the fourth article.

“Article Seventh. This Indenture is to be deemed to be in lieu
of, and as a substitute for the above recited Indenture made and dated
the fifteenth day of January, one thousand eight hundred and thirty-
eight, so far as the provisions of the two instruments may be incon¬
sistent, or contradictory, and the said Indenture so far as the same
may be inconsistent with the provisions of this compact, is to be
regarded and is hereby declared to be rescinded and released.

“Article Eighth. All the expenses attending the execution of this
Indenture and compact including those of the arbitration and surveys
hereinbefore referred to, and also those of holding the treaty now in
negotiation between the United States and the said Seneca Nation,
except so far as may be provided for by the United States, shall be
advanced and paid by the said Ogden and Fellows.

“Article Ninth." The parties to this compact mutually agree to
solicit the influence of the Government of the United States to protect
such of the lands of the Seneca Indians, within the State of New York,
as may from time to time remain in their possession from all taxes,
and assessments for roads, highways, or any other purpose until such
lands shall be sold and conveyed by the said Indians, and the possession
thereof shall have been relinquished by them.

401

TREATY WITH THE CHIPPEWA, 1842.

“ 1° fitness whereof, the parties to these presents have hereunto,
and to three other instruments of the same tenor and date, one to
remain with the United States, one to remain with the State of
Massachusetts, one to remain with the Seneca Nation of Indians
and one to remain with the said Thomas Ludlow Ogden and Joseph
Fellows, interchangeably set their hands and seals the day and
year first above written.”

Therefore taking into consideration the premises it is agreed and
stipulated by and between the United States of America and the Seneca
nation of Indians, as follows, to wit:

First, The United States of America consent to the several articles united states agree
and stipulations contained in the last recited Indenture between the t0 indenture-
said nation, and the said Thomas Ludlow Ogden and Joseph Fellows,
above set forth.

Second , The Lnited States further consent and agree that any num- Indians who remove
ber of the. said nation, who shall remove from the State of New York, SSSIdtobS
under the provisions of the above mentioned Treaty proclaimed as fits thereof
aforesaid, on the fourth day of April one thousand eight hundred and
forty, shall be entitled in proportion to their relative numbers to all
the benefits of the said Treaty.

Third, The United States of America further consent and agree, Tenth article of
that the tenth article of said Treaty proclaimed as aforesaid on the April lyi84o .modifiS
fourth day of April one thousand eight hundred and forty, be deemed,
and considered as modified, in conformity with the provisions of the
Indenture hereinabove set forth, so far as that the United States will
receive and pay the sum stipulated to be paid as the consideration
money of the improvements therein specified, and will receive hold and
apply the sum to be paid, or the securities to be given for the lands
therein mentioned, as provided for in such Indenture.

TREATY WITH THE CHIPPEWA, 1842.

Articles of a treaty m ade and concluded at La Pointe of Lake Superior , oct. 4, 1842.

in the Territory of Wisconsin , between Robert Stuart commissions 7 stat., 591.
on the part of the United States , and the Ch ippewa Indians of the 23fi843lamation’ Mar'
Mississippi , and Lake Superior , by their chiefs and headmen.

Article I.

The Chippewa Indians of the Mississippi and Lake Superior, cede Land ceded to the
to the United States all the country within the following bounderies; Umted States-
viz: beginning at the mouth of Chocolate river of Lake Superior;
thence northwardly across said lake to intersect the boundery line
between the United States and the Province of Canada; thence up said
Lake Superior, to the mouth of the St. Louis, or Fond du Lac river
(including all the islands in said lake); thence up said river to the
American Fur Company’s trading post, at the southwardly bend
thereof, about 22 miles from its mouth; thence south to intersect the
line of the treaty of 29th July 1837, with the Chippewas of the Mis¬
sissippi; thence along said line to its southeastward!}" extremity, near
the Plover portage on the Wisconsin river; thence northeastwardly,
along the boundery line, between the Chippewas, and Menomonees, to
its eastern termination, (established by the treaty held with the Chip¬
pewas, Menomonees, and Winnebagoes, at Butte des Morts, August
11th 1827) on the Skonawby river of Green Bay; thence northwardly
to the source of Chocolate river; thence down said river to its mouth,
the place of beginning; it being the intention of the parties to this
treaty, to include in this cession, all the Chippewa lands eastward ly of
the aforesaid line running from the American Fur Company’s trading
post on the Fond du Lac river to the intersection of the line of the
treaty made with the Chippewas of the Mississippi July 29th 1837.

S. Doc. 452 - 26

402

TREATY WITH THE CHIPPEWA, 1842.
Article II.

Hunting ground.

Unceded lands to be
common property of
the Indians.

Sums to be paid by
United States for ces¬
sion.

Indian debts to be
paid by United States.

Provision for half-
breeds.

Division of annuity.

Indians on mineral
districts subject to re¬
moval.

The Indians stipulate for the right of hunting on the ceded territory,
with the other usual privileges of occupancy, until required to remove
by the President of the United States, and that the laws of the United
States shall be continued in force, in respect to their trade and inter¬
course with the whites, until otherwise ordered by Congress.

Article III.

It is agreed by the parties to this treaty, that whenever the Indians
shall be required to remove from the ceded district, all the unceded
lands belonging to the Indians of Fond du Lac, Sandy Lake, and
Mississippi bands, shall be the common property and home of all the
Indians, party to this treaty.

Article IV.

In consideration of the foregoing cession, the United States, engage
to pay to the Chippewa Indians of the Mississippi, and Lake Superior,
annually, for twenty-five years, twelve thousand five hundred (12,500)
dollars, in specie, ten thousand five hundred (10,500) dollars in goods,
two thousand (2,000) dollars in provisions and tobacco, two thousand
(2,000) dollars for the support of two blacksmiths shops, (including
pay of smiths and assistants, and iron steel &c.) one thousand (1,000)
dollars for pay of two farmers, twelve hundred (1,200) for pay of two
carpenters, and two thousand (2,000) dollars for the support of schools
for the Indians party to this treaty; and further the United States
engage to pay the sum of five thousand (5,000) dollars as an agricul¬
tural fund, to be expended under the direction of the Secretary of War.
And also the sum of seventy-five thousand (75,000) dollars, shall be
allowed for the full satisfaction of their debts within the ceded district,
which shall be examined by the commissioner to this treaty, and the
amount to be allowed decided upon by him, which shall appear in a
schedule hereunto annexed. The United States shall pay the amount
so allowed within three years.

Whereas the Indians have expressed a strong desire to have some
provision made for their half breed relatives, therefore it is agreed,
that fifteen thousand (15,000) dollars shall be paid to said Indians,
next year, as a present, to be disposed of, as they, together with their
agent, shall determine in council.

Article V.

Whereas the whole country between Lake Superior and the Missis¬
sippi, has always been understood as belonging in common to the Chip-
pewas, party to this treaty; and whereas the bands bordering on Lake
Superior, have not been allowed to participate in the annuity payments
of the treaty made with the Chippewas of the Mississippi, at St. Peters
July 29th 1837, and whereas all the unceded lands belonging to the
aforesaid Indians, are hereafter to be held in common, therefore, to
remove all occasion for jealousy and discontent, it is agreed that all
the annuity due bi^ the said treaty, as also the annuity due by the
present treaty, shall henceforth be equally divided among the Chippe¬
was of the Mississippi and Lake Superior, party to this treaty, so that
every person shall receive an equal share.

Article VI.

The Indians residing on the Mineral district, shall be subject to
removal therefrom at the pleasure of the President of the United
States.

TEEATY WITH THE CHIPPEWA, 1842.
Article VII.

403

This treaty shall be obligatory upon the contracting parties, when raSfiefatory when
ratified by the President and Senate of the United States.

Schedule of claims examined and allowed by Robert Stuart, commissioner, under the treaty Schedule of debts
with the Chippewa Indians of the Mississippi and, Lake Superior, concluded at La Pointe, oi Indians t0 be Paid-
October 4th 1812, setting forth the names of claimants, and their proportion of allowance
of the seventy-five thousand dollars provided in the fourth article of the aforesaid treaty,
for the full satisfaction of their debts, as follows:

NO;Of!

Name of claimant.

Edward F. Ely .

Z. Platt., esq., ‘attorney for George Berkett.

Cleveland North Lake Co .

Abraham W. Williams .

William Brewster .

This claim to be paid as follows, viz:

AVilliam Brewster, or order .

Charles W.Borup, or order . .

Proportion
of $75,000, set
apart in
4th article of
treaty.

$50 80
484 67
1,485 67
75 03
2,052 67

$2,052 67

George Copway . . : ~

John Kahbege .

Alixes Carpantier .

John W. Bell . ...!!.! .

Antoine Picard .

Michael Brisette .

Francois Dejaddon .

Pierre C. Duvernay .

Jean Bts.Bazinet .

John Hotley .

Francois Charette .

Clement H. Beaulieu, agent for the estate of Bazil Beaulieu, dec’d .

Francois St. Jean and George Bonga .

Louis Ladebauche .

Peter Crebassa .

B. T. Kavanaugh .

Augustin Goslin .

American Fur Company .

This claim to be paid* as follows, viz:

American Fur Company _ . . 12, 565 10

Charles W.Borup . . 800 20

61 67
57 55
28 58
186 16
6 46
182 42
301 48
1,101 00
325 46
69 00
234 92
596 84
366 84
322 52
499 27
516 82

$13,365 30

William A. Aitken . . . . . . .71 . 17.

James P. Scott . . . . .

Augustin Bellanger .

Louis Corbin .

Alexes Corbin .

George Johnston .

Z. Platt, esq., attorney for SamT Ashman .

Z. Platt, esq., attorney for Wm. Johnson .

Z. Platt, esq., attorney for estate of Dan’l Dingley .

Lyman M. Warren .

Estate of Michael Cadotte, disaUnwed.

Z. Platt, esq., attorney for estate of E. Roussain .

Joseph Dufault . .

Z. Platt, esq., attorney for Antoine Mace .

Michael Cadotte .

Z. Platt, esq., att’y for Francois Gauthier .

Z. Platt, esq., att’y for Joseph Gauthier .

Z. Platt, esq., attorney for J. B. Uoulle .

Jean Bts. Corbin .

John Hulbert .

Jean Bts. Couvellion .

Nicholas Da Couteau, withdrawn.

Pierre Cotte . . - . .- . . .

W. H. Brockway and Henry Holt, executors to the estate of John Holiday, dec’d.

John Jacob Astor .

This claim to be paid as follows, viz:

Charles W. Borup .

Z. Platt, esq . . . ..........

John Jacob Astor .

1,676 90
2, 621 80
23, 696 28

$27,994

Z. Platt, esq., attorney for Thos. Connor .

Charles H. Oakes . . . .

Z. Platt, esq., attorney for Wm. Morrison .

Z. Platt, esq., att’y for Isaac Butterfield .

J. B. Yan Rensselaer . - . - .

William Brewster and James W. Abbot .

The parties to this claim request no payment be made to either without
their joint consent, or until a decision of the case be had, in a court of
justice.

William Bell .

935 67
73 41
192 35
12 57
596 03
35 24
1,771 63
390 27
1,991 62
1,566 65

959 13
144 32
170 35
205 60
167 05
614 30
64 78
531 50
209 18
18 80

732 50
3,157 10
27,994 98

1, 118 60
4,309 21
1, 074 70
1,275 56
62 00
2,067 10

404

TEE AT Y WITH THE SAUK AND FOXES, 1842.

Oct. 11, 1842.

7 Stat.,596.
Proclamation, Mar.
23,1843.

Landsceded to Unit¬
ed States.

Payment by United
States for cession.

Lands to be assigned
to Indians for perma¬
nent residence.

Blacksmiths’ and
gunsmiths’ shops, etc.

TREATY WITH THE SAUK AND POXES, 1842.

Articles of a treaty made and concluded at the agency of the Sac and
Fox Indians in the Territory of Iowa , between the United States of
America , by John Chambers their commissioner thereto specially
authorized by the President , and the confederated tribes of Sac and
Fox hdians represented by their chiefs , headmen and braves:

Article I.

The confederated tribes of Sacs and Foxes cede to the United States,
forever, all the lands west of the Mississippi river, to which they have
any claim or title, or in which they have any interest whatever; reserv¬
ing a right to occupy for the term of three years from the time of
signing this treaty, all that part of the land hereby ceded which lies
west of a line running due north and south from the painted or red
rocks on the White Breast fork of the Des Moines river, which rocks
will be found about eight miles, when reduced to a straight line, from
the junction of the White Breast with the Des Moines.

Article II.

In consideration of the cession contained in the preceding article,
the United States agree to pay annually to the Sacs and Foxes, an
interest of five per centum upon the sum of eight hundred thousand
dollars, and to pay their debts mentioned in the schedule annexed to
and made part of this treaty, amounting to the sum of two hundred
and fifty -eight thousand, five hundred and sixty-six dollars and thirty -
four cents; and the United States also agree,

First. That the President will as soon after this treaty is ratified on
their part as may be convenient, assign a tract of land suitable and
convenient for Indian purposes, to the Sacs and Foxes for a perma¬
nent and perpetual residence for them and their descendants, which
tract of land shall be upon the Missouri river, or some of its waters.

Second. That the United States will cause the blacksmiths and gun¬
smiths’ tools, with the stock of iron and steel on hand at the present
agency of the Sacs and Foxes, to be removed, as soon after their
removal as convenient, to some suitable point at or near their resi¬
dences west of the north and south line mentioned in the first article
of this treaty; and will establish and maintain two blacksmiths and
two gunsmiths’ shops convenient to their agency, and will employ two
blacksmiths, with necessary assistance, and two gunsmiths to carry on
the said shops for the benefit of the Sacs and Foxes; one blacksmiths
and one gunsmiths’ shop to be employed exclusively for the Sacs, and
one of each to be employed exclusively for the Foxes, and all expenses
attending the removal of the tools, iron and steel, and the erection of
new shops, and the purchase of iron and steel, and the support and
maintenance of the shops, and wages of the smiths and their assistants,
are to be paid by the tribe, except such portion thereof as they are
now entitled to have paid by the United States, under the 4th article
of the treaty made with them on the 4th of August 1824, and the
4th article of the treaty of the 21st of September 1832. And when
the said tribes shall remove to the land to be assigned them by the
President of the United States, under the provisions of this treaty,
the smiths’ shops above stipulated for shall be re-established and main¬
tained at their new residence, upon the same terms and conditions as
are above provided for their removal and establishment west of the
north and south line mentioned in the first article of this treaty.

405

TREATY WITH THE SAUK AND FOXES, 1842.

Third. That the President of the United States will as soon as con- Boundary to be run
Yenient after the ratification of this treaty, appoint a commissioner for andmarked-
the purpose, and cause a line to be run north from the painted or red
rocks on the W hite Breast, to the southern boundary of the neutral
ground, and south from the said rocks to the northern boundary of
Missouri; and will have the said lines so marked and designated, that
the Indians and white people may know the boundary which is to sep¬
arate their possessions.

Article III.

The Sacs and Foxes agree that they will remove to the west side of RemovalofIndians-
the line running north and south from the painted or red rocks on the
White Breast, on or before the first of May next, and that so soon
after the President shall have assigned them a residence upon the
waters of the Missouri, as their chiefs shall consent to do so, the tribe
will remove to the land so assigned them; and that if they do not
remove before the expiration of the term of three years, they will then
remove at their own expense; and the United States agree, that when¬
ever the chiefs shall give notice to the Commissioner of Indian
Affairs of the time at which they will commence their removal to
the land to be assigned them by the President, a quantity of pro- movai?sl°ns for re~
visions sufficient for their subsistence while removing, shall be fur¬
nished them at their agency, and an additional quantity, not exceed¬
ing one years supply shall be delivered to them upon their arrival
upon the lands assigned them; the cost and expenses of which sup¬
plies shall be retained out of any money payable to them by the
United States.

Article IY.

It is agreed that each of the principal chiefs of the Sacs and Foxes, toErtpkpririfr?nal chief
shall hereafter receive the sum of five hundred dollars annually, out ally. ve amm~
of the annuities paj^able to the tribe, to be used and expended by
them for such purposes as they may think proper, with the appro¬
bation of their agent.

Article V.

It is further agreed that there shall be a fund amounting to thirty attach ta>mmliainae<i
thousand dollars retained at each annual payment to the Sacs and ment. pay

Foxes, in the hands of the agent appointed by the President for their
tribe, to be expended by the chiefs, with the approbation of the agent,
for national and charitable purposes among their people; such as the
support of their poor, burying their dead, employing physicians for edHow t0 he expend~
the sick, procuring provisions for their people in cases of necessity,
and such other purposes of general utility as the chiefs may think
proper, and the agent approve. And if at any payment of the annu¬
ities of the tribe, a balance of the fund so retained from the preced¬
ing year shall remain unexpended, only so much shall be retained in
addition as will make up the sum of thirty thousand dollars.

Article VI.

It is further agreed that the Sacs and Foxes may, at any time, with
the consent of the President of the United States, direct the applica¬
tion of any portion of the annuities payable to them, under this or
any former treaty, to the purchase of goods or provisions, or to agri¬
cultural purposes, or anjT other object tending to their improvement,
or calculated to increase the comfort and happiness of their people.

406 TREATY WITH THE SAUK AND FOXES, 1842.

Article VII.

agricultural purposed The United States agree, that the unexpended balance of the fund
created by the seventh paragraph of the second article of the treaty of
the twenty-first of October, 1837, for agricultural purposes, or so much
thereof as ma}^ be necessary, shall be used and employed in the culti¬
vation of the pattern farm near the present Sac and Fox agency, in the
year 1843, for the exclusive use and benefit of the tribe. And they
further agree, that such portion of the fund for erecting mills, and
supporting millers, specified in the fourth paragraph of the second
article of the aforesaid treaty of October 21st, 1837, as may be and
remain unexpended on the 1st day of May next, shall be transferred
to and made part of the sum designated in the fifth paragraph (as
amended) of the article and treaty above named, for breaking up land
and other beneficial objects, and become thereafter applicable to the
same purposes, as were in the said fifth paragraph, originally intended.

Article VIII.

CMefwa-pei-io^to^be The Sacs and Foxes have caused the remains of their late distin-
buried, etc. guished chief Wa-pel-lo to be buried at their agency, near the grave of

their late friend and agent General Joseph M. Street, and have put
into the hands of their agent the sum of one hundred dollars to pro¬
cure a tombstone to be erected over his grave, similar to that which
has been erected over the grave of General Street; and because they
wish the graves of their friend and their chief to remain in the pos¬
session of the family of General Street, to whom they were indebted
in his life-time for many acts of kindness, they wish to give to his
widow Mrs. Eliza M. Street one section of land to include the said
graves, and the agency-house and enclosures around and near it; and
as the agency house was built at the expense of the United States, the
Sacs and Foxes agree to pay them the sum of one thousand dollars the
value of said building, assessed by gentlemen appointed by them, and
Governor Chambers commissioner on the part of the United States,
to be deducted from the first annuity payable to them under the pro-
EPMenLlVfOTC640 visions of this treaty. And the United States agree to grant to the
acresj c said Eliza M. Street by one or more patents, six hundred and forty

acres of land in such legal subdivisions, as will include the said burial
ground, the agency house, and improvements around, and near it, in
good and convenient form, to be selected by the said E. M. Street or
her duly authorized agent.

Article IX.

rhmSmeinAing ^ is finaHy agreed that this treaty shall be binding on the two con¬
tracting parties, so soon as it shall have been ratified by the President
Proviso. and Senate of the United States: Provided always , That should the

Senate disagree to and reject, alter or amend any portion or stipula¬
tion thereof, the same must be again submitted to the Sacs and Foxes,
and assented to by them, before it shall be considered valid and obliga¬
tory upon them, and if they disagree to such alteration or amendment,
the treaty shall be returned to the Senate for ratification or rejection,
in the form in which it was signed.

TREATY WITH THE CREEKS ANT) SEMINOLE, 1845.

407

Schedule of debts due from the confederated tribes of the Sac and Fox
Indians to be paid by the United States under the provisions of a
treaty made and concluded at the Sac and Fox agency in the Terri¬
tory of Iowa on the eleventh day of October in the year 181$; to which
this schedule is annexed as apart thereof

Name of claimant.

Pierre Chouteau, jr. & Co .

W. G. & G. W. Erving .

J. P. Eddy & Co .

Thomas Charlton .

R. B. Willoughby .

Francis Withington .

Jesse B. Webber .

J. C. Wear . ...

W. C. Cameron, assignee of A. M. Bissel

(bankrupt) .

David Bailey .

Thomas W. Bradley .

John J. Grimes .

William Settles .

John S. David .

F. Hancock .

C. G. Pel ton .

J. Tolman .

J. L. Burtiss .

Isaac A. Lefevre .

Jeremiah Smith, jr .

William & Sampson Smith .

John Koontz .

Robert Moffet .

Antoine Leclair .

Margaret Price .

Jesse Sutton .

Jefferson Jordon .

Jeremiah Wayland .

Robert Brown, assignee of Cutting & Gordon .

William Rowland .

Edward Kilbourne .

Perry & Best .

P. Chouteau, jr. & Co .

Job Carter .

Francis Bosseron .

James Jordon .

Sampson Smith .

Louis Laplant .

William Phelps .

William B. Street .

Julia Ann Goodell .

George L. Davenport .

G. C. R. Mitchell .

David Noggle .

Place of residence.

St. Louis, Missouri, licensed traders.
Indiana, do do

Ioway, do do

Van Buren c’ty, Ioway .

Do do .

Lincoln county, Missouri .

Burlington, Ioway .

Jefferson county, Ioway .

Burlington .

Lincoln c’ty, Missouri .

Ioway .

Lincoln c’ty, Missouri .

Do do .

Burlington, Ioway .

Van Buren, do .

Burlington, do .

Van Buren, do .

Lee county, do .

Van Buren, do .

Burlington, do .

Jefferson county, do .

New Lexington, Ioway .

Davenport, do .

Lee county, do .

Van Buren, do .

Do do .

St. Francisville, Missouri .

Van Buren c’ty, Ioway . . .

Do do .

Lee county, do .

Do .

St. Louis, Missouri .

Van Buren c’ty .

St. Louis, Mo .

Van Buren, Ioway .

do .

Ioway .

Clark county, Missouri .

Ioway .

Do .

Davenport, Ioway .

Do do .

Van Buren do .

Amount,

Amount.

$112, 109 47
66,371 83
52, 332 78
76 69

25 00
4, 212 58

116 60
50 00

283 14
75 00
20 00
625 00
320 00
20 00
20 00
34 00
115 00
715 00
348 00
4,000 00
60 00
6 50
129 63
1,375 00
9 00
22 00
175 00
15 00
73 25
460 32
10,411 80
22 75

26 00
. 28 00

26 00
1, 775 00
54 00
122 00
310 00
300 00
855 00
320 00
100 00
20 00

John Chambers,

Commissioner on the part of the U. S.

Alfred Hebard,

Arthur Bridgman,

Commissioners appointed by the commission on the part of the U. S: for
examining and adjusting claims.

TREATY WITH THE CREEKS AND SEMINOLE, 1845.

Articles of a treaty made by William Armstrong , P. M. Butler , James
Logan , and Thomas L. Judge, commissioners in behalf of the United
States, of the first part; the Creek tribe of Indians, of the second;
and the Seminole tribe of Indians, of the third part.

Whereas it was stipulated, in the fourth article of the Creek treaty
of 1833, that the Seminoles should thenceforward be considered a con¬
stituent part of the Creek nation, and that a permanent and com¬
fortable home should be secured for them on the lands set apart in
said treaty as the country of the Creeks; and whereas many of the
Seminoles have settled and are now living in the Creek country, while
others, constituting a large portion of the tribe, have refused to make
their homes in any part thereof, assigning as a reason that they are

Schedule of debts of
Indians to be paid.

Jan. 4, 1845. '

9 Stat., 821.
Proclamation, July
18, 1845.

Preamble.

408

TREATY WITH THE CREEKS AND SEMINOLE, 1845.

The Semin oles to
settle in any part of
the Creek country.
To be subject general¬
ly to the Creek coun¬
cil. No distincti on
between them except
in pecuniary affairs.

Seminoles who have
not removed to Creek
country to do so im¬
mediately.

Certain contested
cases concerning the
right of property to be
subject to the decision
of the President.

Additional annuity
of $3,000 for education
allowed the Creeks for
twenty years.

Education fund, an¬
nuities, etc., of the
Creeks to be expend¬
ed in their own coun¬
try in support of cer¬
tain schools.

unwilling to submit to Creek laws and government, and that they are
apprehensive of being deprived, by the Creek authorities, of their
property ; and whereas repeated complaints have been made to the
United States government, that those of the Seminoles who refused to
go into the Creek country have, without authority or right, settled
upon lands secured to other tribes, and that they have committed
numerous and extensive depredations upon the property of those upon
whose lands they have intruded:

Now, therefore, in order to reconcile all difficulties respecting loca¬
tion and jurisdiction, to settle all disputed questions which have arisen,
or may hereafter arise, in regard to rights of property, and especially
to preserve the peace of the frontier, seriously endangered by the
restless and warlike spirit of the intruding Seminoles, the parties to
this treaty have agreed to the following stipulations:

Article 1.

The Creeks agree that the Seminoles shall be entitled to settle in a
body or separately, as they please, in any part of the Creek country;
that they shall make their own town regulations, subject, however, to
the general control of the Creek council, in which they shall be repre¬
sented; and, in short, that no distinctions shall be made between the
two tribes in any respect, except in the management of their pecuniary
affairs, in which neither shall interfere with the other.

Article 2.

The Seminoles agree that those of their tribe who have not done so
before the ratification of this treaty, shall, immediately thereafter,
remove to and permanently settle in the Creek country.

Article 3.

It is mutually agreed by the Creeks and Seminoles, that all con¬
tested cases between the two tribes, concerning the right of property,
growing out of sales or transactions that may have occurred previous
to the ratification of this treaty, shall be subject to the decision of the
President of the United States.

Article 4.

The Creeks being greatly dissatisfied with the manner in which their
boundaries were adjusted by the treaty of 1838, which they say they
did not understand until after its execution, and it appearing that in
said treaty no addition was made to their country for the use of the
Seminoles, but that, on the contrary, they were deprived, without
adequate compensation, of a considerable extent of valuable territory:
And, moreover, the Seminoles, since the Creeks first agreed to .receive
them, having been engaged in a protracted and bloody contest, which
has naturally engendered feelings and habits calculated to make them
troublesome neighbors: The United States in consideration of these
circumstances, agree that an additional annuity, of three thousand
dollars for purposes of education shall be allowed for the term of
twenty years; that the annuity of three thousand dollars provided in
the treat}^ of 1832 for like purposes shall be continued until the deter¬
mination of the additional annuity above mentioned. It is further
agreed that all the education funds of the Creeks, including the annui¬
ties above named, the annual allowance of one thousand dollars, pro¬
vided in the treaty of 1833, and also all balances of appropriations for
education annuities that may be due from the United States, shall be
expended under the direction of President of the United States, for
the purpose of education aforesaid.

TREATY WITH KANSAS TRIBE, 1846.
Article 5.

409

The Seminoles having expressed a desire to settle in a body on Little
Liver, some distance westward of the present residence of the greater
portion of them, it is agreed that rations shall be issued to such as
may remove while on their way to their new homes; and that, after
their emigration is completed, the whole tribe shall be subsisted for
six months, due notice to be given that those who do not come into
the Creek country before the issues commence shall be excluded.
And it is distinctly understood that all those Seminoles who refuse to
remove to, and settle in, the Creek Country, within six months after
this treaty is ratified, shall not participate in any of the benefits it
provides: Except those now in Florida, who shall be allowed twelve
months from the date of the ratification of this treaty for their
removal.

Article 6.

Rations to be issued
to such Seminoles as
remove during re¬
moval, and the whole
tribe to be subsisted
for six months after
emigration.

Those refusing to re¬
move in six months
after ratification of
this treaty not to par¬
ticipate in its benefits.

The sum of fifteen thousand four hundred dollars, provided in the The sum of «imoo
second article of the treaty of Payne’s Landing, shall be paid in the trTafyV Vy n e
manner therein pointed out, immediately after the emigration of those Soo^Vid^foMn
Seminoles who may remove to the Creek country is completed; also, sa,id treaty, when to
as soon after such emigration as practicable, the annuity of three thou- be paid'
sand dollars for fifteen years, provided in the fourth article of said
treaty, and, in addition thereto, for the same period, two thousand
dollars per annum in goods suited to their wants, to be equally divided
among all the members of the tribe.

Article 7.

In full satisfaction and discharge of all claims for property left or Ave’^ear^to11 be^ur-
abandoned in Florida at the request of the officers of the United States, nishedeinagricuiturai
under promise of remuneration, one thousand dollars per annum, in imPlements-
agricultural implements, shall be furnished the Seminoles for five
years.

Article 8.

To avoid all danger of encroachment, on the part of either Creeks wJst|rn°bouTdard
or Seminoles, upon the territory of other nations, the northern and fin! of\e°creekfrto
western boundary lines of the Creek country shall be plainly and dis- be marked-
tinctly marked.

TREATY WITH KANSAS TRIBE, 1846.

Articles of a treaty made and concluded at the Methodist Mission , in Jan u, 1846.
the Kansas country , between Thomas II. Harvey and Richard W. ATstat., 842.
Cummins , commissioners of the United States , and the Kansas tribe AprOIi3eii846f Senate
of Indians. i5Pi846amation’ Apr'

Article 1. The Kansas tribe of Indians cede to the United States united1 states*1 to the
two millions of acres of land on the east part of their country, embrac¬
ing the entire width, thirty miles, and running west for quantity.

Article 2. In consideration of the foregoing cession, the United th|uu^i£db!^^
States agree to pay to the Kansas Indians two hundred and two thou- the cession oAlncb;
sand dollars, two hundred thousand of which shall be funded at five ^«w disposed of.
per cent., the interest of which to be paid annually for thirty years,
and thereafter to be diminished and paid pro rata , should their num¬
bers decrease, but not otherwise — that is: the Government of the
United States shall pay them the full interest for thirty years on the
amount funded, and at the end of that time, should the Kansas tribe

410

TREATY WITH KANSAS TRIBE, 1846.

Educational.

Agricultural.

Methodist Episcopal
Church.

Provisions.

West line of land
ceded by this treaty
to be ascertained and
marked.

To move from lands
ceded by May 1, 1847.

The President, on
being satisfied that
there is not a suffi¬
ciency of timber on
lands remaining to
the Kansas, to select
and lay off a suitable
country, etc.

Additional cession
by the Kansas.

A subagent to reside
among them.

Provisions for a
smith.

be less than at the first payment, they are only to receive pro rata the
sums paid them at the first annuity payment. One thousand dollars
of the interest thus accruing shall be applied annually to the purposes
of education in their own country; one thousand dollars annually for
agricultural assistance, implements, &c. ; but should the Kansas Indians
at any time be so far advanced in agriculture as to render the expendi¬
ture for agricultural assistance unnecessary, then the one thousand
dollars above provided for that purpose shall be paid them in money
with the balance of their annuity; the balance, eight thousand dollars,
shall be paid them annually in their own country. The two thousand
dollars not to be funded shall be expended in the following manner:
first, the necessary expenses in negotiating this treaty; second, four
hundred dollars shall be paid to the Missionary Society of the Meth¬
odist Episcopal Church for their improvements on the land ceded in
the first article; third, six hundred dollars shall be applied to the erec¬
tion of a mill in the country in which the Kansas shall settle for their
use, it being in consideration of their mill on the land ceded in the
first article. The balance to be placed in the hands of their agent, as
soon after .the ratification of this treaty as practicable, for the purpose
of furnishing the said Kansas Indians with provisions for the present
year.

Article 3. In order that the Kansas Indians may know the west
line of the land which they have ceded by this treaty, it is agreed that
the United States shall, as soon as may be convenient in the present
year, cause the said line to be ascertained and marked by competent
surveyors.

Article 4. The Kansas Indians are to move from the lands ceded
to the United States, bv the first article of this treaty, bv the first dav
of May, 1847. ‘ J

Article 5. As doubts exist whether there is a sufficienc}7- of timber
on the land remaining to the Kansas, after taking off the land ceded in
the first article of this treaty, it is agreed by the contracting parties,
that after the western line of the said cession shall be ascertained,
[and] the President of the United States shall be satisfied that there is
not a sufficiency of timber, he shall cause to be selected and laid off
for the Kansas a suitable country, near the western boundary of the
land ceded by this treaty, which shall remain for their use forever.
In consideration of which, the Kansas nation cede to the United States
the balance of the reservation under the treaty of June 3, 1825, and
not ceded in the first article of this treaty.

A.rticle 6. In consideration of the great distance which the Kansas
Indians will be removed from the white settlements and their present
agent, and their exposure to difficulties with other Indian tribes, it is
agreed that the United States shall cause to reside among the Kansas
Indians a sub-agent, who shall be especially charged with the direction
of their farming operations, and general improvement, and to be con¬
tinued as long as the President of the United States should consider it
advantageous to the Kansas.

Article 7. Should the Government of the United States be of opin¬
ion that the Kansas Indians are not entitled to a smith under the fourth
article of the treaty of June 3, 1825, it is agreed that a smith shall be
supported out of the one thousand dollars provided in the fourth arti¬
cle for agricultural purposes.

TREATY WITH THE COMANCHE, AIONAI, ETC., 1846.

411

TREATY WITH THE COMANCHE, AIONAI, ANADARKO, CADDO,
ETC., 1846.

Treaty with the Comanches and other tribes. Articles of a treaty made
amd concluded at Council Springs , in the county of Robinson, Texas ,
near the Brazos Rimer , this 15th day of May , A. D. 184,6, between
P. M. Butler and M. G. Lewis, commissioners on the part of the
United States, of the one part, and the undersigned chief s, counsel¬
lors, and warriors of the Comanche, I-on-i, Ana-da-ca, Cadoe, Lepan ,
Long-wha , Keechy, Tah-wa-carro , Wi-chita , and Wacoe tribes of
Indians, and their associate bands, in behalf of their said tribes, on
the other part.

Article 1. The undersigned chiefs, warriors, and counsellors, for
themselves and their said tribes or nations, do hereby acknowledge
themselves to be under the protection of the United States, and of no
other power, state, or sovereignty whatever.

Article 2. It is stipulated and agreed by the said tribes or nations,
and their associate bands, that the United States shall have the sole
and exclusive right of regulating trade and intercourse with them, and
they do hereby respectively engage to afford protection to such per¬
sons, with their property, as shall be duly licensed to reside among
them for the purpose of trade and intercourse, and to their agents and
servants, but no person shall be permitted to reside among them as a
trader who is not furnished with a license for that purpose, under the
hand and seal of the superintendent to be appointed by the President
of the United States or such other person as the President shall
authorize to grant such licenses, to the end that said Indians may not
be imposed on in their trade; and if any licensed trader shall abuse his
privilege by unfair dealing, upon complaint b}^ the chiefs to their
agents and proof thereof, his license shall be taken from him, and he
shall be further punished according to the laws of the United States;
and if any person shall intrude himself as a trader without such license,
upon complaint he shall be dealt with according to law.

Article 3. [Stricken out.]

Article 4. The said tribes and their associate bands agree to deliver,
by the first day of November next, to the superintendent of Indian
affairs to be appointed by the President, at such place as he may
direct, due notice of which shall be given to the said tribes, all white
persons and negroes who are now prisoners among any of the said
tribes or nations, for which the United States agree to make them a
fair compensation; and the United States further agree to make [that]
all the prisoners taken from said tribes by Texas or the United States,
shall be delivered up to the said tribes, at the same time and place,
without charge. And when any member of any of said tribes or
nations, and their associate bands, having in his possession an Ameri¬
can prisoner or prisoners, white or black, shall refuse to give them up,
the President of the United States shall have the privilege of sending
among said tribes or nations such force as he may think necessary to
take them; and the chiefs of the nations or tribes, parties to this
treaty, pledge themselves to give protection and assistance to such
persons as may be sent among them for this purpose.

Article 5. [Stricken out.]

Article 6. The said tribes and their associate bands pledge them-
‘ selves to give notice to the agent of the United States residing near
them of any designs which they may know or suspect to [be] formed
in any neighboring tribe, or by any person whatever, against the peace
and interests of the United States.

May 15, 1846.

9 Stat. , 844.
Proclamation, Mar.
8, 1847.

Said tribes or na¬
tions to be under the
sole protection of the
United States.

United States to
have the sole and ex¬
clusive right to regu¬
late trade and inter¬
course with said
tribes.

No person to reside
among them as a
trader who is not fur¬
nished with a license
for that purpose.

Unfair dealing;
how punished.

All white persons
and negroes now pris¬
oners with said In¬
dians to be delivered
up.

Persons taken from
said tribes by Texas
to be delivered up.

Force may be used.

The said tribes to
give notice of any de¬
signs against the peace
and interest of the
United States.

412

TREATY WITH THE COMANCHE, AIONAI, ETC., 1846.

murderer robbery to Article 7. It is agreed that, if any Indian or Indians shall com¬
be delivered up. ‘ mit a murder or robbery on any citizen of the U nited States, the tribe
or nation to which the offender belongs shall deliver up the person or
persons so complained of, on complaint being made to their chief, to
the nearest post of the United States, to the end that he or they may
be tried, and, if found guilty, punished, according to the law of the
edCistates°f miit^of State or Territory where such offence may have been committed. In
murder or robbery to like manner, if any subject or citizen of the United States shall commit
lug to iaw.ed accord" murder or robbery on any Indian or Indians of the said tribes or
nations, upon complaint thereof to the agent residing near them, he or
they shall be arrested, tried, and punished according to the law of the
State or Territory where such offence may have been committed.

Horse stealing. Article 8. The practice of stealing horses has prevailed very much

to the great disquiet of the citizens of the United States, and, if per¬
sisted in, cannot fail to involve both the United States and the Indians
in endless strife. It is therefore agreed that it shall be put an entire
How punished. stop to on both sides. .Nevertheless, should bad men, in defiance of
this agreement, continue to make depredations of that nature, the per¬
son convicted thereof shall be punished with the utmost severity, accord¬
ing to the laws of the State or Territory where the offence may have
aii stolen horses to been committed; and all horses so stolen, either by the Indians from
the citizens of the United States or by the citizens of the United States
from any of the said tribes or nations, into whose possession soever
they may have passed, upon due proof of rightful ownership, shall be
restored; and the chiefs of said tribes or nations shall give all necessary
aid and protection to citizens of the United States in reclaiming and
recovering such stolen horses; and the civil magistrates of the United
States, respectively, shall give all necessary aid and protection to
Indians in claiming and recovering such stolen horses,
a encies^and^posts Article 9. For the protection of said Indians and for the purpose
related on the of carrying out the stipulations of this treaty more effectuall}7 , the
borders. President shall, at his discretion, locate upon their borders trading-

houses, agencies, and posts. In consideration of the friendly disposi-
• tion of said tribes, evidenced by the stipulations in the present treaty,
the commissioners of the United States, in behalf of the said States,
agree to give to the said tribes or nations goods, as presents, at this
time, and agree to give presents in goods to them, to the amount of
ten thousand dollars, at such time as the President of the United States
may think proper, at the Council Springs, on the Brazos, where this
council is now held, or at some other point to be designated, and of
which due notice shall be given to said tribes,
perpetual peace be- Article 10. The said tribes or nations and their associate bands are
sYates and^said^ribes! now, and forever agree to remain, at peace with the United States.

All animosities for past offences are hereby mutually forgiven and for¬
gotten, and the parties to this treaty pledge themselves to carry it
into full execution, in good faith and sincerity,
said tribes to remain Article 11. And the said tribes and their associate bands are now,
mindly tothe^nited and agree to remain, friendly with such tribes as are now at peace with
States- the U nited States, residing upon the waters of the Arkansas, Missouri,

and Red Rivers.

penalty for the in- Article 12. If any person or persons shall introduce ardent spirits
spirits oHn toxicatfng or intoxicating liquors of any kind among said tribes or nations, such
Uountr in t0 the Indian person or person [persons] shall be punished according to the laws of
the United States, and the said tribes or nations agree to give immediate
notice to the agent of the United States residing near them, and to
prevent by any means in their power the violation of this article of
treaty.

Blacksmiths to be Article 13. It is further agreed that blacksmiths shall be sent to
said tribes?1^6 among reside among the said tribes or nations, to keep their guns and farming-
utensils in order, as long and in such manner as the President may

413

TREATY WITH POTAWATOMI NATION, 1846.

think proper. It is farther agreed that school-teachers, at the discre- schooi-teacherstobe
tion of the President, shall be sent among the said tribes or nations and preadiers of the
for the purpose of instructing them; and the said tribes or nations SS.’S'C
agree that preachers of the gospel may travel or reside among them
by permission of the President or his agents to be appointed, and that
ample protection shall be afforded them in the discharge of their duties.

Article 14. The said tribes or nations, parties to this treaty, are hi^exertioi^to*0 re6
anxious to be at peace with all other tribes or nations, and it is agreed serve peace between
that the President shall use his exertions, in such manner as he may other SdilnatribesaU
think proper, to preserve friendly relations between the different
tribes or nations parties to this treaty, and all other tribes of Indians
under his jurisdiction.

TREATY WITH POTAWATOMI NATION, 1846.

Whereas the various bands of the Pottowautomie Indians, known as June 5 and n, 1846.
the Chippewas, Ottawas, and Pottowautomies, the Pottowautomies of 9 stat., 853.
the Prairie, the Pottowautomies of the Wabash, and the Pottowauto- Senate’

mies of Indiana, have, subsequent to the year 1828, entered into sepa- 23Pjs!l^ation’ July
rate and distinct treaties with the United States, by which they have Preamble,
been separated and located in different countries, and difficulties have
arisen as to the proper distribution of the stipulations under various
treaties, and being the same people by kindred, by feeling, and by
language, and having, in former periods, lived on and owned their
lands in common; and being desirous to unite in one common country,
and again become one people, and receive their annuities and other
benefits in common, and to abolish all minor distinctions of bands by
which they have heretofore been divided, and are anxious to be known
only as the Pottowautomie Nation, thereby reinstating the national
character; and

Whereas the United States are also anxious to restore and concen¬
trate said tribes to a state so desirable and necessary for the happiness
of their people, as well as to enable the Government to arrange and
manage its intercourse with them:

Now, therefore, the United States and the said Indians do hereby
agree that said people shall hereafter be known as a nation, to be
called the Pottowautomie Nation; and to the following

Articles of a treaty made and concluded at the Agency on the Missouri
River , near Council Bluffs , on the fifth day of June , and at Potta¬
watomie Creek , near the Osage River , south and west of the State of
Missouri , on the seventeenth day of the same month , in the year of
our Lord one thousand eight hundred mid forty-six , between T. P.

Andrews , Thomas II. Harvey, and Gideon C. Matlock , commission¬
ers on the part of the United States , on the one part , and the various
bands of the Pottowautomie , Chippewas , and Ottowas Indians on the
other part:

Article 1. It is solemnly agreed that the peace and friendship which Co£?mSefS-
so happily exist between the people of the United States and the Pot- ever,
towautomie Indians shall continue forever; the said tribes of Indians
giving assurance, hereby, of fidelity and friendship to the Govern¬
ment and people of the United States; and the United States giving,
at the same time, promise of all proper care and parental protection.

Article 2. The said tribes of Indians hereby agree to sell and cede,
and do hereby sell and cede, to the United States, all the lands to which states,
they have claim of any kind whatsoever, and especially the tracts or
parcels of lands ceded to them by the treaty of Chicago, and subse¬
quent thereto, and now, in whole or in part, possessed by their people,

414

TEEATY WITH POTAWATOMI NATION, 1846.

lying and being north of the river Missouri, and embraced in the
limits of the Territory of Iowa; and also all that tract of country lying
and being on or near the Osage River, and west of the State of Mis-
toTaffeet titie°ofS saw souri; it being understood that these cessions are not to affect the title
Indians to former of said Indians to any grants or reservations made to them by former

grants and reserva- , , . v °

ttons.- treaties.

aidnbide the° united Article 3. In consideration of the foregoing cessions or sales of
States for cession. ec land to the United States, it is agreed to pay to said tribes of Indians
the sum of eight hundred and fifty thousand dollars, subject to the
conditions, deductions, and liabilities provided for in the subsequent
articles of this treaty.

Grant by the united Article 4. The United States agree to grant to the said united

fandto°faid Indians?1 tribes of Indians possession and title to a tract or parcel of land con¬
taining five hundred and seventy-six thousand acres, being thirty miles
square, and being the eastern part of the lands ceded to the United
States by the Kansas tribe of Indians, by treaty concluded on the 14th
day of January, and ratified on the 15th of April of the present year,
lying adjoining the Shawnees on the south, and the Delawares and
Shawnees on the east, on both sides of the Kansas River, and to guar¬
antee the full and complete possession of the same to the Potto wauto-
consideration to be mie Nation, parties to this treaty, as their land and home forever; for
Forgrantsald In ians which they are to pay the United States the sum of eighty-seven thou¬
sand dollars, to be deducted from the gross sum promised to them in
the 3d article of this treaty.

•toT pay Usaiddin^ans Article 5. The United States agree to pay said nation of Indians,
$50,000 out of sum at the first annuity payment after the ratification, of this treaty, and
cie— wVen, andafor after an appropriation shall have been made by Congress, the sum of
wbat purpose. fifty thousand dollars, out of the aggregate sum granted in the third

article of this treaty to enable said Indians to arrange their affairs, and
pay their just debts, before leaving their present homes; to pay for
their improvements; to purchase wagons, horses, and other means of
transportation, and pay individuals for the loss of property necessa¬
rily sacrificed in moving to their new homes; said sum to be paid, in
open council, by the proper agents of the United States, and in such
just proportions to each band as the President of the United States
may direct.

movedtotrnew homes Article 6. The said tribes of Indians agree to remove to their new
.within two years from homes on the Kansas River, within two years from the ratification of
raproSns°fforeaex- this treaty; and further agree to set apart the sum of twenty thousand
suSence1110^ and dollars to the upper bands, (being ten dollars per head,) and ten thou¬
sand dollars to the lower bands, (being five dollars per head,) to pay
the actual expenses of removing; and the sum of forty thousand dol¬
lars for all the bands, as subsistence money, for the first twelve months
after their arrival at their new homes; to be paid to them so soon as
their arrival at their new homes is made known to the Government,
and convenient arrangements can be made to pay the same between
the parties to this treaty; the aforesaid sums to be also deducted from
the aggregate sum granted by the United States to said tribes of Indians
by the 3d article of this treaty.

to?tSnew°ithUnited Article 7. The balance of the said sum of eight hundred fifty
states as trust fund, thousand dollars, after deducting the cost of removal and subsistence,
centnterest of 5 per &c., it is agreed shall remain with the United States, in trust for said
Indians, and an interest of five per cent, annually paid thereon, com¬
mencing at the expiration of one year after the removal of said Indians,
and continuing for thirty years, and until the nation shall be reduced
below one thousand souls. If, after the expiration of thirty years, or
any period thereafter, it shall be ascertained that the nation is reduced
below that number, the said annuity shall thenceforth be paid pro rata
so long as they shall exist as a separate and distinct nation, in propor¬
tion as the present number shall bear to the number then in existence.

TREATY WITH THE CHEROKEE, 1846.

415

Article 8. It is agreed upon by the parties to this treaty that, after
the removal of the Potto wautomie Nation to the Kansas country, the
annual interest of their “ improvement fund ” shall be paid out promptly
and fully, for their benefit at their new homes. If, however, at any
time thereafter, the President of the United States shall be of opinion
that it would be advantageous to the Pottowautomie Nation, and they
should request the same to be done, to pay them the interest of said
money in lieu of the employment of persons or purchase of machines
or implements, he is hereby authorized to pay the same, or any part
thereof, in money, as their annuities are paid at the time of the gen¬
eral payments of annuities. 1 1 is also agreed that, after the expiration
of two years from the ratification of this treaty, the school-fund of the
Pottowautomies shall be expended entirely in their own country, unless
their people, in council, should, at any time, express a desire to have
any part of the same expended in a different manner.

Article 9. It is agreed by the parties to this treaty that the build¬
ings occupied as a missionary establishment, including twenty acres of
land now under fence, shall be reserved for the use of the Govern¬
ment agency; also the houses used for blacksmith house and shop shall
be reserved for the use of the Pottowautomie smith; but should the
property cease to be used for the aforementioned purposes, then it
shall revert to the use of the Pottowautomie Nation.

After removal of
said Indians the an¬
nual interest of their
improvement fund to
be paid at new homes.

The President may-
pay in money in lieu
of employing persons
or purchase of ma¬
chines, etc. .

After two years,
school fund to he ex¬
pended in their own
country.

Buildings now oc¬
cupied as missionary
establishment to be
reserved for the
agency.

The blacksmith
house and shop to be
reserved for the Pota-
watomi smith.

Article 10. It is agreed that hereafter there shall be paid to the lieu°of ' t^ccoiroS1
Pottowautomie Nation, annually, the sum of three hundred dollars, in and steel, stipulated
lieu of the two thousand pounds of tobacco, fifteen hundred pounds of i!28.reaty °f Sept' 2°’
iron, and three hundred and fifty pounds of steel, stipulated to be paid
to the Pottowautomies under the third article .of the treaty of Sep¬
tember 20, 1828.

TREATY WITH THE CHEROKEE, 1846.

Articles of a treaty made and concluded at Washington , i/n the District Aug. 6, 1846.
of Columbia , between the United States of America, by three commis- consent7of senate
sioners , Edmund Burke , William Armstrong , and Albion K. Parris ; Aug. 8, 1846° ena e’
and John Doss, principal chief of the Cherokee Nation;. David Vann, ^oeiamation, Aug.
William S. Goody , Richard Taylor , T. Id. Walker, Clement V.

McNair, Stephen Foreman, John Drew, and Richard Field, dele¬
gates duly appointed by the regularly constituted authorities of the
Cherokee Nation; George W Adair, John A. Bell, Stand Watie,

Joseph M. Lynch , John Fuss, and Brice Martin, a delegation
appointed by, and representing that portion, of the Cherokee tribe of
Indians known and recognized as the “ Treaty Party;” John Brown,

Captain Dutch, John L. Me Coy, Richard Drew, and Ellis Phillips ,
delegates appointed by, and representing, that portion of the Chero¬
kee Tribe of Indians known and recognized as “ Western Cher okees,”
or “ Old Settlers.”

Whereas serious difficulties have, for a considerable time past, Preamble,
existed between the different portions of the people constituting and
recognized as the Cherokee Nation of Indians, which it is desirable
should be speedily settled, so that peace and harmony may be
restored among them; and whereas certain claims exist on the part of
the Cherokee Nation, and portions of the Cherokee people, against
the United States; Therefore, with a view to the final and amicable
settlement of the difficulties and claims before mentioned, it is mutu¬
ally agreed by the several parties to this convention as follows, viz:

Article 1. That the lands now occupied by the Cherokee Nation cSgeNaSoK
shall be secured to the whole Cherokee people for their common use
and benefit; and a patent shall be issued for the same, including the be issued.

416

TREATY WITH THE CHEROKEE, 1846.

eight hundred thousand acres purchased, together with the outlet
west, promised by the United States, in conformity with the provi¬
sions relating thereto, contained in the third article of the treaty of
1835, and in the third section of the act of Congress, approved May
mo, ch. us. twenty-eighth, 1830, which authorizes the President of the United
States, in making exchanges of lands with the Indian tribes, “to assure
the tribe or nation with which the exchange is made, that the United
States will forever secure and guarantee to them, and their heirs or
successors, the country so exchanged with them; and if they prefer
it, that the United States will cause a patent or grant to be made and
executed to them for the same: Provided , always , That such lands
Reversion to be in shall revert to the United States if the Indians become extinct or
united States. abandon the same.”

aii difficulties and Article 2. All difficulties and differences heretofore existing
agInSaiamnestjfded- between the several parties of the Cherokee Nation are hereby settled
clared- and adjusted, and shall, as far as possible, be forgotten and forever

buried in oblivion. All party distinctions shall cease, except so far as
they may be necessary to carry out this convention or treaty. A
general amnesty is hereby declared. All offences and crimes com¬
mitted by a citizen or citizens of the Cherokee Nation against the
nation, or against an individual or individuals, are hereby pardoned.
All Cherokees who are now out of the nation are invited and earnestly
requested to return to their homes, where they may live in peace,
assured that they shall not be prosecuted for any offence heretofore
committed against the Cherokee Nation, or an}r individual thereof.
And this pardon and amnesty shall extend to all who may now be out
of the nation, and wh.o shall return thereto on or before 1st day of
December next. The several parties agree to unite in enforcing the
Laws to be passed laws against all future offenders. Laws shall be passed for equal pro-
and 6f o^^^ecuri ty tection, and for the security of life, liberty, and property ; and full
property nberty’ an& authority shall be given by law, to all or any portion of the Cherokee
people, peaceably to assemble and petition their own government, or
the Government of the United States, for the redress of grievances,
and to discuss their rights. All armed police, light horse, and other
military organization, shall be abolished, and the laws enforced by the
civil authority alone.

ished °for au ^crime one punished for any crime or misdemeanor except on

except on conviction conviction by a jury of his country, and the sentence of a court duly
by a jury. authorized by law to take cognizance of the offence. And it is further

^Fugitives from jus- agreed, all fugitives from justice, except those included in the general
amnesty herein stipulated, seeking refuge in the territory of the
United States, shall be delivered up by the authorities of the United
States to the Cherokee Nation for trial and punishment,
out^f^the^ooo ooo Article 3. W hereas certain claims have been allowed by the several
fund to be reimbursed boards of commissioners heretofore appointed under the treaty of 1835,
by the united states. for rents, under the name of improvements and spoliations, and for
propert}^ of which the Indians were dispossessed, provided for under
the 16th article of the treaty of 1835 ; and whereas the said claims have
been paid out of the $5,000,000 fund; and whereas said claims were
not justly chargeable to that fund, but were to be paid by the United
States, the said United States agree to re-imburse the said fund the
amount thus charged to said fund, and the same shall form a part of
the aggregate amount to be distributed to the Cherokee people, as
provided in the 9th article of this treaty; and whereas a further
amount has been allowed for reservations under the provisions of the
13th article of the treaty of 1835, by said commissioners, and has been
paid out of the said fund, and which said sums were properly charge¬
able to, and should have been paid by, the United States, the said
United States further agree to re-imburse the amounts thus paid for
reservations to said fund; and whereas the expenses of making the

TREATY WITH THE CHEROKEE, 1846.

417

treaty of New Echoto were also paid out of said fund, when they
should have been borne by the United States, the United States agree
to re-imburse the same, and also to re-imburse all other sums paid to
any agent of the government, and improperly charged to said fund;
and the same also shall form a part of the aggregate amount to be dis¬
tributed to the Cherokee people, as provided in the 9th article of this
treaty.

Article 4. And whereas it has been decided by the board of com- Provisions for the
missioned recently appointed by the President of the United States to t^ewSemchSees
examine and adjust the claims and difficulties existing against and on«28ded by
between the Cherokee people and the United States, as well as between
the Cherokees themselves, that under the provisions of the treaty of
1828, as well as in conformity with the general policy of the United >

States in relation to the Indian tribes, and the Cherokee Nation in par¬
ticular, that that portion of the Cherokee people known as the “Old
Settlers,” or “Western Cherokees,” had no exclusive title to the ter¬
ritory ceded in that treaty, but that the same was intended for the use
of, and to be the home for, the whole nation, including as well that
portion then east as that portion then west of the Mississippi; and
whereas the said board of commissioners further decided that, inas¬
much as the territory before mentioned became the common property
of the whole Cherokee Nation by the operation of the treaty of 1828,
the Cherokees then west of the Mississippi, by the equitable operation
of the same treaty, acquired a common interest in the lands occupied
by the Cherokees east of the Mississippi river, as well as in those
occupied by themselves west of that river, which interest should have
been provided for in the treaty of 1835, but which was not, except in
so far as they, as a constituent portion of the nation, retained, in pro¬
portion to their numbers, a common interest in the country west of
the Mississippi, and in the general funds of the nation; and therefore
they have an equitable claim upon the United States for the value of
that interest, whatever it may be. Now, in order to ascertain the
value of that interest, it is agreed that the following principle shall be ga^-^teSjst^han be
adopted, viz: All the investments and expenditures which are properly ascertained. s a e
chargeable upon the sums granted in the treaty of 1835, amounting in
the whole to five millions six hundred thousand dollars, (which invest¬
ments and expenditures are particularly enumerated in the 15th arti¬
cle of the treaty of 1835,) to be first deducted from said aggregate
sum. thus ascertaining the residuum or amount which would, under
such marshalling of accounts, be left for per capita distribution among
the Cherokees emigrating under the treaty of 1835, excluding all
extravagant and improper expenditures, and then allow to the Old
Settlers (or Western Cherokees) a sum equal to one third part of said
residuum, to be distributed per capita to each individual of said party
of “Old Settlers,” or “Western Cherokees.” It is further agreed
that, so far as the Western Cherokees are concerned, in estimating the
expense of removal and subsistence of an Eastern Cherokee, to be
charged to the aggregate fund of five million six hundred thousand
dollars above mentioned, the sums for removal and subsistence stipu¬
lated in the 8th article of the treaty of 1835, as commutation money in
those cases in which the parties entitled to it removed themselves,
shall be adopted. And as it affects the settlement with the Western
Cherokees, there shall be no deduction from the fund before mentioned
in consideration of anv payments which may hereafter be made out of
said f u nd ; and it is hereby further understood and agreed, that the prin¬
ciple above defined shall embrace all those Cherokees west of the Mis¬
sissippi, who emigrated prior to the treaty of 1835.

In the consideration of the foregoing stipulation on the part of the
United States, the “Western Cherokees,” or “Old Settlers,” hereby states,
release and quit-claim to the United States all right, title, interest, or

S. Doc. 452 - 27

418

TREATY WITH THE CHEROKEE, 1846.

Per capita allow¬
ance for Western
Cherokees to be held
in trust by United
States, etc.

Not assignable.

Committee of five
from “ Ola Settlers/’

Indemnity for
“Treaty Party.”

Provisions for heirs
of Major Ridge, John
Ridge, and Elias Bou-
dinot.

Proviso.

Values of salines to
be ascertained and
paid to individuals
dispossessed of them.

Payment for a print¬
ing press, arms, etc.

claim they may have to a common property in the Cherokee lands east of
the Mississippi River, and to exclusive ownership to the lands ceded to
them by the treaty of 1833 west of the Mississippi, including the out¬
let west, consenting and agreeing that the said lands, together with the
eight hundred thousand acres ceded to the Cherokees by the treaty of
1835, shall be and remain the common property of the whole Cherokee
people, themselves included.

Article 5. It is mutually agreed that the per capita allowance to be
given to the “ Western Cherokees,” or “Old Settlers,” upon the prin¬
ciple above stated, shall be held in trust by the Government of the
United States, and paid out to each individual belonging to that party
or head of family, or his legal representatives. And it is further
agreed that the per capita allowance to be paid as aforesaid shall not be
assignable, but shall be paid directly to the persons entitled to it, or to
his heirs or legal representatives, by the agent of the United States,
authorized to make such payments.

And it is further agreed that a committee of five persons shall be
appointed by the President of the United States, from the party of
“Old Settlers,” whose duty it shall be, in conjunction with an agent
of the United States, to ascertain what persons are entitled to -the per
capita allowance provided for in this and the preceding article.

Article 6. And whereas many of that portion of the Cherokee peo¬
ple known and designated as the “Treaty Party” have suffered losses
and incurred expenses in consequence of the treaty of 1835, therefore,
to indemnify the treaty party, the United States agree to pay to the
said treaty party the sum of one hundred and fifteen thousand dollars,
of which the sum of five thousand dollars shall be paid by the United
States to the heirs or legal representatives of Major Ridge, the sum of
five thousand dollars to the heirs or legal representatives of John
Ridge, and the sum of five thousand dollars to the heirs or legal repre¬
sentatives of Elias Boudinot, and the balance, being the sum of one
hundred thousand dollars, which shall be paid by the United States, in
such amounts and to such persons as may be certified by a committee
to be appointed by the treaty party, and which committee shall consist
of not exceeding five persons, and approved by an agent of the United
States, to be entitled to receive the same for losses and damages sus¬
tained by them, or by those of whom they are the heirs or legal repre¬
sentatives: Provided , That out of the said balance of one hundred
thousand dollars, the present delegation of the treaty party may
receive the sum of twenty-five thousand dollars, to be by them applied
to the payment of claims and other expenses. And it is further pro¬
vided that, if the said sum of one hundred thousand dollars should not
be sufficient to pay all the claims allowed for losses and damages, that
then the same shall be paid to the said claimants pro rata , and which
payments shall be in full of all claims and losses of the said treaty
party.

Article 7. The value of all salines which were the private property
of individuals of the Western Cherokees, and of which they were dis¬
possessed, provided there be any such, shall be ascertained by the
United States agent, and a commissioner to be appointed by the Chero¬
kee authorities; and, should they be unable to agree, they shall select
an umpire, whose decision shall be final; and the several amounts found
due shall be paid by the Cherokee Nation, or the salines returned to
their respective owners.

Article 8. The United States agree to pay to the Cherokee Nation
the sum of two thousand dollars for a printing-press, materials, and
other property destroyed at that time; the sum of five thousand dol¬
lars to be equally divided among all those whose arms were taken from
them previous to their removal W est by order of an officer of the
United States; and the further sum of twenty thousand dollars, in lieu

TREATY WITH THE WINNEBAGO, 1846.

419

of all claims of the Cherokee Nation, as a nation, prior to the treaty
of 1835, except all lands reserved, by treaties heretofore made, for
school funds.

Article 9. The United States agree to make a fair and just settle¬
ment of all moneys due to the Cherokees, and subject to the per capita
division under the treaty of 29th December, 1835, which said settle¬
ment shall exhibit all money properly expended under said treaty, and
shall embrace all sums paid for improvements, ferries, spoliations,
removal, and subsistence, and commutation therefor, debts and claims
upon the Cherokee Nation of Indians, for the additional quantity of
land ceded to said nation; and the several sums provided in the several
articles of the treaty, to be invested as the general funds of the nation;
and also all sums which may be hereafter properly allowed and paid
under the provisions of the treaty of 1835. The aggregate of which
said several sums shall be deducted from the sum of six millions six
hundred and forty-seven thousand and sixty-seven dollars, and the
balance thus found to be due shall be paid over, per capita , in equal
amounts, to all those individuals, heads of families, or their legal rep¬
resentatives, entitled to receive the same under the treaty of 1835, and
the supplement of 1836, being all those Cherokees residing east at the
date of said treaty and the supplement thereto.

Article 10. It is expressly agreed that nothing in the foregoing
treaty contained shall be so construed as in any manner to take away or
abridge any rights or claims which the Cherokees now residing in
States east of the Mississippi River had, or may have, under the treaty
of 1835 and the supplement thereto.

Article 11. Whereas the Cherokee delegations contend that the
amount expended for the one year’s subsistence, after their arrival in
the west, of the Eastern Cherokees, is not properly chargeable to the
treaty fund: it is hereby agreed that that question shall be submitted
to the Senate of the United States for its decision, which shall decide
whether the subsistence shall be borne by the United States or the
Cherokee funds, and if by the Cherokees, then to say, whether the
subsistence shall be charged at a greater rate than thirty -three, yW dol¬
lars per head; and also the question, whether the Cherokee Nation
shall be allowed interest on whatever sum may be found to be due the
nation, and from what date and at what rate per annum.

Article 12. [Stricken out.]

Article 13. This treaty, after the same shall be ratified by the Pres¬
ident and Senate of the United States, shall be obligatory on the con¬
tracting parties.

TREATY WITH THE WINNEBAGO, 1846.

Articles of a treaty made and concluded at the city of Washington , on
the thirteenth day of October, in the year one thousand eight hundred
and forty -six, between the United States, of the one part, by their com¬
missioners, Albion II. Parris, John J. Abert, and T. P. Andrews, and
the Winnebago tribe of Indians, of the other part, by a full delegation
of said tribe, specially appointed by the chiefs, head-men, and warriors
thereof

Article 1. It is solemnly agreed that the peace and friendship which
exist between the people "of the United States and the Winnebago
Indians shall be perpetual; the said tribe of Indians giving assurance,
hereby, of fidelity and friendship to the Government and people of the
United States, and the United States giving to them, at the same time,
promise of all proper care and parental' protection.

A fair and just set¬
tlement of all moneys
due the Cherokees
under the treaty of
1835 to be made.

Rights under treaty
of Aug. 1, 1885, not
affected.

Certain questions to
be submitted to Senate
of United States. •

Oct. 13, 1846.

9 Stat., 878.
Proclamation, Feb.
4, 1847.

Peace and friend¬
ship to be perpetual.

420

TREATY WITH THE WINNEBAGO, 1846.

Lands ceded to the
United States.

In consideration of
the above cession, the
United States agree to
purchase and give to
said tribe, as their
home, a tract of coun¬
try north of the St.
Peters and west of the
Mississippi rivers.

United States agree
to pay said Indians
$150,000 for the land,
and $40,000 for release
of hunting privileges
on the lands adjacent
to their present home.
How to be applied.

Balance of $85,000 to
remain in trust with
United States at 5 per
cent interest.

Proviso.

Said Indians to re¬
move to their new
home within one year
from the ratification
of this treaty.

President may, at
his discretion, direct
a porti on of the money
now paid in goods to
be applied to the pur¬
chase of provisions.

Article 2. The said tribe of Indians hereby agree to cede and sell,
and do hereby cede and sell, to the United States, all right, title, inter¬
est, claim, and privilege, to all lands, wherever situated, now or here¬
tofore occupied or claimed by said Indians, within the States and
Territories of the United States, and especially to the country now
occupied, inhabited, or in any way used by them, called the “ neutral
ground,” which tract of country was assigned to said Indians by the
second article of the treaty of Fort Armstrong, concluded on the fif¬
teenth day of September, 1832, and ratified on the thirteenth day of
February following.

Article 3. In consideration of the foregoing purchase from, or
cession by, the said Indians, the United States hereby agree to pur¬
chase and give to the said Indians, as their home, to be held as all
Indians’ lands are held, a tract of country north of St. Peter’s and west
of the Mississippi Rivers, of not less than eight hundred thousand
acres, which shall be suitable to their habits, wants, and wishes: Pro¬
vided, Such land can be obtained on just and reasonable terms.

Article 4. The United States agree to pay to said tribe of Indians
the sum of one hundred and fifty thousand dollars for the land, and
the sum of forty thousand dollars for release of hunting privileges, on
the lands adjacent to their present home, making the sum of one hun¬
dred and ninety thousand dollars, being in further consideration of the
cession or sale made to the United States by the second article of this
treaty; to be paid as follows: Forty thousand dollars to enable them
to comply with their present just engagements, and to cover the
expenses of exploring and selecting (by their own people, or by an
agent of their own appointment) their new home; twenty thousancfdol-
lars in consideration of their removing themselves, and twenty thousand
dollars in consideration of their subsisting themselves the first year
after their removal; ten thousand dollars to be expended for breaking
up and fencing lands, under the direction of the President of the
United States, at their new home; ten thousand dollars to be set apart
and applied, under the direction of the President, to the creation and
carrying on of one or more manual-labor schools for the benefit of said
tribe of Indians; and five thousand dollars for building a saw and grist
mill. The balance of said sum of one hundred and ninety thousand
dollars, viz, eighty -five thousand dollars, to remain in trust with the
United States, and five per cent, interest thereon to be paid annually
to said tribe, or applied for their benefit, as the President of the United
States may from time to time direct, for the period of thirty years,
which shall be in full payment of the said balance: Provided , That no
part of the said consideration moneys shall be paid until after the
arrival of said tribe of Indians at their new home, and appropriations
shall have been made by Congress; and that the sums for meeting their
present engagements, for removal and subsistence, and for exploring
their new home, shall be paid to the chiefs in open council, in such
a manner as they in said council shall request.

Article 5. It is further agreed by the parties to this treaty that the
said tribe of Indians shall remove to their new home within one year
after the ratification of this treaty, and their new home shall have been
procured for them, and they duly notified of the same.

Article 6. It is further agreed by the parties to this treaty, that
the President may, at his discretion, (should he at any time be of
opinion that the interest of the Indians would be thereby promoted,)
direct that any portion of the money, not exceeding ten thousand dol¬
lars per annum, now paid in goods, "as provided for by the last clause
of the fourth article of the treaty of the first of November, 1837, be
applied to the purchase of additional provisions, or to other purposes.

TREATY WITH THE CHIPPEWA, ETC., 1847.

421

TREATY WITH CHIPPEWA OP THE MISSISSIPPI AND LAKE
SUPERIOR, 1847.

Articles of a treaty made and concluded at the Fond du Lac of Lake
Superior , on the second day of August , in the year one thousand eight
hundred and forty-seven , between the United States , by their com¬
missioners, Lsaac A. Verplank and Henry M. Rice , and the Chip¬
pewa Lndians of the Mississippi and Lake Superior , by their chiefs
and head-men .

Article 1. It is agreed that the peace and friendship which exists
between the people of the United States and the Chippewa Indians
shall be perpetual.

Article 2. The Chippewa Indians of the Mississippi and Lake
Superior cede and sell to the United States all the land within the fol¬
lowing boundaries, viz: Beginning at the junction of the Crow Wing
and Mississippi Rivers, thence up the Crow Wing River to the junc¬
tion of that river with the Long Prairie River, thence up the Long
Prairie River to the boundary-line between the Sioux and Chippewa
Indians, thence southerly along the said boundary-line to a lake at the
head of Long Prairie River, thence in a direct line to the sources of
the Watab River, thence down the Watab to the Mississippi River,
thence up the Mississippi to the place of beginning; and also all the
interest and claim which the Indians, parties to this treaty, have in a
tract of land lying upon and north of Long Prairie River, and called
One-day’s Hunt; but, as the boundary-line between the Indians,
parties to this treaty, and the Chippewa Indians, commonly called
“Pillagers,” is indefinite, it is agreed that before the United States
use or occupy the said tract of land north of Long Prairie River, the
boundary-line between the said tract and the Pillager lands shall be
defined and settled to the satisfaction of the Pillagers.

Article 3. In consideration of the foregoing cession, the United
States agree to pay to the Chippewas of Lake Superior seventeen thou¬
sand dollars in specie, and to the Chippewas of the Mississippi seven¬
teen thousand dollars in specie; the above sums to be paid at such place
or places, and in such manner, as the President shall direct, and to be
paid within six months after this treaty shall be ratified by the Presi¬
dent and Senate of the United States; and the United States further
agree to pay to the Mississippi Indians the sum of one thousand dol¬
lars annually for forty-six years; but it is agreed that whenever the
Chippewas of the Mississippi shall agree as to the schools to be estab¬
lished, and the places at which they shall be located, the number of
blacksmiths and laborers to be employed for them, and shall request
the United States to expend, from year to year, the annual payments
remaining unpaid, in the support of schools, blacksmiths, and labor¬
ers, the same shall be expended by the United States for such purposes;
and that Chippewas of full or mixed blood shall be employed as teach¬
ers, blacksmiths, and laborers, when such persons can be employed
who are competent to perform the duties required of them under this
and all former treaties.

Article 4. It is stipulated that the half or mixed bloods of the
Chippewas residing with them shall be considered Chippewa Indians,
and shall, as such, be allowed to participate in all annuities which shall
hereafter be paid to the Chippewas of the Mississippi and Lake Supe¬
rior, due them by this treaty, and by the treaties heretofore made and
ratified.

Article 5. [Stricken out.]

Article 6. This treaty shall be obligatory upon the contracting
parties when ratified by the President and Senate of the United States.

Aug. 2, 1847.

9 Stat., 904.

Consent of Senate
[with amendments],
Apr. 3, 1848.

Proclamationmade,
Apr. 7, 1848.

Peace and friend¬
ship to he perpetual.

Cession of lands by
the Chippewa of the
Mississippi and Lake
Superior to the United
States.

Boundary between
the Indians, parties
to this treaty, and the
“Pillager” band, to
be settled to the satis¬
faction of the latter.

In consideration of
the foregoing cession,
the United States to
pay the Chippewa
$17,000.

And further to pay
to the Mississippi In¬
dians the sum of $1,000
for 46 years.

How to be ex¬
pended.

Half or mixed blood
of the Chippewa to
be considered as Chip¬
pewa.

422 TREATY WITH THE PAWNEE, ETC., 1848.

TREATY WITH THE PILLAGER BAND OF CHIPPEWA INDIANS,
1847.

Aug. 2i, 1847. Articles of a treaty made and concluded at Leech Lake on the twenty-

9stat„ 908. first day of August , in the year one thousand eight hundred and

a Proclamation made, forty -seven, between the United States , by their commissioners , Isaac
A. Verplank and Henry 31. Rice , and the Pillager Band of Chippewa
Indians , by their chiefs , head-men , and warriors.

shTetobeaner etuaid Article 1. It is agreed that the peace and friendship which exists
s p o eperpe ua . ke|.ween United States and the Indians, parties to this treaty, shall
be perpetual.

theunited^state^8 10 Article 2. The Pillager band of Chippewa Indians hereby sell
and cede to the United States all the country within the following
boundaries, viz: Beginning at the south end of Otter-Tail Lake;
thence southerly on the boundary-line between the Sioux and Chippe-
way Indians to Long Prairie River; thence up said river to Crow
Wing River; thence up Crow Wing River to Leaf River; thence up
Leaf River to the head of said river; and from thence in a direct line
to the place of beginning.

country ceded to be Article 3. It is stipulated that the country hereby ceded shall be
untiiaotherwiseaor- held by the United States as Indian land, until otherwise ordered by
dered- the President.

forfiveit; ears1 in con* Article 4. In consideration of the foregoing cession, the United
sideratiorfofthe fore- States agree to furnish to the Pillager band of Chippewa Indians
gomg cession. annually, for five years, the following articles: Fifty three-point
Mackinaw blankets, three hundred two and a half point Mackinaw
blankets, fifty one and a half point Mackinaw blankets, three hundred
and forty yards of gray list-cloth, four hundred and fifty yards of
white list scarlet cloth, eighteen hundred yards of strong dark prints,
assorted colors, one hundred and fifty pounds three-thread gray
gilling-twine, seventy -five pounds turtle-twine, fifty bunches sturgeon-
twine, twenty-five pounds of linen thread, two hundred combs, five
thousand assorted needles, one hundred and fifty medal looking-
glasses, ten pounds of vermilion, thirty nests (fourteen each) heavy
tin kettles, five hundred pounds of tobacco, and five barrels of salt.
And the United States further agree that at the first payment made
under this treaty, the Indians, parties to this treaty, shalf receive as a
present two hundred warranted beaver-traps and seventy -five north¬
west guns.

Treaty to be obiiga- Article 5. This treaty shall be obligatory upon the parties thereto
theyRresident.1 e y when ratified by the President and Senate of the United States.

TREATY WITH THE PAWNEE— GRAND, LOUPS, REPUBLICANS,
ETC., 1848.

Aug, 6, 1848. Treaty with the Pawnees ; articles of agreement and convention made
Tr^v ratified Tnn sixth day of August, A. D. 18/f, at Fort Childs , near the head

8, 1849. ‘ ' of Grand Island , on the south side of the Nebraska or Great Platte

River , between Lieutenant- Colonel Ludwell F. Powell , commanding
battalion Missouri Mounted Volunteers , en route to Oregon , in behalf
of the United States , and the chiefs and head-men of the four con¬
federated bands of Pawnees , viz: Grand Pawnees , Pawnee Loups ,
Pawnee Republicans, and Pawnee Tappage, at present residing on
the south side of the Platte River.

United states? t0 the Article 1. The confederated bands of the Pawnees hereby cede
and relinquish to the United States all their right, title, and interest
in and to all that tract of land described as follows, viz: Commencing
on the south side of the Platte River, five miles west of this post,

TREATY WITH THE MENOMINEE, 1848.

428

“Fort Childs;” thence due north to the crest of the bluffs north of
said Platte River; thence east and along the crest of said bluffs to the
termination of Grand Island, supposed to be about sixty miles distant;
thence south to the southern shore of said Platte River; and thence
west and along the southern shore of the said Platte River to the place
of beginning.

The land hereby conveyed is designated within the red lines of the
following plat:

[Note.— The red lines in the original jplat are designated by dotted
lines in this copy.}

Article 2. In consideration of the land hereby ceded and relin¬
quished, the United States has this day paid, through Captain Stewart
Van Yliet, assistant quartermaster United States Army, under an order
from Lieutenant-Colonel Ludwell E. Powell, commanding battalion
Missouri Mounted Volunteers, to the said four bands collectively, on
the execution of this treaty, the amount of two thousand dollars in
goods and merchandise, the receipt of which is hereby acknowledged.

Article 3. The United States shall have the privilege of using any
hard timber that may at any time be needed, situate upon Wood
River, immediately north of the land hereby conveyed.

Article 4. The Pawnee Nation renew their assurance of friendship
for the white men, their fidelity to the United States, and their desire
for peace with all the neighboring tribes of Indians.

The Pawnee Nation, therefore, faithfully promise not to molest or
injure the property or person of any white citizen of the United States,
wherever found, nor to make war upon any tribes with whom said
Pawnee tribes now are, or may hereafter be, at peace; but, should any
difficulty arise, they agree to refer the matter in dispute to such arbi¬
tration as the President of the United States may direct.

Article 5. These articles of agreement and convention shall be
binding and obligatory from this sixth day of August, A. D. 1848.

TREATY WITH THE MENOMINEE, 1848.

Articles of a treaty made and concluded at Lake Pow-aw-hay-kon-nay ,
in the /State of Wisconsin , on the eighteenth day of October , one
thousand eight hundred and forty -eight, between the United States of
America , by William Medill , a commissioner duly appointed for that
purpose , and the Menomonee tribe of Indians , by the chiefs , head¬
men , and warriors of said tribe.

Article 1. It is stipulated and solemnly agreed that the peace and
friendship now so happily subsisting between the Government and
people of the United States and the Menomonee Indians shall be
perpetual.

Payment of goods,
etc., in consideration
of foregoing cession.

United States to use
timber on W ood River.

Friendship and
fidelity pledged.

Disputes to be arbi¬
trated.

Oct. 18, 1848.

9 Stat., 952.

Ratified Jan. 23,1849.

Peace perpetual.

424

TREATY WITH THE MENOMINEE, 1848.

Cession of lands.

Home provided for
said tribe.

Payment of 8350,000
by United States.

To chiefs, for prepa¬
ration for removal.

To mixed bloods.

Expenses of remov¬
al.

Subsistence after re¬
moval.

Manual-1 abor
school, mill, etc., in
new country,

Person to direct
mill.

Blacksmith shop,
iron, etc.

Individual improve¬
ments on ceded land.

Balance in ten an¬
nual installments.

Sum invested in
stocks under treaty of
1836, how applied.

Article 2. The said Menomonee tribe of Indians agree to cede, and
do hereby cede, sell, and relinquish to the United States all their lands
in the State of Wisconsin, wherever situated.

Article 3. In consideration of the foregoing cession, the United
States agree to give, and do hereby give, to said Indians for a home,
to be held as Indians’ lands are held, all that country or tract of land
ceded to the said United States by the Chippewa Indians of the Mis¬
sissippi and Lake Superior, in the treaty of August 2, 1847, and the
Pillager band of Chippewa Indians, in the treaty of August 21, 1847,
which may^ not be assigned to the Winnebago Indians, under the
treaty with that tribe of October 13, 1846, and which is guarantied to
contain not less than six hundred thousand acres.

Article 4. In further and full consideration of said cession, the
United States agree to pay the sum of three hundred and fifty thou¬
sand dollars, at the several times, in the manner, and for the purposes
following, viz:

To the chiefs, as soon after the same shall be appropriated by Con¬
gress as may be convenient, to enable them to arrange and settle the
affairs of their tribe preparatory to their removal to the country set
apart for and given to them as above, thirty thousand dollars.

To such person of mixed blood, and in such proportion to each as
the chiefs in council, and a commissioner to be appointed by the Pres¬
ident, shall designate and determine, and as soon after the appropria¬
tion thereof as maybe found practicable and expedient, forty thousand
dollar's.

In such manner and at such times as the President shall prescribe,
in consideration of their removing themselves, which they agree to do,
without further cost or expense to the United States, twenty thousand
dollars.

In such manner and at such times as the President shall prescribe,
in consideration of. their subsisting themselves the first year after
their removal, which they agree to do, without further cost or expense
on the part of the United States, twenty thousand dollars.

To be laid out and applied, under the direction of the President, in
the establishment of a manual-labor school, the erection of a grist and
saw mill, and other necessary improvements in their new country,
fifteen thousand dollars.

To be laid out and applied, under the direction of the President, in
procuring a suitable person, to attend and carry on the said grist and
saw mill for a period of fifteen years, nine thousand dollars.

To be laid out and applied, under the direction of the President, in
continuing and keeping up a blacksmith’s shop, and providing the
usual quantity of iron and steel for the use and benefit of said tribe,
for a period of twelve years, commencing with the year one thousand
eight hundred and fifty-seven, and when all provision for blacksmiths’
shops under the treaty of 1836 shall cease, eleven thousand dollars.

To be set apart, applied, and distributed under the direction of the
President, in payment of individual improvements of the tribe upon
the lands above ceded to the United States, five thousand dollars.

And the balance, amounting to the sum of two hundred thousand
dollars, to be paid over to the tribe, as Indian annuities are required
to be paid, in ten equal annual instalments, commencing with the
year one thousand eight hundred and fifty- seven, and when their annu¬
ities or annual instalments under the treaty of 1836 shall have ceased.

Article 5. It is stipulated and agreed, that the sum now invested
in stocks, under the Senate’s amendment to the treaty of 1836, with
the interest due thereon at this time, shall be and remain invested,
under the direction of the President, and that the interest hereafter
arising therefrom shall be disposed of as follows: that is to say, so much
thereof as may be necessary to the support and maintenance of the said

TREATY WITH THE STOCKBRIDGE TRIBE, 1848.

425

manual-labor school, and other means of education, and the balance be
annually paid over in money as other annuities, or applied for the ben¬
efit and improvement of said tribe, as the President, on consultation
with the chiefs, may, from time to time, determine.

Article 6. To enable the said Indians to explore and examine their
new country, and as an inducement to an early removal thereto, it is
agreed that the United States will pay the necessary expenses of a suit¬
able delegation, to be selected for that purpose, under the direction of
the President.

Article 7. It is alleged that there were less goods delivered to the
said Indians at the annuity payment of 1837 than were due and required
to be paid and delivered to them under the stipulations of their treaties
with the United States then in force; and it is therefore agreed that
the subject shall be properly investigated, and that full indemnity
shall be made to them for any loss which they may be shown to have
sustained.

Article 8. It is agreed that the said Indians shall be permitted, if
they desire to do so, to remain on the lands hereby ceded for and dur¬
ing the period of two years from the date hereof, and until the Presi¬
dent shall notify them that the same are wanted.

Article 9. It is stipulated that Robert Grignon, who has erected a
saw-mill upon the Little Wolf River, at his own expense, for the ben¬
efit and at the request of said Indians, shall have the right of a pre-
emptor to the lands upon which such improvements are situated, not
exceeding in quantity on both sides of said river one hundred and sixty
acres.

Article 10. This treaty to be binding on the contracting parties as
soon as it is ratified by the President and Senate of the United States.

TREATY WITH THE STOCKBRIDGE TRIBE, 1848.

Whereas by an act of Congress entitled “ An act for the relief of
the Stockbridge tribe of Indians, in the Territory of Wisconsin,”
approved on the third day of March, A. D. 1843, it was provided that
the township of land on the east side of Winnebago Lake, secured to
said tribe by the treaty with the Menomonee Indians of February 8th,
1831, as amended by the Senate of the United States, and not hereto¬
fore ceded by said tribe to the United States, should be divided and
allotted among the individual members of said tribe, by commissioners
to be elected for that purpose, who were to make report of such divi¬
sion and allotment, and thereupon the persons composing said tribe
were to become citizens of the United States.

And whereas a portion of said tribe refused to recognize the validity
of said act of Congress, or the proceedings which were had under it,
or to be governed by its provisions, and upon their petition a subse¬
quent act was passed by the Congress of the United States, on the 6th
day of August, 1846, repealing the said act of March 3d, 1843, and
providing, among other things, that such of said tribe as should enroll
themselves with the subagent of Indian affairs at Green Bay, should
be and remain citizens of the United States, and the residue of said
tribe were restored to their ancient form of government as an Indian
tribe. It was also provided that the said township of land should be
divided into two districts, one of which was to be known as the
“Indian district,” the other as the “citizen district;” the former to be
held in common by the party who did not desire citizenship, and the
latter to be divided and allotted among such as were citizens and
desired to remain so. . , . .

And whereas it has been found impracticable to carry into full effect

Exploration of new
country.

Deficit in goods de¬
livered in 1837 to be
made up.

To remain on ceded
lands for two years.

Robert Grignon to
preempt certain land.

Nov. 24, 1848.

9 Stat., 955.

Ratified Mar. 1,1849.
Preamble.

1843, ch. 101.

1846, cb. 85.

426

TREATY WITH THE STOCKBRIDGE TRIBE, 1848.

the provisions of the act of August 6th, 1846, by dividing the said
township of land in the manner specified in said act, without infring¬
ing upon private rights acquired in good faith under the act of 1843
hereinbefore referred to, with a view of relieving both the Indian and
citizen parties of said Stockbridge tribe of Indians from their present
embarrassments, and to secure to each their just rights, articles of agree¬
ment and compromise have been entered into, as follows:

Articles of agreement and treaty made and concluded at Stockbridge, in
the State of Wisconsin , on the ftlrfh day of November , in the year of
our Lord one thousand eight hundred and forty -eight, by and "between
the undersigned , acting commissioners on the part of the United
States of America, and the Stockbridge tribe of Indians.

Renunciation of
rights under act of
1843, ch. 101.

Acknowledge guar¬
dianship of United
States.

Census of tribe.

Cession to United
States.

Survey of land ceded
and patents to issue
for land allotted un¬
der act of 1843, ch. 101.

Sale of residue.

Payment to tribe for
necessaries, etc.

Payment for im-

Eements on ceded

Article 1. The said Stockbridge tribe of Indians renounce all par¬
ticipation in any of the benefits or privileges granted or conferred by
the act of Congress entitled “An act for the relief of the Stockbridge
tribe of Indians, in the Territory of Wisconsin,” approved March 3,
1843, and relinquish all rights secured by said act; and they do hereby
acknowledge and declare themselves to be under the protection and
guardianship of the United States, as other Indian tribes.

Article 2. That no misunderstanding may exist, now or hereafter,
in determining who compose said tribe and are parties hereto, it is
agreed that a roll or census shall be taken and appended to this agree¬
ment, and in like manner taken annually hereafter, and returned to the
Secretary of the War Department of the United States, containing the
names of all such as are parties hereto, and to be known and recognized
as the Stockbridge tribe of Indians, who shall each be entitled to their
due proportion of the benefits to be derived from the provisions made
for their tribe by this and former agreements; and whenever any of
them shall separate themselves from said tribe, or abandon the country
which may be selected for their future home, the share or portion of
such shall cease, and they shall forfeit all claims to be recognized as
members of said tribe.

Article 3. The said Stockbridge tribe of Indians hereby sell and
relinquish to the United States the township of land on the east side of
Lake Winnebago, (granted and secured to said tribe by the treaty with
the Menomonee tribe of Indians of February 8, 1831, as amended by
the resolution of the Senate of the United States,) and situated in the
State of Wisconsin.

Article 4. The said township of land shall be surveyed into lots, in
conformity with the plan adopted by the commissioners elected under
the act of March 3, 1843, and such of said lands as were allotted by
said commissioners to members of said tribe who have become citizens
of the United States (a schedule of which is hereunto annexed) are
hereby confirmed to such individuals respectively, and patents therefor
shall be issued by the United States. The residue of said lands belong¬
ing to the United States shall be brought into market but shall not be
sold at less than the appraised value, unless the Senate of the United
States shall otherwise determine.

Article 5. In consideration of the cession and relinquishment here¬
inbefore made by the said Stockbridge tribe of Indians, it is agreed
that the United States shall pay to said tribe, within six months after
the ratification of this agreement, the sum of sixteen thousand five
hundred dollars, to enable them to settle their affairs, obtain necessa¬
ries, and make provision for establishing themselves in a new home.

Article 6. The United States shall also pay to said tribe, within
six months after the ratification of this agreement, the sum of four¬
teen thousand five hundred and four dollars and eighty-five cents,

427

TREATY WITH THE STOCKBRIDGE TRIBE, 1848.

being the appraised value of their improvements upon the lands herein
ceded and relinquished to the United States, and to be paid to the
individuals claiming said improvements according to the schedule and
assessment herewith transmitted.

Article 7. It is further stipulated and agreed that the said Stock-
bi idge tribe may remain upon the lands they now occupy for one year
after the ratification of this agreement, and that they will remove to
the country Set apart for them, or such other west of the Mississippi
River as they may be able to secure, where all their treaty stipulations
with the Government shall be carried into effect.

Article 8. Whenever the said Stockbridge tribe shall signify their
wish to emigrate, the United States will defray the expenses of their
removal west of the Mississippi and furnish them with subsistence for
one year after their arrival at their new home.

Article 9. It is further stipulated and agreed, that, for the purpose
of making provision for the rising generation of said tribe, the sum
of sixteen thousand five hundred dollars shall be invested by the United
States in stock, bearing an interest of not less than five per cent, per
annum, the interest of which shall be paid annually to said tribe, as
other annuities are paid by the United States.

Article 10. It is agreed that nothing herein shall prevent a survey
of said lands, at any time after the ratification of this agreement, and
that said tribe shall commit no waste or do unnecessary damage upon
the premises occupied by them.

Article 11. The United States will pay the expenses incurred by
the sachem and head-men, amounting to three thousand dollars, in
attending to the business of said tribe since the year 1843.

Article 12. This agreement to be binding and obligatory upon the
contracting parties from and after its ratification by the Government
of the United States.

supplemental article.

Whereas the Stockbridge and Munsee Indians consider that they
have a claim against the United States for indemnity for certain lands
on White River in the State of Indiana, and for certain other lands in
the State of Wisconsin, which they allege they have been deprived of
by treaties entered into with the Miamies and Delawares, or to the
lands claimed by them in Indiana, and with the Menomonees and Win-
nebagoes, or to the lands in Wisconsin, without their consent; and
whereas the said Stockbridge and Munsee Indians, by their chiefs and
agents, have continued to prosecute their said claims during the last
twenty years at their own expense, except the sum of three thousand
dollars paid them in 1821; and whereas it is desirable that all ground
of discontent on the part of said Indians shall be removed, the United
States do further stipulate, in consideration of the relinquishment by
them of said claims, and all others, except as provided in this treaty,
to pay the sachems or chiefs of said Indians, on the ratification of this
article by them, with the assent of their people, the sum of five thou¬
sand dollars, and the further sum of twenty thousand dollars, to be
paid in ten annual instalments, to commence when the said Indians
shall have ^elected and removed to their new homes, as contemplated
by the seventh article of this treaty.

The President of the United States, within two years from the rati¬
fication of this treatv, shall procure for the use of said Stockbridge
Indians a quantity of land west of the Mississippi River, upon which
they shall reside, not less than seventy-two sections, said Indians to
be consulted as to the location of said land, and to be holden by the
same tenure as other Indian lands.

Tribe to remain on
ceded lands for one
year.

Expenses of re¬
moval and subsist¬
ence.

Investment in stock
fund.

Surveys.

United States to pay
expenses of chiefs
since 1843.

Claims.

Payment for relin-
luishment of certain
claims.

428

TREATY WITH THE STOCKBRIDGE TRIBE, 1848.

Iloll or census of the StocJcbridge tribe of Indians, taken in conformity
with the provisions of the second article of the within agreement.

Heads of families. Male. Female. Boys. Girls. Total.

Austin E. Quinney _ _ 113 4 9

John Metoxen _ _ _ _ _ _ 1 , . 2 1

Benjamin Pye, sen _ 1 1 ... 1 3

Garret Thompson _ _ _ 1 1 2 ... 4

Elisha Konkapot _ 1 1 1 ... 3

John W. Quinney _ 1 ...... ... 1

John P. Quinney. _ _ _ 1 1 1 ... 3

Peter D. Littleman _ _ _ 1112 5

Jonas Thompson _ _ _ 11114

James Joshua . . . 1 ...... ... 1

Joseph M. Quinney _ 1 1 2 1 5

Simon L. Metoxep _ 1 1 2 5 9

Benjamin Pye, 2d _ 1 1 1 3 6

Thomas Schenandoah _ 1 1 ... ... 2

Aaron Turkey _ 1 1 2 2 6

Abram Pye _ 1 1 4 1 7

Benjamin Pye, 4th _ _ 1 1... 1 8

Benjamin Doxtater _ 1 1 1 1 4

Moses Charles _ 1 1 1 1 4

Benjamin Pye, 3d _ 1 1 1 1 4

Eli Williams _ 1 ... ... ... 1

David Palmer _ 1 1 1 ... 3

Jacob Konkapot _ 1 1 ... 1 3

Daniel Metoxen _ 1 1 ... ... 2

Elizabeth Palmer, (widow) _ ... 1 1 V 3

Elizabeth Aaron _ ... 1 1 2 4

Catharine Butterfield _ ... 1 ... 1 2

Samuel Miller . _ 114 2 8

Louisa Jamison _ _ 1 ... ... 1

Jacob Jahoicum _ 1 ...... ... 1

Anna Turkey _ ... 1 .. . ... 1

Jeremiah Slingerland _ _ 1 ... 3 ... 4

John Yocum _ 1 1 ... 2 4

Elizabeth Wilber _ ... 1 l 3 5

John W. Quinney, ji\, and sister _ 1 1 _ ... 2

Clarissa Miller and son _ 1 1 _ ... 2

Elizabeth Pye _ ... 1 1 2

Phoebe S. Picket _ ... 1 . . 1

Josiah Abrams, wife, and sister _ 1 2 ... ... 3

Jeremiah Bennet _ 1 2 _ 2 5

Paul Pye - 1 1 1 ... 3

Peter Bennet _ 1 ... ... ... 1

Ziba T. Peters _ 1 1 2 ... 4

Ezekiel Pobinson and brother _ _ _ 2 ... 2

Lawrence Yocum _ 1 ... ... ... 1

Moses Doxtater _ 1 ... ... 1 2

Lucinda Quinney _ _ _ _ _ 1 2 1 4

Jemima Doxtater _ ... l _ ... 1

Amelia Quinney _ ... 1 1 ... 2

Peter Bennet, sen _ 1 l 1 3 6

John Bennet _ _ 11114

Levi Konkapot _ 1 _ ... ... 1

Samuel Stevens _ 1 ...... ... 1

John Killsnake _ _ 1 . . 1

Lewis Hendricks _ _ _ 1 ...... ... 1

Diana Davids . . . . . 1 ... ... 1

177

'429

TREATY WITH THE STOCKBRIDGE TRIBE, 1848.

Schedule of lands to be patented to individuals under the fth article of ■
the above agreement.

Names- No. of lot. No. of acres.

J osiah Chicks _ _ _ 4

Nancy Chicks _ _ 2

John N. Chicks _ 4

Jacob Davids _ _ 5

Harvey Johnson _ g

Hannah P. Chicks _ _ _ _ ; _ 40

Dindemia, Big Deer - £ E.’end 14 _ 22. 66

Puella Jourdain _ _ 46

Jacobs Chicks _ 47

John N. Chicks _ 48

J osiah Chicks _ _ _ : _ 20

Jacob Chicks _ 21

Jos. L. Chicks _ _ _ 22

Jacob Chicks _ 23

John N. Chicks _ 24

Moses E. Merrill _ 25, 26, 27

John N. Chicks _ 28, 29

Jane Dean _ 30

Mariette Abrams _ 31

Catharine Mills - N. £ 32 . . .30. 62

Joseph L. Chicks _ 33

John Dick _ 37

John More _ 38

Isaac Jacobs _ 40

Benjamin Welch _ 41

Lucy Jacobs _ 44

Daniel Davids _ 47

Daniel Davids _ N. £ 48

John W. Abrams _ _ _ S. £ 48

Louisa Davids _ 50

Harry E. Eastman _ 51

Eunice Abrams _ 52

Daniel Davids _ _ _ 53

John N. Chicks _ 54

Hoel S. Wright _ _ S. part of 55 _ ... 5

Oscar Wright _ __N. part of 55 _ 57£

John Littleman _ S. £ 56

Daniel Davids _ N. £ 56

Darius Davids _ 57

Margaret Davids _ _ 58

Daniel Davids _ 60

Erastus W elch, (a strip E. of road) _ 65 6 chains 25 Iks. wide

off S. side of lot.

Richard Fiddler _ E. of road 65 Balance of the lot.

Henry Modlin _ part 65 W. of road, 54f

Henry Jacobs _ _ 63

Lucy Jacobs _ _ _ frac’l part of 66 W. of road, 50.50

John W. Abrams _ E. £ 68

John Dick - - 70

Eunice Abrams _ N. £ 76

Mary Hendrick _ '-E. £ 78

Isaac Jacqbs and George Bennet. ------- 79

John N. Chicks _ 81

John N. Chicks and f S9

Jacob Davids. j

Nancy Hunt _ W. £ 83 -

31£

430

TBEATY WITH THE STOCKBEIDGE TEIBE, 1848.

Schedule of lands to be patented to individuals under the Jfh article of
the above agreement — Continued.

Names.

James Menagre and
Betsy Menagre j '

Betsy Wyatt -

William Gardner _

Timothy Jourdain _

Charles Stevens. - _ ..

Nancy Homm _

Joseph L. Chicks _

John N. Chicks _

John Moore 1 _

Josiah Chicks _

John N. Chicks _

Timothy Jourdain _

John Littleman _

Nathan Goodell _

Charles Stevens _

Catharine Littleman . _

John Moore _

John W. Abrams _

Jacob Davids _

Adam Sheriff _

Jacob Davids _

Joseph L. Chicks _

Catharine Mills _

Joseph Doxtater _

Isaac Jacobs _ _

Alexander Abrams _

Jacob Davids _

Darius Davids _

John Littleman . .

Isaac Jacobs _

Hannah W. Chicks _

Catharine Mills _

Nathan Goodell _

John N. Chicks _

James N. Lane _

Jacob Davids _

Job Moore _

Thomas J. Chicks _

Harvey Johnson _

Nancy Gardner _

Abagail Jourdain _

Abram Chicks _

Bartholomew Bowman

Harriet J ourdain _

Andrew Chicks _

Sarah Davids _

Job Moore _

William Gardner _

Mordy Mann _

Mary N. Chicks _

William Gardner _

Triphane E. Jourdain

Caleb Moors _

Isaac Simons _

No. of lot. . No. of acres.

part of 84 E. end . 154

._W. 4 85 & 86. . 624

. . 87

_ 90

--S. 4 91 . . . 31.25

92 &94
98
102
103

105

106
110

111, 112

_ 113

_ 115

-S. part 119 _ 50

,E. part 128 _ _ 54. 60

_ 129

_ 130

_ 131

-_W. 4 132-...- . 31.25

....... 133

. . 134

...W, 4 136

144 & 145
151

154

155

156

157

158

159

160
170

173

174

175

176

179

180
181
182
184
186

187

188
189
191

S. part of 192, and 221 . 50

N. part of 192, and 221 . 70

_ _ 194

_ 220

. . . 222

. . 223

. . 224

TREATY WITH THE STOCKBRIDGE TRIBE, 1848.

431

Schedule of lands to le patented to individuals under the Jfh article of
the above agreement — Continued.

Xames.

No. of lot.

Isabel Chicks _

Sophia M. Jourdain .

Jesse Bownan _

Catharine Franks _

Jonathan Chicks _

Jonas Davids _

Adam Davids _

Linke Jourdain _

Elizabeth Moore _

Joseph Doxtater _

George Bennet _

Isaac Simmons _

Abigail Moore _

Henry Moore _

William Scott _

George Bennet.. _

Reuben Johnson _

Silas Jourdain _

J esse M. J ourdain _ .

Simon Gardner _

Hannah Moore _

Solomon Davids _

Edward Howell _

Harriet Johnson _

Lucinda Gardner . _ .

Hope Moore. . _ _

Jemison C. Chicks __
Obadiah Gardner _ _ .

Rachael Davids _

Julius Davids _

Elizabeth Bowman _ _
Jeremiah Gardner. _ .
Mary Jane Bowman.

Nancy Johnson _

Jason Simmons _

Betsy Menagre -

Darius Davids -

Humble M. Jourdain
Stephen Gardner . _ -
Francis T. Davids .. .

Mary McAllister _

Mary Hendrick -

Susannah Hendrick .

Jacob Moore -

David Gardner -

George Gardner _

Catharine Bowman..

Serepta Johnson -

Thankful Stephens . .
William Gardner —

Joseph Chicks -

John Chicks _

Charles Stephens . _ .
Timothy Jourdain . _ .
Jacob Chicks . - -

225

_ 226

.... 227
.... 228
.... 229
_ 231

232
.... 233
.... 234
.... 235
.... 237
.... 240

263

264
.... 265
S. \ 266
N. £ 266
.... 267
.... 268

_ 271

.... 274
.. .. 276

277
.... 279

_ 280

.... 282
.... 284

_ 308

.... 309
.... 313
.... 314

_ 315

.... 316
.... 317
.... 319
.... 320

_ 321

.... 323

_ 325

.... 326
.... 327
.... 328
.... 335
.... 349
.... 355
.... 357

_ 359

_ 360

.... 361

_ 362

.... 364
.... 365
.... 366
. .. 367,368
369, 370, 371
.... 372,373

432

TREATY WITH THE NAVAHO, 1849.

Schedule of l<mds to be patented to individuals under the Ipth article of
the above agreement — Continued.

Names. No. of lot.

Paul D. Hayward _ 375

State of Wisconsin - 383 School purposes.

Timothy J ourdain _ _ _ _ _ 384

Jeremiah Johnson _ 385,389

American Board of )

Commissioners for >■ _ 386, 390

Foreign Missions, j

Jacob Chick _ _ 387, 391

Timofhy Jourdain _ _ _ 388

John N. Chicks _ 392,396

William Gardner _ 393, 394, 397, 398

Lemuel Goodell _ N. end 395 2 acres.

M. L. Martin.
Albert G. Ellis.

Valuation of improvements, {vide Art. 6.)

Austin E. Quinney _ 163. 38

_ 49. 50

Joseph M. Quinney _ _ 30. 90

Samuel Stevens _ 38.76

Moses Chicks _ 43. 00

Elizabeth Palmer _ 29. 06

Samuel Miller _ 55. 62

Elisha Konkapot _ 5. 00

Peter D. Littleman _ 3. 25

John P. Quinney _ 15. 50

Heirs of J. Yocum _ _ 5. 78

Aaron Turkey _ 6. 00

Benjamin Pye, 2d _ 40. 00

John Metoxen _ 50. 00

Mrs. B. Wright _ 5. 00

Abraham Pye _ 30.00

Benjamin Pye, 4th _ _ __■ _ _

Benjamin Pye, sr _

Benjamin Pye, 3d _ _ 20. 00

Garrett Thompson _ 30. 00

Ziba T. Peters _ 10. 00

Betsy T. Aaron _ 3. 00

Thomas Skenandoah _ 17. 00

Simon S. Metoxen _ 30. 00

Elizabeth Wilber _ 41. 62

Ezekiel Robinson _ 4. 00

J. W. Quinney - 60. 00

School-house _ _

2, 760 63
718 25
' 617 15

703 26
980 50
512 41
880 87
142 50
168 88
267 50
78 03
311 00
640 00
825 00
67 50
495 00
40 00
40 00
350 00
485 00
215 00
85 00
349 50
535 00
711 87
60 00
1, 315 00
150 00

$14, 504 85

TREATY WITH THE NAVAH0, 1849.

Sept. 9, 1849. The following acknowledgements, declarations, and stipulations have

9 s tat. 7974 been duly considered, and are now solemnly adopted and proclaimed

seCtn|e?85ooi Senate’ by the undersigned; that is to say, John M. Washington, governor of
^Proclamation made New Mexico, and lieutenant-colonel commanding the troops of the
sept. 24, 1850. United States in New Mexico, and James S. Calhoun, Indian agent,

residing at Santa Fe, in New Mexico, representing the United States
of America, and Mariano Martinez, head chief, and Chapitone, second
chief, on the part of the Navajo tribe of Indians:

TREATY WITH THE NAVAHO, 1849.

433

I. The said Indians do hereby acknowledge that, by virtue of a
treaty entered into by the United States of America and the United
Mexican States, signed on the second day of February, in the year of
our Lord eighteen hundred and forty-eight, at the city of Guadalupe
Hidalgo, by N. P. Trist, of the first part, and Luis G. Cuevas, Ber¬
nardo Couto, and Mgl Atristain, of the second part, the said tribe was
lawfully placed under the exclusive jurisdiction and protection of the
Government of the said United States, and that they are now, and will
forever remain, under the aforesaid jurisdiction and protection.

H. That from and after the signing of this treaty, hostilities between
the contracting parties shall cease, and perpetual peace and friendship
shall exist; the said tribe hereby solemnly covenanting that they will
not associate with, or give countenance or aid to, any tribe or band of
Indians, or other persons or powers, who may be at any time at enmity
with the people of the said United States; that they will remain at
peace, ana treat honestly and humanely all persons and powers at
peace with the said States; and all cases of aggression against said
Navajoes by citizens or others of the United States, or by other per¬
sons or powers in amity with the said States, shall be referred to the
Government of said States for adjustment and settlement.

III. The Government of the said States having the sole and exclu¬
sive right of regulating the trade and intercourse with the said Nava¬
joes, it is agreed that the laws now in force regulating the trade and
intercourse, and for the preservation of peace with the various tribes
of Indians under the protection and guardianship of the aforesaid Gov¬
ernment, shall have the same force and efficiency, and shall be as bind¬
ing and as obligatory upon the said Navajoes, and executed in the same
manner, as if said laws had been passed for their sole benefit and pro¬
tection; and to this end, and for all other useful purposes, the govern¬
ment of New Mexico, as now organized, or as it may be by the Gov¬
ernment of the United States, or by the legally constituted authorities
of the people of New Mexico, is recognized and acknowledged by the
said Navajoes; and for the due enforcement of the aforesaid laws, until
the Government of the United States shall otherwise order, the terri¬
tory of the Navajoes is hereby annexed to New Mexico.

IV. The Navajo Indians hereby bind themselves to deliver to the
military authority of the United States in New Mexico, at Sante Fe,
New Mexico, as soon as he or they can be apprehended, the murderer
or murderers of Micente Garcia, that said fugitive or fugitives from
justice may be dealt with as justice may decree.

V. All American and Mexican captives, and all stolen property
taken from Americans or Mexicans, or other persons or powers in
amity with the United States, shall be delivered by the Navajo Indians
to the aforesaid military authority at Jemez, New Mexico, on or before
the 9th day of October next ensuing, that justice may be meted out to
all whom it may concern; and also all Indian captives and stolen prop¬
erty of such tribe or tribes of Indians as shall enter into a similar
reciprocal treaty, shall, in like manner, and for the same purposes, be
turned over to an authorized officer or agent of the said States by the
aforesaid Navajoes.

VI. Should any citizen of the United States, or other person or per¬
sons subject to the laws of the United States, murder, rob, or other¬
wise maltreat any Navajo Indian or Indians, he or they shall be
arrested and tried, and, upon conviction, shall be subjected to all the
penalties provided by law for the protection of the persons and prop¬
erty of the people of the said States.

VII. The people of the United States of America shall have free
and safe passage through the territory of the aforesaid Indians, under
such rules and regulations as may be adopted by authority of the said
States.

S. Doc. 452 - 28

Navaho under juris¬
diction of the United
States.

Perpetual peace to
exist.

Laws now in force
regulating trade and
peace to be binding
upon the Navaho.

The Navaho to de¬
liver to the United
States murderer or
murderers of M. Gar¬
cia.

Captives and stolen
property to be deliv¬
ered to United States,
by the 9th Oct., 1850.

Citizens of the
United States com¬
mitting outrages upon
Navaho to be sub-
j ected to the penalties
of law.

Free passage
through their terri¬
tory.

434

TREATY WITH THE UTAHS, 1849.

a enciesry to ° be &ef VIII. In order to preserve tranquility, and to afford protection to
tablished. )e es’ all the people and interests of the contracting parties, the Government
of the United States of America will establish such military posts and
agencies, and authorize such trading-houses, at such time and in such
places as the said Government may designate.
toT alj iSt^toritoriai IX- Relying confidently upon the justice and the liberality of the
boundaries. aforesaid Government, and anxious to remove every possible cause

that might disturb their peace and quiet, it is agreed by the aforesaid
Nava joes that the Government of the United States shall, at its earliest
convenience, designate, settle, and adjust their territorial boundaries,
and pass and execute in their territory such laws as may be deemed
conducive to the prosperity and happiness of said Indians.
and°SiementfteoS X. For and in consideration of the faithful performance of all the
given. stipulations herein contained by the said Navajo Indians, the Govern¬

ment of the United States will grant to said Indians such donations,
presents, and implements, and adopt such other liberal and humane
measures, as said Government may deem meet and proper,
signed? ar^dto^eceive XI. This treaty shall be binding upon the contracting parties from

a liberal construction, and after the signing of the same, subject only to such modifications
and amendments as may be adopted by the Government of the United
States; and, finally, this treaty is to receive a liberal construction, at
all times and in all places, to the end that the said Navajo Indians shall
not be held responsible for the conduct of others, and that the Gov¬
ernment of the United States shall so legislate and act as to secure the
permanent prosperity and happiness of said Indians.

TREATY WITH THE UTAHS, 1849.

Dec. 30, 1849. The following articles have been duly considered and solemnly
9 stats., 984. adopted by the undersigned, that is to say, James S. Calhoun, Indian

septn9?i85o°f Senate’ agent, residing at Santa Fe, acting as commissioner on the part of the
9 g?0ciamation’ Sept' United States of America, and Quixiacbigiate, Nanito, Nincocunachi,
Abaganixe, Ramahi, Subleta, Rupallachi, Saguasoxego, Paguisachi,
Cobaxanor, Amuche, Puigniachi, Panachi, Sichuga, Uvicaxinape,
Cuchuticay, Nachitope, Pueguate, Guano Juas, Pacachi, Saguanchi,
Acaguate nochi, Puibuquiacte, Quixache tuate, Saxiabe, Pichiute,
Nochichigue, Uvive, principal and subordinate chiefs, representing
the Utah tribe of Indians.

k?oawiedgeantbem- I- The Utah tribe of Indians do hereby acknowledge and declare
selves under j urisdic- they are lawfully and exclusively under the jurisdiction of the Gov-
states0* the Umted ernment of said States: and to its power and authority they now uncon¬
ditionally submit.

tieCseand°peacehtoex- H. From and after the signing of this treaty, hostilities between
1st. the contracting parties shall cease, and perpetual peace and amity

shall exist, the said tribe hereby binding themselves most solemnly
never to associate with, or give countenance or aid to, any tribe
or band of Indians, or other persons or powers, who may be, at
any time, at enmity with the people or Government of said States;
and that they will, in all future time, treat honestly and humanely
every citizen of the United States, and all persons and powers at peace
with the said States, and all cases of aggression against the said
- Utahs shall be referred to the aforesaid Government for adjustment
and settlement.

stored* to s the united HI- All American and Mexican captives, and others, taken from

states before Mar. i, persons or powers at peace with the said States shall be restored and
delivered by said Utahs to an authorized officer or agent of said States,
at Abiquin, on or before the first day of March, in the year of our
Lord one thousand eight hundred and fifty. And, in like manner, all
stolen property, of every description, shall be restored by or before

435

TREATY WITH THE UTAHS, 1849.

the aforesaid first day of March, 1850. In the event such stolen prop¬
erty shall have been consumed or destroyed, the said Utah Indians do
agree and are hereby bound to make such restitution and under such
circumstances as the Government of the United States may order and
prescribe. But this article is not to be so construed or understood, as
to create a claim against said States, for any losses or depredations
committed by said Utahs.

IV. The contracting parties agree that the laws now in force, and
such others as may be passed, regulating the trade and intercourse,
and for the preservation of peace with the various tribes of Indians
under the protection and guardianship of the Government of the
United states, shall be as binding and obligatory upon the said Utahs
as if said laws had been enacted for their sole benefit and protection.
And that said laws may be duly executed, and for all other useful pur¬
poses, the territory occupied by the Utahs is hereby annexed to New
Mexico as now organized or as it may be organized or until the Gov¬
ernment of the United States shall otherwise order.

V. The people of the United States, and all others in amity with
the United States, shall have free passage throug'h the territory of
said Utahs, under such rules and regulations as may be adopted by
authority of said States.

VI. In order to preserve tranquility, and to afford protection to all
the people and interests of the contracting parties, the Government of
the United States will establish such military posts and agencies, and
authorize such trading-houses, at such time and in such places as the
said Government may designate.

VII. Relying confidently upon the justice and liberality of the
United States, and anxious to remove every possible cause that might
disturb their peace and quiet, it is agreed by the Utahs that the afore¬
said Government shall, at its earliest convenience, designate, settle,
and adjust their territorial boundaries, and pass and execute such laws,
in their territory, as the Government of said States may deem con¬
ducive to the happiness and prosperity of said Indians. And the said
Utahs, further, bind themselves not to depart from their accustomed
homes or localities unless specially permitted by an agent of the afore¬
said Government; and so soon as their boundaries are distinctly
defined, the said Utahs are further bound to confine themselves to said
limits, under such rules as the said Government may prescribe, and to
build up pueblos, or to settle in such other manner as will enable
them most successfully to cultivate the soil, and pursue such other
industrial pursuits as will best promote their happiness and pros¬
perity: and they now deliberately and considerately, pledge their
existence as a distinct tribe, to abstain, for all time to come, from all
depredations; to cease the roving and rambling habits which have
hitherto marked them as a people; to confine themselves strictly to
the limits which may be assigned them; and to support themselves by
their own industry, aided and directed as it may be by the wisdom,
justice, and humanity of the American people.

VIII. For, and in consideration of the faithful performance of all
the stipulations contained in this treaty by the said Utahs, the Gov¬
ernment of the United States will grant to said Indians such donations,
presents, and implements, and adopt such other liberal and humane
measures, as said Government may deem meet and proper.

IX. This treaty shall be binding upon the contracting parties from
and after the signing of the same, subject, in the first place, to the
approval of the civil and military governor of New Mexico, and to
such other modifications, amendments, and orders as may be adopted
by the Government of the United States.

Stolen property to
be returned or resti¬
tution made.

Laws now in force
regulating trade and
peace with Indians to
be extended over the
Utahs, and territory
occupied by them is
annexed to New Mex¬
ico.

Free passage
through their terri¬
tory.

Military posts and
agencies to be estab¬
lished.

The United States to
limit boundaries and
provide laws.

The Utahs to live
within their limits,
and cultivate the soil.

The United States
to grant presents,
donations, and imple¬
ments.

Obligations of this
treaty.

436

TREATY WITH THE WYANDOT, 1850.

Apr. 1, 1850.

9 Stat., 987.

Consent of the Sen¬
ate, Sept. 24, 1850.

Proclamation, Sept.
30, 1850.

Preamble.

In consideration
that the Wyandots re¬
linquish all claim to
certain lands, the
United States agree to
pay to them $100,000,
to be invested in Gov¬
ernment stocks at 5
per cent per annum,
and $85,000 shall be
paid to them or on
their drafts.

Expenses of negoti¬
ating this treaty to be
paid by the United
States.

TREATY WITH THE WYANDOT, 1850.

Articles of a convention concluded in the city of Washington , this first
day of April, one thousand eight hundred and fifty, by and between
Ardrnan S. Loughery , commissioner especially appointed by the
President of the United States , and the undersigned head chief and
deputies of the Wyandot tribe of Indians , duly authorized and empow¬
ered to act for their tribe.

Whereas, By the treaty of March 17, 1842, between the United States
and the Wyandot nation of Indians, then chiefly residing within the
limits of the State of Ohio, the said nation of Indians agreed to sell
and transfer, and did thereby sell and transfer, to the United States
their reservations of land, one hundred and nine thousand acres of
which was in the State of Ohio, and Six thousand acres were in the
State of Michigan, and to remove to the west of the Mississippi River:
And whereas, among other stipulations it was agreed that the United
States should convey to said Indians a tract of country for their perma¬
nent settlement in the Indian territory west of the Mississippi River, to
contain one hundred an [and] forty-eight thousand acres of land: And
whereas, The said Indians never did receive the said one hundred and
fort}^-eight thousand acres of land from the United States, but were
forced to purchase lands from the Delaware nation of Indians, which
purchase was agreed to and ratified by the United States: Now, in
order to settle the claim of the Wyandot Tribe of Indians to said land,
the United States having appointed A. S. Loughery a commissioner
on their part, who, with the undersigned delegates from the Wyandot
nation, have agreed to the following treaty:

Article 1.

The United States, in consideration that the Wyandot nation of
Indians shall and do hereby release, relinquish, and give up all claim
to the said one hundred and forty-eight thousand acres of land agreed
to be assigned and given to them by the treaty of March 17, 1842,
hereby stipulate and agree to pay to the said Wyandot tribe of Indians
the sum of one hundred and eighty- five thousand dollars, being at and
after the rate of one dollar and twenty -five cents per acre, in the man¬
ner and form following, to wit: One hundred thousand dollars to be
invested in United States Stocks, bearing five per cent, interest per
annum, which interest shall be paid to them at the time and in the
manner in which their present annuities are paid — and for the purpose
of enabling the Wyandot Indians to pay and extinguish all their just
debts, as well what is now due to the Delawares for the purchase of
their lands as to others, the balance of said sum, being the sum of
eighty-five thousand dollars, shall be paid to the Wyandot nation,
or on their drafts, specifically describing for what the drafts are given.

Article 2.

All the reasonable expenses attending the negotiation of this treaty,
including a reasonable allowance for the expenses of the delegation,
signers hereto, in coming to Washington, whilst here on the business
connected herewith, and in returning to their nation, shall be defrayed
by the United States.

TREATY WITH SIOUX, ETC., 1851.

437

TREATY WITH SIOUX— SISSETON AND WAHPETON BANDS, 1851.

Articles of a treaty made, and concluded at Traverse des Sioux , upon
the Minnesota River, in the Territory of Minnesota , on the twenty-
third day of July, eighteen hund/red and fifty-one, between the United
States of America, by Luke Lea, Commissioner of Indian Affairs,
and Alexander Ramsey, governor and ex-officio superintendent of
Lndian affairs in said Territory, commissioners duly appointed for
that purpose , and See-see-toan and Wah-pay-toan bands of Dakota
or Sioux Indians.

Article 1. It is stipulated and solemnly agreed that the peace and
friendship now so happily existing between the United States and the
aforesaid bands of Indians, shall be perpetual.

Article 2. The said See-see-toan and Wah-pay-toan bands of
Dakota or Sioux Indians, agree to cede, and do hereby cede, sell, and
relinquish to the United States, all their lands in the State of Iowa;
and, also all their lands in the Territory of Minnesota, lying east of the
folio wing line, to wit: Beginning at the junction of the Buffalo River
with the Red River of the North; thence along the western bank of
said Red River of the North, to the mouth of the Sioux Wood River;
thence along the western bank of said Sioux Wood River to Lake
Traverse ; thence, along the western shore of said lake, to the southern
extremity thereof; thence in a direct line, to the junction of Kampeska
Lake with the Tchan-kas-an-data, or Sioux River; thence. along the
western bank of said river to its point of intersection with the north¬
ern line of the State of Iowa; including all the islands in said rivers
and lake.

Article 3. [Stricken out.]

Article 4. In further and full consideration of said cession, the
United States agree to pay to said Indians the sum of one million six
hundred and sixty-five thousand dollars ($1,665,000,) at the several
times, in the manner and for the purposes following, to wit:

1st. To the chiefs of the said bands, to enable them to settle their
affairs and comply with their present just engagement; and in consid¬
eration of their removing themselves to the country set apart for them
as above, which they agree to do within two years, or sooner, if
required by the President, without further cost or expense to the
United States, and in consideration of their subsisting themselves the
first year after their removal, which they agree to do without further
cost or expense on the part of the United States, the sum of two hun¬
dred and seventy-five thousand dollars, ($275,000): Provided, That
said sum shall be paid to the chiefs in such manner as they, hereafter,
in open council shall request, and as soon after the removal of said
Indians to the home set apart for them, as the necessary appropria¬
tion therefor shall be made by Congress.

2d. To be laid out under the direction of the President for the
establishment of manual-labor schools; the erection of mills and
blacksmith shops, opening farms, fencing and breaking land, and for
such other beneficial objects as may be deemed most conducive to the
prosperity and happiness of said Indians, thirty thousand dollars,
($30,000.)

The balance of said sum of one million six hundred and sixty-five
thousand dollars, ($1,665,000,) to wit: one million three hundred and
sixty thousand dollars ($1,360,000) to remain in trust with the United
States, and five per cent, interest thereon to be paid, annually, to said
Indians for the period of fifty years, commencing the first day of J uly,
eighteen hundred and fifty-two (1852,) which shall be in full payment
of said balance, principal and interest, the said payment to be applied
under the direction of the President, as follows, to wit:

July 23, 1851.

10 Stats., 949.
Proclamation, Feb.
24, 1853.

Peace to exist.

Cession of ,lands to
the United States.

Payment to said In¬
dians.

Proviso.

438

TREATY WITH SIOUX, ETC., 1851.

3d. For a general agricultural improvement and civilization fund,
the sum of twelve thousand dollars, ($12,000.)

4th. For educational purposes, the sum of six thousand dollars,

($6,000.)

5th. For the purchase of goods and provisions, the sum of ten thou¬
sand dollars, ($10,000.)

6th. For money annuity, the sum of forty thousand dollars, ($40,000.)
Laws respecting liq- Article 5. The laws of the United States prohibiting the introduc-
force.t0 remain in tion and sale of spirituous liquors in the Indian country shall be in full
force and effect throughout the territory hereby ceded and lying in
Minnesota until otherwise directed by Congress or the President of
the United States.

Ruies may be pre- Article 6. Rules and regulations to protect the rights of persons
and property among the Indians, parties to this treaty, and adapted to
their condition and wants, may be prescribed and enforced in such man¬
ner as the President or the Congress of the United States, from time
to time, shall direct.

SUPPLEMENTAL ARTICLE.

Payment for land 1st. The United States do hereby stipulate to pay the Sioux bands
ceded- of Indians, parties to this treaty, at the rate of ten cents per acre, for

the lands included'in the reservation provided for in the third article
of the treaty as originally agreed upon in the following words:

“Article 3. In part consideration of the foregoing cession, the
United States do hereby set apart for the future occupancy and home
of the Dakota Indians, parties to this treaty, to be held by them as
Indian lands are held, all that tract of country on either side of the
Minnesota River, from the western boundary of the lands herein ceded,
east, to the Tchay-tam-bay River on the north, and to Yellow Medicine
River on the south side, to extend, on each side, a distance of not less
than ten miles from the general course of said river; the boundaries
of said tract to be marked out by as straight lines as practicable, when¬
ever deemed expedient by the President, and in such manner as he shall
direct:” which article has been stricken out of the treaty by the Senate,
the said payment to be in lieu of said reservation: the amount when
ascertained under instructions from the Department of the Interior,
to be added to the trust-fund provided for in the fourth article.

Land to be set apart 2d. It is further stipulated, that the President be authorized, with

for said Indians. the assent of the said band of Indians, parties to this treaty, and as
soon after they shall’ have given their assent to the f oregoing article ,
as may be convenient, to cause to be set apart by appropriate land¬
marks' and boundaries, such tracts of country without the limits of the
cession made by the first [2d] article of the treaty as may be satisfactory
proviso. for their future occupancy and home: Provided , That the President

may, by the consent of these Indians, vary the conditions aforesaid
if deemed expedient.

TREATY WITH SIOUX— MDEWAKANT0N AND WAHPAK00TA
BANDS, 1851.

Aug. 5, i85i. Articles of a treaty made and concluded at Mendota , in the Territory

10 Stats., 954 0f Minnesota , on the fifth day of August, eighteen hundred andfifty-

i853rOC‘aime e ‘ ’ one , between the United States of America , by Luke Lea , Oommis-
sioner of Indian Affairs , and Alexander Ramsey , governor and
ex-officio superintendent of Indian affairs in said Territory , com¬
missioners duly appointed for that purpose , and the Med-ay-wa-kan-
toan and Wah-pay-koo-tay bands of Dakota and Sioux Indians.

siJpace and Mend‘ Article 1. The peace and friendship existing between the United
States and the Med-ay-wa-kan-toan and Wah-pay-koo-tay bands of
Dakota or Sioux Indians shall be perpetual.

TREATY WITH SIOUX, ETC., 1851.

439

Article 2. The said Med-ay-wa-kan-toan and Wah-pay-koo-tay
bands of Indians do hereby cede and relinquish all their lands and all
their right, title and claim to any lands whatever, in the Territory of
Minnesota, or in the State of Iowa.

Article 3. [Stricken out.]

Article 4. In further and full consideration of said cession and
relinquishment, the United States agree to pay to said Indians the sum
of one million four hundred and ten thousand dollars, ($1,410,000,) at
the several times, in the manner and for the purposes following,
to wit:

Cession of lands in
Minnesota and Iowa.

Payment for said
cession.

1st. To the chiefs of the said bands, to enable them to settle their
affairs and comply with their present just engagements; and in con¬
sideration of their removing themselves to the country set apart for
them as above, (which they agree to do within one year after the rat¬
ification of this treaty, without further cost or expense to the United
States,) and in consideration of their subsisting themselves the first
year after their removal, (which they agree to do without further cost
or expense on the part of the United States,) the sum of two hundred
and twenty thousand dollars ($220,000.) Provided , That said sum shall
be paid, one-half to the chiefs of the Med-ay-wa-kan-toan band, and
one-half to the chief and headmen of the Wah-pay-koo-tay band, in
such manner as they, hereafter, in open council, shall respectively
request, and as soon after the removal of said Indians to the home set
apart for them as the necessary appropriations therefor shall be made
by Congress.

2d. To be laid out, under the direction of the President, for the estab¬
lishment of manual-labor schools; the erection of mills and blacksmith
shops, opening farms, fencing and breaking land, and for such other
beneficial objects as may be deemed most conducive to the prosperity
and happiness of said Indians, thirty thousand dollars ($30,000.)

The balance of said sum of one million four hundred and ten thou¬
sand dollars, ($1,410,000,) to wit: one million, one hundred and sixty
thousand dollars ($1,160,000) to remain in trust with the United States,
and five per cent, interest thereon to be paid annually to said Indians
for the period of fifty years, commencing on the first day of July,
eighteen hundred and fifty -two (1852,) which shall be in full payment
of said balance, principal and interest: said payments to be made and
applied, under the direction of the President as follows, to wit:

3d. For a general agricultural improvement and civilization fund,
the sum of twelve thousand dollars, ($12,000.)

4th. For educational purposes, the sum of six thousand dollars,

($6,000.)

5th. For the purchase of goods and provisions, the sum of ten thou¬
sand dollars, ($10,000.)

6th. For money annuity, the sum of thirty thousand dollars, ($30,000.)

Article 5. The entire annuity, provided for in the first section of yThe . annmty t pro¬
file second article of the treaty of September twenty-ninth, eighteen Sid in money.7 10 e
hundred and thirty-seven, (1837,) including an unexpended balance
that may be m the Treasury on the first of J uly, eighteen hundred and
fifty-two, (1852,) shall thereafter be paid in money.

Article 6. The laws of the United States prohibiting the introduc- Spirituous liquors,
tion and sale of spirituous liquors in the Indian country shall be in full
force and effect throughout the territory hereby ceded and lying in
Minnesota until otherwise directed by Congress or the President of the
United States. ,

Article 7. Rules and regulations . to protect the rights of persons tioRus|es and regula'
and property among the Indian parties to this Treaty, and adapted to
their condition and wants, may be prescribed and enforced in such
manner as the President or the Congress of the United States, from
time to time, shall direct.

440

TREATY OF FORT LARAMIE WITH SIOUX, ETC,, 1851.

SUPPLEMENTAL ARTICLE.

eeSonent for said The United States do hereby stipulate to pay the Sioux bands

of Indians, parties to this treaty, at the rate of ten cents per acre, for
the lands included in the reservation provided for in the third article
of the treaty as originally agreed upon in the following words:

Tract of land to be “Article 3. In part consideration of the foregoing cession and
set apart. relinquishment, the United States do hereby set apart for the future

occupancy and home of the Dakota Indians, parties to this treaty, to
be held by them as Indian lands are held, a tract of country of the
average width of ten miles on either side of the Minnesota River, and
bounded on the west by the Tchaytam-bay and Yellow Medicine Riv¬
ers, and on the east by the Little Rock River and a line running due
south from its mouth to the Waraju River; the boundaries of said
tract to be marked out by as straight lines as practicable, whenever
and in such manner as the President of the United States shall direct:

To be occupied m Provided , That said tract shall be held and occupied by said bands in
common, and that they shall hereafter participate equally and alike,
in all the benefits derived from any former treaty between said bands,
or either of them, and the United States,” which article has been
stricken out of the treaty by the Senate. The said payment to be in
lieu of said reservation; the amount, when ascertained under instruc¬
tions from the Department of the Interior, to be added to the trust
fund provided for in the fourth article.

2d. It is further stipulated that the President be authorized, with
the assent of the said bands of Indians, parties to this treaty, and as
soon after they shall have given their assent to the foregoing article,
as may be convenient, to cause to be set apart by appropriate land¬
marks and boundaries, such tracts of country without the limits of the
cession made by the first article of the treaty as may be satisfactory
for their future occupancy and home: Provided , That the President
may, by the consent of these Indians, vary the conditions aforesaid if
deemed expedient.

TREATY OF FORT LARAMIE WITH SIOUX, ETC., 1851.

[The following treaty, though never ratified or printed, is sometimes
referred to in appropriations and in other treaties; for instance, treaty
with the Sioux, Yankton tribe, proclaimed February 26, 1859.]

sept. 17, i85i. Articles of a treaty made and concluded at Fort Laramie , in the Indian
li stats., p. 749. Territory , between D. I). Mitchell , superintendent of Indian affairs ,

and Thomas Fitzpatrick , Indian agent , commissioners specially
appointed and authorized by the President of the United States , of
the first partn and the chiefs , headmen , and braves of the following
Indian nations , residing south of the Missouri River , east of the
Rocky Mountains, and north of the limes of Texas and New Mexico ,
viz , the Sioux or Dahcotahs , Cheyennes , Arrapahoes , Crows , Assina-
boines , Gros- Ventre Mandans , and Arrickaras , parties of the second
part , on the seventeenth day of September , A. I), one thousand eight
hundred and fifty-one.

Peace to be ob- Article 1. The aforesaid nations, parties to this treaty, having
assembled for the purpose of establishing and confirming peaceful
relations amongst themselves, do hereby covenant and agree to abstain
in future from all hostilities whatever against each other, to maintain
good faith and friendship in all their mutual intercourse, and to make
an effective and lasting peace.

Roads may be estab- Article 2. The aforesaid nations do hereby recognize the right of
the United States Government to establish roads, military and other
posts, within their respective territories.

TREATY OF FORT LARAMIE WITH SIOUX, ETC., 1851.

441

Article 3. In consideration of the rights and privileges acknowl¬
edged in the preceding article, the United States bind themselves to
protect the aforesaid Indian nations against the commission of all depre¬
dations by the people of the said United States, after the ratification
of this treaty.

Article 4. The aforesaid Indian nations do hereby agree and bind
themselves to make restitution or satisfaction for any wrongs com¬
mitted, after the ratification of this treaty, by any band or individual
of their people, on the people of the United States, whilst lawfully
residing in or passing through their respective territories.

Article 5. The aforesaid Indian nations do hereby recognize and
acknowledge the following tracts of country, included within the metes
and boundaries hereinafter designated, as their respective territories,
viz:

The territory of the Sioux or Dahcotah Nation, commencing the
mouth of the White Earth River, on the Missouri River; thence in a
southwesterly direction to the forks of the Platte River; thence up
the north fork of the Platte River to a point known as the Red Bute,
or where the road leaves the river; thence along the range of moun¬
tains known as the Black Hills, to the head-waters of Heart River;
thence down Heart River to its mouth; and thence down the Missouri
River to the place of beginning.

The territory of theGros Ventre, Mandans, and Arrickaras Nations,
commencing at the mouth of Heart River; thence up the Missouri
River to the mouth of the Yellowstone River; thence up the Yellow¬
stone River to the mouth of Powder River in a southeasterly direction,
to the head- waters of the Little Missouri River; thence along the
Black Hills to the head of Heart River, and thence down Heart River
to the place of beginning.

The territory of the Assinaboin Nation, commencing at the mouth
of Yellowstone River; thence up the Missouri River to the mouth of
the Muscle-shell River; thence from the mouth of the Muscle-shell
River in a southeasterly direction until it strikes the head- waters of
Big Dry Creek; thence down that creek to where it empties into the
Yellowstone River, nearly opposite the mouth of Powder River, and
thence down the Yellowstone River to the place of beginning.

The territory of the Blackfoot Nation, commencing at the mouth of
Muscle-shell River; thence up the Missouri River to its source; thence
along the main range of the Rocky Mountains, in a southerly direction,
to the head-waters of the northern source of the Yellowstone River;
thence down the Yellowstone River to the mouth of Twenty -five Yard
Creek; thence across to the head- waters of the Muscle-shell River, and
thence down the Muscle-shell River to the place of beginning.

The territory of the Crow Nation, commencing at the mouth of
Powder River on the Yellowstone; thence up Powder River to its
source; thence along the main range of the Black Hills and Wind
River Mountains to the head- waters of the Yellowstone River; thence
down the Yellowstone River to the mouth of Twenty-five Yard Creek;
thence to the head-waters of the Muscle-shell River; thence down the
Muscle-shell River to its mouth; thence to the head- waters of Big Dry
Creek, and thence to its mouth.

The territory of the Cheyennes and Arrapahoes, commencing at the
Red Bute, or the place where the road leaves the north fork of the
Platte River; thence up the north fork of the Platte River to its
source; thence along the main range of the Rocky Mountains to the
head- waters of the Arkansas River; thence down the Arkansas River
to the crossing of the Santa Fe road; thence in a northwesterly direc¬
tion to the forks of the Platte River, and thence up the Platte River
to the place of beginning.

It is however, understood that, m making this recognition and
acknowledgement, the aforesaid Indian nations do not hereby abandon

Indians to be pro¬
tected.

Depredations on
whites to be satisfied.

Boundaries of lands

Sioux.

Grosventre, etc.

Assiniboin.

Blackfoot.

Crow.

Cheyenne and Ara-
paho.

Rights in other
lands.

442

TREATY WITH THE CHICKASAW, 1852.

or prejudice any rights or claims they may have to other lands; and
further, that they do not surrender the privilege of hunting, fishing,
or passing over any of the tracts of country heretofore described.

tribes4 chiefs of said Article 6. The parties to the second part of this treaty having
selected principals or head-chiefs for their respective nations, through
whom all national business will hereafter be conducted, do hereby
bind themselves to sustain said chiefs and their successors during good
behavior.

Annuities. Article 7. In consideration of the treaty stipulations, and for the

damages which have or may occur by reason thereof to the Indian
nations, parties hereto, and for their maintenance and the improve¬
ment of their moral and social customs, the United States bind them¬
selves to deliver to the said Indian nations the sum of fifty thousand
dollars per annum for the term of ten years, with the right to con¬
tinue the same at the discretion of the President of the United States
for a period not exceeding five years thereafter, in provisions, mer¬
chandise, domestic animals, and agricultural implements, in such pro¬
portions as may be deemed best adapted to their condition by the
President of the United States, to be distributed in proportion to the
population of the aforesaid Indian nations.

edAnbylivioiationenof Article 8. It is understood and agreed that should any of the

treaty. Indian nations, parties to this treaty, violate any of the provisions

thereof, the United States may withhold the whole or a portion of the
annuities mentioned in the preceding article from the nation so offend¬
ing, until, in the opinion of the President of the United States, proper
satisfaction shall have been made.

TREATY WITH THE CHICKASAW, 1852.

June 22, 1852.

lOStat.,974.
Ratified with
amendments, Aug. 13,

1852.

Proclaimed, Feb. 24,

1853.

Articles of a treaty concluded at Washington , on the %%nd day of June ,
185%, between Kenton Harper , commissioner on the part of the United
States , and Colonel Edmund Pickens , Benjamin S. Love , and Samp¬
son Folsom , commissioners duly appointed for that purpose , by the
Chickasaw tribe of Indians.

among11 the chick a6 Article 1. The Chickasaw tribe of Indians acknowledge themselves

saws. to be under the guardianship of the United States, and as a means of

securing the protection guaranteed to them by former treaties, it is
agreed that an Agent of the United States shall continue to reside
among them.

lands? °f CMckasaw Article 2. That the expenses attending the sale of the land ceded
by the Chickasaws to the United States, under the treaty of 1832, hav¬
ing, for some time past, exceeded the receipts, it is agreed that the
remnant of the lands so ceded and yet unsold, shall be disposed of as
soon as practicable, under the direction of the President of the United
States in such manner and in such quantities, as, in his judgement, shall
be least expensive to the Chickasaws, and most condusive to their
Burial ground in benefit: Provided, That a tract of land, including the grave-yard near
Pontotoc. the town of Pontotoc, where many of the Chickasaws and their white

friends are buried, and not exceeding four acres in quantity, shall be,
and is hereby set apart and conveyed to the said town of Pontotoc to
be held sacred for the purposes of a public burial-ground forever.
ofSecwckasaw°sf to^a Article 3. It is hereby agreed that the question of the right of the
tract in Tennessee. Chickasaws, so long contended for by them, to a reservation of four
miles square on the River Sandy, in the State of Tennessee, and par¬
ticularly described in the 4th article of the treaty concluded at Old-
town, on the 19th day of October, 1818, shall be submitted to the Sec¬
retary of the Interior who shall decide, what amount, if any thing,

443

TREATY WITH THE CHICKASAW, 1852.

shall be paid to the Chickasaws for said reservation: Provided, how- Proviso,
ever, That the amount so to be paid shall not exceed one dollar and
twenty -five cents per acre.

Article 4. The Chickasaws allege that in the management and dis- settlement of chick-
bursement of their funds by the government, they have been subjected “
to losses and expenses which properly should be borne by the United
States. With the view, therefore, of doing full justice in the premises,
it is hereby agreed that there shall be, at as early a day as practicable,
an account stated, under the direction of the Sec retar v of the Interior,
exhibiting in detail all the moneys which, from time to time, have been
placed in the Treasury to the credit of the Chickasaw nation, resulting
from the treaties of 1832, and 1834, and all the disbursements made
therefrom. And said account as stated, shall be submitted to the
Chickasaws, who shall have the privilege, within a reasonable time, of
filing exceptions thereto, and any exceptions so filed shall be referred
to the Secretary of the Interior, who shall adjudicate the same accord¬
ing to the principles of law and equity, and his decisions shall be final
and conclusive on all concerned.

It is also alleged by the Chickasaws that there are numerous cases
in which moneys held in trust by the United States for the benefit of
orphans and incompetent Chickasaws, have been wrongfully paid out
to persons having no right to receive the same. It is therefore further
agreed, that all such cases shall be investigated by the Agent of the
United States under the direction of the Secretary of the Interior.

And if it shall appear to the satisfaction of said Secretary, that
any of the orphans and incompetents have been defrauded by such
wrongful payments, the amount thus misapplied shall be accounted for
by the United States, as if no such payment had been made: Provided ,

That the provisions of this article shall not be so construed as to impose
any obligations on the United States to reimburse any expenditures
heretofore made in conformity with the stipulations contained in the
treaties of 1832 and 1834: And provided further , That the United
States shall not be liable to repay moneys held in trust for the benefit
of orphans and incompetent Chickasaws, in any case in which payment
of such moneys has been made upon the recommendation or certificate
of the persons appointed for that purpose in the Fourth Article of the
Treaty of 1834, or of their successors, and in other respects in con¬
formity with the provisions of that article: And provided further,

That the United States shall not be held responsible for any reserva¬
tion of land or of any sale, lease, or other disposition of the same,
made, sold, leased, or otherwise disposed of, in conformity with the
several provisions of said treaties of 1832 and 1834.

Article 5. The Chickasaws are desirous that the whole amount of Chickasaw fund to
their national fund shall remain with the United States, in trust for be held m trust-
the benefit of their people, and that the same shall on no account be
diminished. It is, therefore, agreed that the United States shall con¬
tinue to hold said fund, intrust, as aforesaid, and shall constantly keep
the same invested in safe and profitable stocks, the interest upon which
shall be annually paid to the Chickasaw nation: Provided , That so much Proviso,
of said funds as the Chickasaws may require for the purpose of ena¬
bling them to effect the permanent settlement of their tribe as contem¬
plated by the treaty of 1834, shall be subject to the control of their
General Council.

Article 6. The powers and duties confered on certain persons par¬
ticularly mentioned in the 4th article of the treaty of 1834, and their
successors in office, shall hereafter be vested in and performed by the
General Council of the Chickasaws, or such officers as may be by said
council appointed for that purpose; and no certificate or deed given
or executed by the persons aforesaid, from which the approval of the

444

TREATY WITH THE APACHE, 1852.

Payment of ' the
Chickasaw funds re¬
stricted.

Proviso.

Accounts.

Expenses of the
treaty.

Payments: to whom
to be made.

July 1, 1852.

10 Stat, 979.
Ratified Mar.

23,

Proclaimed Mar. 25,
1853.

Authority of the
United States ac¬
knowledged.

Peace to exist.

The Apaches not to
assist other tribes in
hostilities.

Good treatment of
citizens of the United
States and nations at
peace with them.

Cases of aggression
on them to be referred
to Government.

Laws to be con¬
formed to.

President of the United States has once been withheld, shall be here¬
after approved unless the same shall first receive the sanction of the
Chickasaw Council, or the officers appointed as aforesaid, and of the
agent of the United States for said Chickasaw nation.

Article 7. No claim or account shall hereafter be paid by the Gov¬
ernment of the United States out of the Chickasaw fund, unless the
same shall have first been considered and allowed by the Chickasaw
General Council: Provided , however , That this clause shall not effect
jmyment upon claims existing contracts made by authority of the
Chickasaw General Council, or interfere with the^ due administration
of the acts of Congress, regulating trade and intercourse with the
Indian tribes.

Article 8. It is further agreed, that regular semiannual accounts
of the receipts and disbursements of the Chickasaw fund shall be
furnished the Chickasaw Council by the Government of the United
States.

^ Article 9. The sum of fifteen hundred dollars shall be paid the
Chickasaw nation, in full of expenses incurred by their commissioners
in negotiating this treaty.

Article 10. And it is further stipulated, That in no case hereafter,
shall any money due or to be paid under this treaty or any former
treaty between the same contracting parties be paid to any agent or
attorney; but shall in all cases be paid directly to the party or parties
primarily entitledt hereto.

TREATY WITH THE APACHE, 1852.

Articles of a treaty made and enterred into at Santa Fe, New Mexico , on
the first day of July in the year of our Lord one thousand eight hun¬
dred and fifty-two, by and between Col. F. V. Sumner , U. S. A.,
commanding the 9th Departmmt and in charge of the executive office
of New Mexico , and John Greiner , Indian agent in and for the Ter¬
ritory of New Mexico, and acting superintendent of Indian affairs
of said Territory , representing the United States , and Cuentas,
Azules, Blancito , Negrito, Capitan Simon , Capitan Vuelta , and
Mangus Colorado , chiefs, acting on the part of the Apache Nation
of Indians, situate and living within the limits of the United States.

Article 1. Said nation or tribe of Indians through their author¬
ized Chiefs aforesaid do hereby acknowledge and declare that they are
lawfully and exclusively under the laws, jurisdiction, and government
of the United States of America, and to its power and authority they
do hereby submit.

Article 2. From and after the signing of this Treaty hostilities
between the contracting parties shall forever cease, and perpetual
peace and amity shall forever exist between said Indians and the
Government and people of the United States; the said nation, or tribe
of Indians, hereby binding themselves most solemnly never to asso¬
ciate with or give countenance or aid to any tribe or band of Indians,
or other persons or powers, who may be at any time at war or enmity
with the government or people of said United States.

Article 3. Said nation, or tribe of Indians, do hereby bind them¬
selves for all future time to treat honestly and humanely all citizens of
the United States, with whom they have intercourse, as well as all per¬
sons and powers, at peace with the said United States, who may be
lawfully among them, or with whom they may have any lawful inter¬
course.

Article 4. All said nation, or tribe of Indians, hereby bind them¬
selves to refer all cases of aggression against themselves or their prop¬
erty and territory, to the government of the United States for adjust¬
ment, and to conform in all things to the laws, rules, and regulations
of said government in regard to the Indian tribes.

TEE AT Y WITH THE COMANCHE, ETC., 1853.

445

Article 5. Said nation, or tribe of Indians, do hereby bind them¬
selves for all future time to desist and refrain from making any u incur¬
sions within the Territory of Mexico” of a hostile or predatory
character; and that they will for the future refrain from taking and
conveying into captivity any of the people or citizens of Mexico, or
the animals or property of the people or government of Mexico; and
that they will, as soon as possible after the signing of this treaty, sur¬
render to their agent all captives now in their possession.

Article 6. Should any citizen of the United States, or other per¬
son or persons subject to the laws of the United States, murder, rob,
or otherwise maltreat any Apache Indian or Indians, he or they shall
be arrested and tried, and upon conviction, shall be subject to all the
penalties provided by law for the protection of the persons and prop¬
erty of the people of the said States.

Article 7. The people of the United States of America shall have
free and safe passage through the territory of the aforesaid Indians,
under such rules and regulations as may be adopted by authority of
the said States.

Article 8. In order to preserve tranquility and to afford protection
to all the people and interests of the contracting parties, the govern¬
ment of the United States of America will establish such military posts
and agencies, and authorize such trading houses at such times and
places as the said government may designate.

Article 9. Relying confidently upon the justice and the liberality
of the aforesaid government, and anxious to remove every possible
cause that might disturb their peace and quiet, it is agreed by the
aforesaid Apache’s that the government of the United States shall at
its earliest convenience designate, settle, and adjust their territorial
boundaries, and pass and execute in their territory such laws as may be
deemed conducive to the prosperity and happiness of said Indians.

Article 10. For and in consideration of the faithful performance
of all the stipulations herein contained, by the said Apache’s Indians,
the government of the United States will grant to said Indians such
donations, presents, and implements, and adopt such other liberal and
humane measures as said government may deem meet and proper.

Article 11. This Treaty shall be binding upon the contracting par¬
ties from and after the signing of the same, subject only to such mod¬
ifications and amendments as may be adopted by the government of
the United States; and, finally, this treaty is to receive a liberal con¬
struction, at all times and in all places, to the end that the said Apache
Indians shall not be held resonsible for the conduct of others, and
that the government of the United States shall so legislate and act as
to secure the permanent prosperity and happiness of said Indians.

TREATY WITH THE COMANCHE, KIOWA, AND APACHE, 1853.

Articles, of a treaty , made and concluded at Fori Atkinson , m the Indian
Territory , of the United States of America, on the 27th day of July,
an/no Domini eighteen hundred and fifty-three , between the United
States of America, by Thomas Fitzpatrick, Indian agent, and sole
commissioner , duly appointed for that purpose, and the Camanche,
and Kiowa, and Apache tribes or nations of Indians, inhabiting the
said territory south of the Arkansas ri/ver.

Article 1. Peace, friendship, and amity shall hereafter exist
between the United States and the Camanche and Kiowa, and Apache
tribes of Indians, parties to this treaty, and the same shall be perpetual.

Article 2. The Camanche, Kiowa, and Apache tribes of Indians do
hereby jointly and severally covenant that peaceful relations shall
likewise be maintained amongst themselves in future; and that they

Provisions against
incursions into Mex¬
ico.

Persons in j ur ing the
Apaches to be tried
and punished.

Free passage over
the Apache territory.

Military posts, agen¬
cies, and trading
houses to be estab¬
lished.

Territorial bounda¬
ries to be established.

Presents to the
Apaches.

When treaty to be
binding.

How construed.

July 27, 1853.

10 Stats., 1013.

Ratified with
amendments Apr. 12,
1854.

Amendments
agreed to July 21, 1854.

Proclaimed Feb. 12,
1854 [5].

Peace and friend¬
ship to exist with
United States.

Peace to exist be¬
tween the tribes.

446

TREATY WITH THE COMANCHE, ETC., 1853.

Certain rights ct
United States ac¬
knowledged.

Provisions against
invasion of Mexican
Territory.

will abstain from all hostilities whatsoever against each other, and
cultivate mutual good-will and friendship.

Article 3. The aforesaid Indian tribes do also hereb}^ fully recog¬
nize and acknowledge the right of the United States to lay off and
mark out roads or highways — to make reservations of land necessary
thereto — to locate depots — and to establish military and other posts
within the territories inhabited by the said tribes; and also to prescribe
and enforce, in such manner as the President or the Congress oi the
United States shall from time to time direct, rules and regulations to
protect the rights of persons and property among the said Indian
tribes.

Article 4. The Camanche, Kiowa, and Apache tribes, parties as
before recited, do further agree and bind themselves to make restitu¬
tion or satisfaction for any injuries done by any band or any individ¬
uals of their respective tribes to the people of the United States who
Conduct to persons may be lawfully residing in or passing through their said territories;
indTaif country.*1 the and to abstain hereafter from levying contributions from, or molesting
them in any manner; and, so far as may be in their power, to render
assistance to such as need relief, and to facilitate their safe passage.

Article 5. The Camanche, and Kiowa, and Apache tribes of Indians,
parties to this treaty, do hereby solemnly covenant and agree to refrain
in future from warlike incursions into the Mexican provinces, and from
all depredations upon the inhabitants thereof; and they do likewise
captives to be re- bind themselves to restore all captives that may hereafter be taken by
any of the bands, war-parties, or individuals of the said several tribes,
from the Mexican provinces aforesaid, and to make proper and just
compensation to be compensation f or any wrongs that may be inflicted upon the people
thereof by them, either to the United States or to the Republic of
Mexico, as the President of the United States may direct and require.
Eighteen thousand Article 6. In consideration of the foregoing agreements on the part
be ptid slidamK in of the Camanche, and Kiowa, and Apache tribes, parties to this treaty —
such mode as the Gf the losses which they may sustain by reason of the travel of the
scribe.6 nt s a pre people of the United States through their territories — and for the better
support, and the improvement of the social condition of the said tribes —
the United States do bind themselves, and by these presents stipulate
to deliver to the Camanche, Kiowa, and Apache tribes aforesaid, the
sum of eighteen thousand dollars per annum, for and during the term
of ten years next ensuing from this date, and for the additional term of
five years, if, in the opinion of the President of the United States, such
extension shall be advisable; — the same to be given to them in goods,
merchandise, provisions, or agricultural implements, or in such shape
as may be best adapted to their wants, and as the President of the
United States may designate, and to be distributed amongst the said
several tribes in proportion to the respective numbers of each tribe.
Protection of in- Article 7. The United States do moreover bind themselves, in con-
dians- sideration of the covenants contained in the preceding articles of this

treaty, to protect and defend the Indian tribes, parties hereto, against
the committal of any depredations upon them, and in their territories,
by the people of the United States, for and during the term for which
this treaty shall be in force, and to compensate them for any injuries
that may result therefrom.

Annuities may be Article 8. It is also stipulated and provided, by and between the
0? this6 treaty7lolatl°n parties to this treaty, that should any of the Indian tribes aforesaid
violate any of the conditions, provisions, or agreements herein con¬
tained, or fail to perform any of the obligations entered into on their
part, then the United States may withhold the whole or a part of the
annuities mentioned in the sixth article of this treaty, from the tribe
so offending, until, in the opinion of the President or the Congress of
the United States, proper satisfaction shall have been made, or until
persons amongst the said Indians offending against the laws of the
United States shall have been delivered up to justice.

447

TREATY WITH THE ROGUE RIVERS, 1853.

Article 9. It is also consented to and determined between the
parties hereto, that the annuities to be given on the part of the United
States, as provided in the sixth article of this treaty, shall be delivered
to the said Indian tribes collectively, at or in the vicinity of Beaver
Creek, yearly, during the month of July in each year, until some other
time and place shall have been designated by the President of the
L nited States, in which event the said Indian tribes shall have due
notice thereof, and the place of distribution which may be selected
shall always be some point within the territories occupied by the said
tribes.

Annuities
and where

, when
be paid.

Article 10. It is agreed between the United States and the Caman- Annuities may be
che, KiowTa, and Apache tribes of Indians, that, should it at any time changed mt0 farms-
hereafter be considered by the United States as a proper policy to
establish farms among and for the benefit of said Indians, it shall be
discretionary with the President, by and with the advice and consent
of the Senate, to change the annuities herein provided for, or any part
thereof, into a fund for that purpose.

TREATY WITH THE ROGUE RIVERS, 1853.

Whereas a treaty was made and entered into at Table Rock, near sept. 10, 1853.
Rogue River, in the Territory of Oregon, this 10th day of September, 10 stats., iois.

A. D. 1853, by and between Joel Palmer, superintendent of Indian i8^atlfled Apr' 12’
affairs, and Samuel H. Culver, Indian agent, on the part of the United 1856rocIaimed Feb< 5.
States; and Jo-aps-er-ka-har, principal chief, Sam To-qua-he-ar, and
Jim Ana-cha-a-rah, subordinate chiefs, and others, head-men of the
bands of the Rogue River tribe of Indians, on the part of said tribe.

Article 1. The Rogue River tribe of Indians do hereby cede and cession of lands in
relinquish, for the considerations hereinafter specified, to the United 0regon'

States, all their right, title, interest, and claim to all the lands lying
in that part of the Territory of Oregon, and bounded by lines desig¬
nated as follows, to wit:

Commencing at a point one mile below the mouth of Applegate
Creek, on the south side of Rogue River, running thence southerly to
the highlands dividing the waters of Applegate Creek from those of
Althouse Creek, thence along said highlands to the summit of the Sis-
kiyon range of mountains, thence easterly to Pilot Rock, thence
northeasterly to the summit of the Cascade range, thence northerly
along the said Cascade range to Pitt’s Peak, continuing northerly to
Rogue River, thence westerly to the head-waters of Jump-off-jo. Creek,
thence down said creek to the intersection of the same with a line due
north from the place of beginning, thence to the place of beginning.

Article 2. It is agreed on the part of the United States that the p(SS^ft<t^(Sd
aforesaid tribe shall be allowed to occupy temporarily that portion of land temporarily,
the above-described tract of territory bounded as follows, to wit: Com¬
mencing on the north side of Rogue River, at the mouth of. Evan’s
Creek; thence up said creek to the upper end of a small prairie bear¬
ing in a northwesterly direction from Table Mountain, or Upper Table
Rock, thence through the gap to the south side of the cliff of the said
mountain, thence in a line to Rogue River, striking the southern base
of Lower Table Rock, thence down said river to the place of beginning.

It being understood that this described tract of land shall be deemed Permanent home to
and considereded an Indian reserve, until a suitable selection shall be eselected>
made by the direction of the President of the United States for their
permanent residence and buildings erected thereon, and provision made
for their removal. . , .. . .

Article 3. For and in consideration of the cession and relinquish- cePa^ent for said
ment contained in article 1st, the United States agree to pay to the
aforesaid tribe the sum of sixty thousand dollars, fifteen thousand of

448

TREATY WITH THE ROGUE RIVERS, 1853.

which sum to be retained, (according- to the stipulations of article 4th
of a “ treaty of peace made and entered into on the 8th day of Septem¬
ber, 1853, between Gen’l Jo. Lane, commanding forces of Oregon Ter¬
ritory, and Jo., principal chief, Sam and Jim, subordinate chiefs, on
the part of the Rogue River tribe of Indians,”) by the superintendent
of Indian affairs, to pay for the property of the whites destroj’ed by
them during the late war, the amount of propertjr so destroyed to be
estimated by three disinterested commissioners, to be appointed by the
superintendent of Indian affairs, or otherwise, as the President may
direct. Fiye thousand dollars to be expended in the purchase of agri¬
cultural implements, blankets, clothing, and such other goods as may
be deemed by the superintendent, or agent most conducive to the com¬
fort and necessities of said tribe, on or before the 1st day of Septem¬
ber, 1854; and for the payment of such permanent improvements as
may have been made by land claimants on the aforesaid reserve, the
value of which to be ascertained by three persons appointed by the said
superintendent.

The remaining forty thousand dollars to be paid in sixteen equal
annual instalments, of two thousand five hundred dollars each, (com¬
mencing on or about the 1st day of September, 1854,) in blankets,
clothing, farming-utensils, stock, and such other articles as may be
deemed most conducive to the interests of said tribe.

Buildings to be Article 4. It is further agreed that there shall be erected, at the
erected. expense of the United States, one dwelling-house for each of the three

principal chiefs of the aforesaid tribe, the cost of which shall not exceed
five hundred dollars each, the aforesaid buildings to be erected as soon
after the ratification of this treaty as possible. And when the tribe
may be removed to another reserve, buildings and other improvements
shall be made on such reserve of equal value to those which may be

Additional pay- relinquished; and upon such removal, in addition to the before-men -
ments on removal, tioned sixty thousand dollars, the United States agree to pay the further

sum of fifteen thousand dollars, in five equal annual instalments, com¬
mencing at the expiration of the before-named instalments.

Protection of trav- Article 5. The said tribe of Indians further agree to give safe-
elers- conduct to all persons who may be authorized to pass through their

reserve, and to protect, in their person and property, all agents or
other persons sent by the United States to reside among them; they
further agree not to molest or interrupt any white person passing
through their reserve.

Redress for indi- Article 6. That the friendship which is now established between the
viduai grievances. United States and. the Rogue River tribe of Indians shall not be inter¬

rupted by the misconduct of individuals, it is hereby agreed that for
injuries done by individuals no private revenge or retaliation shall take
place; but instead thereof, complaint shall be made by the party
injured to the Indian agent; and it shall be the duty of the chiefs of
the said tribe, that upon complaint being made as aforesaid, to deliver
up the person or persons against whom the complaint is made, to the
end that he or they may be punished agreeably to the laws of the
United States; and in like manner if any violation, robbery, or mur¬
der shall be committed on any Indian or Indians belonging to said
tribe, the person or persons so offending shall be tried, and if found
guilty, shall be punished according to the laws of the United States.

Restitution of stolen And it is agreed that the chiefs of the said tribe shall, to the utmost of
property. their power, exert themselves to recover horses or other property,

which has or may be stolen or taken from any citizen or citizens of the
United States, by any individual of said tribe; and the property so
recovered shall be forthwith delivered to the Indian agent or other per¬
son authorized to receive the same, that it may be restored to the proper
owner.

Guaranty for prop- And the United States hereby guarantee to any Indian or Indians of
diansStolen from In" the said tribe a full indemnification for any horses or other property

449

TREATY WITH UMPQUA - COW CREEK BAND, 1853.

which may be stolen from them by any citizens of the United States:

Provided, That the property stolen or taken cannot be recovered, and
that sufficient proof is produced that it was actually stolen or taken by
a citizen of the United States. And the chiefs and head-men of the
said tribe engage, on the requisition or demand of the President of the
L nited States, superintendent of Indian affairs, or Indian agent, to
deliver up any white person or persons resident among them.

Article 7. It is agreed between the United States and the Rogue Farms may be estab-
River tribe of Indians, that, should it at any time hereafter be consid- hshed-
ered by the United States as a proper policy to establish farms among
and for the benefit of said Indians, it shall be discretionary with the
President, by and with the advice and consent of the Senate, to change
the annuities herein provided for, or any part thereof, into a fund for
that purpose.

Article 8.. This treaty shall take effect and be obligatory on the con¬
tracting parties as soon as the same shall have been ratified by the
President of the United States by and with the advice and consent of
the Senate.

TREATY WITH UMPQUA— COW CREEK BAND, 1853.

Stipulations of a treaty made and entered into on Cow Creek, , Umpqua sept. 19, ism.
Valley, in the Territory of Oregon , this 19th day of September, A. D. 10 stats., 1027.
1853, by and between Joel Palmer, superintendent of Indian affairs, amendments4 Apr. 12!
on the part of the United States, and Quin-ti-oo-san , or Big head, 18|4-
pri/ncipdl chief, and My-n-e-letta , or Jackson / and Tom, son of Quin- i855r°c aime e - ' ’
ti-oo-san, subordinate chiefs, on the part of the Cow Creek band of
Umpqua tribe of Incbiams.

Article 1. The Cow Creek band of Indians do hereby cede and cession of land,
relinquish, for the consideration hereinafter specified, to the United
States, all their right, title, interest, and claim to all the lands lying
in that part of the Territory of Oregon bounded by lines designated
as follows, to wit:

Commencing on the north bank of the south fork of Umpqua River,
at the termination of the high- lands, dividing the waters of Myrtle
Creek from those of Day’s Creek, thence running easterly along the
summit of said range to the headwaters of Day’s Creek, thence south¬
erly, crossing the Umpqua River to the headwaters of Cow Creek,
thence to the dividing ridge between Cow Creek and Grave Creek,
thence southwesterly along the said divide to its junction with the
ridge dividing the waters of Cow Creek from those of Rogue River,
thence westerly and northerly around on said ridge to its connection
with the spur terminating opposite the mouth of Myrtle Creek, thence
along said spur to a point on the same northwest of the eastern line of
Isaac Baily’s land-claim, thence southeast to Umpqua River, thence up
said river to place of beginning.

Article 2. It is agreed on the part of the United States that the tione“?0pau ofCsaw
aforesaid tribe shall be allowed to occupy temporarily that portion cession,
of the . above-described tract of territory bounded as follows, to wit:

Commencing on the south side of Cow Creek, at the mouth of Council
Creek, opposite Wm. H. Riddle’s land-claim, thence up said creek to
the summit of Canon Mountain, thence westerly along said summit
two miles, thence northerly to Cow Creek, at a point on the same one
mile above the falls; thence down said creek to place of beginning.

It being understood that this last-described tract of land shall be

deemed and considered an Indian reserve until a suitable selection

shall be made by the direction of the President of the United States JbfX?ted. homes

for their permanent residence, and buildings erected thereon and other

improvements made of equal value of those upon the above reserve at

the time of removal.

S. Doc. 452 - 29

450

TREATY WITH UMPQUA - COW CREEK BAND, 1853.

Payment for said
cession.

Houses to be erected.

Protection to trav¬
elers.

Redress for private
grievances.

Restitution of stolen
property.

Indemnification for
property stolen from

Farms may be estab¬
lished.

Article 3. For and in consideration of the cession and relinquish¬
ment contained in article first, the United States agree .to pay to the
aforesaid band of Indians, the sum of twelve thousand dollars, in man¬
ner to wit: one thousand dollars to be expended in the purchase of
twenty blankets, eighteen pairs pants, eighteen pairs shoes, eighteen
hickory shirts, eighteen hats or caps, three coats, three vests, three
pairs socks, three neckhandkerchiefs, forty cotton flags, one hundred
and twenty yards prints, one hundred yards domestic, one gross but¬
tons, two lbs. thread, ten papers needles, and such other goods and
provisions as may be deemed by the superintendent or agent most
conducive to the comfort and necessities of said Indians, on or before
the first day of October, A. D. 1854. The remaining eleven thousand
dollars to be paid in twenty equal annual instalments of five hundred
and fifty dollars each, commencing on or about the first day of Octo¬
ber, 1854, in blankets, clothing, provisions, stock, farming-implements,
or such other articles, and in such manner as the President of the
United States may deem best for the interests of said tribe.

Article 4. In addition to the aforesaid twelve thousand dollars
there shall be erected for the use of said tribe, at the expense of the
United States, two dwelling-houses, the cost of which shall not exceed
two hundred dollars each, and afield of five acres fenced and ploughed,
and suitable seed furnished for planting the same.

Article 5. The said band of Indians agree to give safe conduct to
all persons passing through their reserve, and to protect in their per¬
son and property all agents or other persons sent by authority of the
United States to reside among them.

Article 6. That the friendship which is now established between
the United States and the Cow Creek band of Indians, shall not be
interrupted by the misconduct of individuals, it is hereby agreed that
for injuries done, no private revenge or retaliation shall take place;
but instead thereof complaint shall be made by the part}’ injured to
the Indian agent; and it shall be the duty of the chiefs of said band of
Indians, upon complaint being made as aforesaid, to deliver up the
person against whom the complaint is made, to the end that he may
be punished, agreeably to the laws of the United States; and in like
manner if any violation, robbery, or murder shall be committed on
any Indian belonging to said band, the person so offending shall be
tried, and if found guilty, shall be punished according to the laws of
the United States. And it is further agreed that the chiefs shall, to
the utmost of their ability, exert themselves to recover horses or other
property which has or may hereafter be stolen from any citizen of the
United States, by any individual of said tribe, and deliver the same
to the agent or other person authorized to receive it; and the United
States hereby guarantee to any Indian or Indians of said band, a full
indemnification for any horses or other property which may be stolen
or taken from them by any citizen of the United States, provided, the
property stolen cannot be recovered, and that sufficient proof is pro¬
duced that it was actually stolen or taken by a citizen of the U. S.
And the chiefs further agree, that upon the requisition of the President
of the U. S., superintendent of Indian affairs, or Indian agent, to
deliver up any person resident among them.

Article 7. It is agreed between the United States and the Cow
Creek band of the Umpqua tribe of Indians, that, should it at any
time hereafter be considered by the United States as a proper policy
to establish farms among and for the benefit of said Indians, it shall
be discretionary with the President, by and with the advice and con¬
sent of the Senate, to change the annuities herein provided for, or
any part thereof, into a fund for that purpose.

Article 8. This treaty shall take effect and be obligatory on the
contracting parties as soon as the same shall be ratified by the Presi¬
dent of the United States, by and with the advice and consent of the
Senate.

TREATY WITH THE OTO AND MISSOURI, 1854.

451

TREATY WITH THE OTO AND MISSOURI, 1854.

Articles of agreement and convention made and concluded at the city of
Washington , this fifteenth day of March, one thousand eight hundred
and fifty-four , by George W. Manypenny, as commissioner on the
part of the United States , and the following -named Chiefs of the
confederate tribes of the Ottoe and Missouria Indians , viz : Ar-ke-
kee-tah ,, or Stay by It; . Heh-cah-po , or Kickapoo; Shaw-ka-haw-wa ,
or Medicine Horse; Mi-ar-ke-tah-hun-she , or Big Soldier ; Cha-won-
a-ke , or Buffalo Chief ; Ah-hah-che-ke-saw-ke , or Missouria Chief;
and Maw-thra-ti-ne , or White Water; they being thereto duly author¬
ized by said confederate tribes.

Article 1. The confederate tribes of Ottoe and Missouria Indians
cede to the United States all their country west of the Missouri River,
excepting a strip of land on the waters of the Big Blue River, ten miles
in width and bounded as follows: Commencing at a point in the mid¬
dle of the main branch of the Big Blue River, in a west or southwest
direction from Old Fort Kearney, at a place called by the Indians the
“Islands; ” thence west to the western boundary of the country hereby
ceded; thence in a northerly course with said western boundary, ten
miles; thence east to a point due north of the starting point and ten
miles therefrom; thence to the place of beginning: Provided , That in
case the said initial point is not within the limits of the country hereby
ceded, or that the western boundary of said country is not distant
twenty-five miles or more from the initial point, in either case, there
shall be assigned by the United States to said Indians, for their future
home, a tract of land not less than ten miles wide by twenty-five miles
long, the southeast corner of which tract shall be the initial point
above named. And such portion of such tract, if any, as shall prove
to be outside of the ceded country, shall be and the same is hereby
granted and ceded to the confederate tribes of Ottoe and Missouria
Indians by the United States, who will have said tract properly set off
by durable monuments as soon after the ratification of this instrument
as the same can conveniently be done.

Article 2. The said confederate tribes agree, that as soon after the
United States shall make the necessary provision for fulfilling the
stipulations of this instrument, as they can conveniently arrange their
affairs, and not to exceed one year after such provision is made, they
will vacate the ceded country, and remove to the lands herein reserved
for them.

Article 3. The said confederate tribes relinquish to the United
States, all claims, for money or other thing, under former treaties, and
all claim which they may have heretofore, at any time, set up, to any
land on the east side of the Missouri River; Provided , That said con¬
federate tribes shall receive the unexpended balances of former appro¬
priations now in the United States Treasury, of which, four thousand
dollars shall at once be applied for the purchase of provisions and to
farming purposes.

Article 4: In consideration of, and payment for the country herein
ceded, and the relinquishments herein made, the United States agree
to pay to the said confederate tribes of Ottoe and Missouria Indians,
the several sums of money following, to wit:

1st. Twenty thousand dollars, per annum, for the term of three
years, commencing on the first day of January, one thousand eight
hundred and fifty-five.

2d. Thirteen thousand dollars, per annum, for the term of ten years,
next succeeding the three years.

3d. Nine thousand dollars, per annum, for the term of fifteen years,
next succeeding the ten years.

Mar. 15, 1854.

10 Stats., 1038.
Ratified Apr. 17,
1854.

Proclaimed June 21,
1854.

Cession of land to
the United States.

Reserve for the In¬
dians.

See treaty of Dec. 9,
1854, post, p. 494.

Indians to vacate
the ceded lands.

Relinquishment of
former claims.

Payment -to the In¬
dians.

452

Payment to the In¬
dians.

Further payment.

Disposition of the
Indian reserves.

TREATY WITH THE 0T0 AND MISSOURI, 1854.

4th. Five thousand dollars, per annum, for the term of twelve years,
next succeeding the fifteen years.

All which several sums of money shall be paid to the said confeder¬
ate tribes, or expended for their use and benefit under the direction
of the President of the United States, who may, from time to time,
determine, . at his discretion, what proportion of the annual payments,
in this article provided for, if any, shall be paid to them in monejq
and what proportion shall be applied to and expended, for their moral
improvement and education; for such beneficial objects as in his judg¬
ment will be calculated to advance them in civilization; for buildings,
opening farms, fencing, breaking land, providing stock, agricultural
implements, seeds, &c., for clothing, provisions, and merchandise; for
iron, steel, arms and ammunition; for mechanics, and tools; and for
medical purposes.

Article 5. In order to enable the said confederate tribes to settle
their affairs, and to remove, and subsist themselves for one j^ear at
their new home, (and which they agree to do without further expense
to the United States,) and to break up and fence one hundred and fifty
acres of land at their new home, they shall receive from the United
States the further sum of twenty thousand dollars, to be paid out and
expended under the direction of the President, and in such manner as
he shall approve.

Article 6. The President may, from time to time, at his discretion,
cause the whole of the land herein reserved or appropriated west of
the Big Blue River, to be surveyed off into lots, and assign to such
Indian or Indians of said confederate tribes, as are willing to avail of
the privilege, and who will locate on the same as a permanent home,
if a single person over twenty-one years of age, one-eighth of a sec¬
tion; to each family of two, one-quarter section ; to each family of three
and not exceeding five, one-half section ; to each family of six and not
exceeding ten, one section; and to each family exceeding ten in num¬
ber, one quarter section for every additional five members. And he
may prescribe such rules and regulations as will secure to the family,
in case of the death of the head thereof, the posession and enjoyment
of such permanent home and the improvements thereon. And the
President may, at any time in his discretion, after such person or family
has made a location on the land assigned for a permanet home, issue a
patent to such person or family for such assigned land, conditioned
that the tract shall not be aliened or leased for a longer term than two
years; and shall be exempt from levy, sale, or forfeitqre, which con¬
ditions shall continue in force, until a State constitution embracing
such land within its boundaries shall have been formed, and the legis¬
lature of the State shall remove the restrictions. And if any such
person or family shall at any time neglect or refuse to occupy and
till a portion of the land assigned, and on which they have located, or
shall rove from place to place, the President may, if the patent shall
have been issued, revoke the same, or, if not issued, cancel the assign¬
ment, and may also withhold from such person or family, their propor¬
tion of the annuities or other moneys due them, until they shall have
returned to such permanent home, and resumed the pursuits of indus¬
try; and in default of their return, the tract may be declared abandoned,
and thereafter assigned to some other person or family of such con¬
federate tribes, or disposed of as is provided for the disposal of the excess
of said land. And the residue of the land hereby reserved, after all
the Indian persons or families of such confederate tribes shall have had
assigned to them permanent homes, may be sold for their benefit,
under such laws, rules, or regulations as may hereafter be prescribed
by the Congress or President of the United States. No State legis¬
lature shall remove the restriction herein provided for, without the
consent of Congress.

TREATY WITH THE OMAHA, 1854.

453

± United States will erect for said confederate tribes Grist and saw mills,

at their new home a grist and saw mill, and keep the same in repair
and provide a miller for the term of ten years; also erect a good black- Blacksmith,
smith shop, supply the same with tools, and keep it in repair for the
term of ten years, and provide a good blacksmith for a like period and
employ an experienced farmer, for ten years, to instruct the Indians
in agriculture.

Article 8. The annuities of the Indians shall not be taken to pay Annuities not to he
the debts of individuals. taken for debts.

Article 9. The said confederate tribes acknowledge their depend- Peace and friend-
ence on the Government of the United States, and promise to be ship'
friendly with all the citizens thereof, and pledge themselves to commit conduct of Indians;
no depredations on the property of such citizens. And should any dePredations-
one or more of the Indians violate this pledge, and the fact be satis¬
factorily proven before the agent, the property taken shall be
returned, or in default thereof, or if injured or destroyed, compensa¬
tion may be made by the Government out of their annuities. Nor
will they make war on any other tribe except in self-defence, but will
submit all matters of difference between them and other Indians, to
the Government of the United States, or its agent, for decision, and
abide thereby. And if any of the said Indians commit any depreda¬
tions on any. other Indians, the same rule shall prevail as that pre¬
scribed in this article in cases of depredations against citizens.

Article 10. The Ottoes and Missourias are desirous to exclude from Provision against
their country the use of ardent spirits, and to prevent their people nquoJntroduction of
from drinking the same.; and therefore it is provided that any one of
them who is guilty of bringing liquor into their country, or who drinks
liquor, may have his or her proportion of the annuities withheld from
him or her for such time, as the President may determine.

Article 11. The said confederate tribes agree, that all the necessary Roads through in¬
roads and highways, and railroads, which may be constructed as the dian lands"
country improves, and the lines of which may run through their land
west of the Big Blue River, shall have a right of way through the
reservation, a just compensation being made therefor in money.

Article 12. The United States will pay to Lewis Barnard the sum Payment to Lewis
of three hundred dollars, he having been in the service of the said Barnard-
tribes and they being unable to pay him.

Article 13. This treaty shall be obligatory on the contracting Ratifications,
parties as soon as the same shall be ratified by the President and
Senate of the United States.

TREATY WITH THE OMAHA, 1854.

Articles of agreement and convention made and concluded at the city
of Washington this sixteenth day of March , one thousand eight hun¬
dred and fifty-four , by George W. Many penny, as commissioner on
the part of the United States , and the following -named chiefs of the
Omaha tribe of Indians , viz:. Shon-ga-ska , or Logan Fontenelle;
E-std-mah-za , or Joseph Le Flesche; Gra-tah-nah-je , or Standing
Hawk; Gah-he-ga-gin-gah , or Little Chief; Ta-wah-gah-ha , or Vil¬
lage Maker; Wah-no-ke-ga , or Noise; So-da-nah-ze , or Yellow
Smoke; they being thereto duly authorized by said tribe.

Mar. 16, 1854.

10 Stats., p 1043.
Ratified Apr. 17,
1854.

Proclaimed June 21,
1854.

Article 1. The Omaha Indians cede to the United States all their cessmn of lands to
lands west of the Missouri River, and south of a line drawn due west the Umted States-
from a point in the centre of the main channel of said Missouri River
due east of where the Ayoway River disembogues out of the bluffs,
to the western boundary of the Omaha country, and forever relinquish
all right and title to the country south of said line: Provided , how- Reserve for the in-
ever. That if the country north of said due west line, which is reserved dians<

454

TREATY WITH THE OMAHA, 1854.

Removal of the In¬
dians.

Relinquishment
former claims.

Payment to the In
dians.

How made.

Further payment.

by the Omahas for their future home, should not on exploration prove
to be a satisfactory and suitable location for said Indians, the Presi¬
dent may, with the consent of said Indians, set apart and assign to
them, within or outside of the ceded country, a residence suited
for and acceptable to them. And for the purpose of determining at
once and definitely, it is agreed that a delegation of said Indians,
in company with their agent, shall, immediately after the ratification
of this instrument, proceed to examine the country hereby reserved,
and if it please the delegation, and the Indians in counsel express
themselves satisfied, then it shall be deemed and taken for their future
home; but if otherwise, on the fact being reported to the President,
he is authorized to cause a new location, of suitable extent, to be made
for the future home of said Indians, and which shall not be more in
extent than three hundred thousand acres, and then and in that case,
all of the country belonging to the said Indians north of said due
west line, shall be and is hereby ceded to the United States by the said
Indians, they to receive the same rate per acre for it, less the number
of acres assigned in lieu of it for a home, as now paid for the land,
south of said line.

Article 2. The Omahas agree, that so soon after the United States
shall make the necessary provision for fulfilling the stipulations of
this instrument, as they can conveniently arrange their affairs, and
not to exceed one }7ear from its ratification, they will vacate the ceded
country, and remove to the lands reserved herein by them, or to the
other lands provided for in lieu thereof, in the preceding article, as
the case may be.

Article 3. The Omahas relinquish to the United States all claims,
for money or other thing, under former treaties, and likewise all claim
which they may have heretofore, at any time, set up, to any land on
the east side of the Missouri River: Provided , The Omahas shall still
be entitled to and receive from the Government, the unpaid balance
of the twentj^-five thousand dollars appropriated for their use, by the
act of thirtieth of August, 1851.

Article 4. In consideration of and payment for the country herein
ceded, and the relinquishments herein made, the United States agree
to pay to the Omaha Indians the several sums of money following,
to wit;

1st. Forty thousand dollars, per annum, for the term of three
years, commencing on the first day of January, eighteen hundred and
fifty-five.

2d. Thirty thousand dollars per annum, for the term of ten years,
next succeeding the three years.

3d. Twenty thousand dollars per annum, for the term of fifteen
years, next succeeding the ten years.

4th. Ten thousand dollars per annum, for the term of twelve years,
next succeeding the fifteen years.

All which several sums of money shall be paid to the Omahas, or
expended for their use and benefit, under the direction of the Presi¬
dent of the United States, who may from time to time determine at
his discretion, what proportion of the annual payments, in this article
provided for, if any, shall be paid to them in money, and what pro¬
portion shall be applied to and expended, for their moral improve¬
ment and education; for such beneficial objects as in his judgment will
be calculated to advance them in civilization; for buildings, opening
farms, fencing, breaking land, providing stock, agricultural imple¬
ments, seeds, &c. ; for clothing, provisions, and merchandise; for iron,
steel, arms, and ammunition; for mechanics, and tools; and for med¬
ical purposes.

Article 5. In order to enable the said Indians to settle their affairs
and to remove and subsist themselves for one year at their new home,
and which they agree to do without further expense to the United

TREATY WITH THE OMAHA, 1854.

455

States, and also to pay the expenses of the delegation who may be
appointed to make the exploration provided for in article first, ancl to
fence and break up two hundred acres of land at their new home, they
shall receive from the United States, the further sum of forty-one
thousand dollars, to be paid out and expended under the direction of
the President, and in such manner as he shall approve.

Article 6. The President may, from time to time, at his discretion, Disposition of the
cause the whole or such portion of the land hereby reserved, as he lands reserved-
may think proper, or of such other land as may be selected in lieu
thereof, as provided for in article first, to be surveyed into lots, and
to assign to such Indian or Indians of said tribe as are willing to avail
of the privilege, and who will locate on the same as a permanent home,
if a single person over twenty-one years of age, one-eighth of a sec¬
tion; to each family of two, one quarter section; to each family of
three and not exceeding five, one half section; to each family of six
and not exceeding ten, one section; and to each family over ten in
number, one quarter section for every additional five members. And
he may prescribe such rules and regulations as will insure to the fam¬
ily, in case of the death of the head thereof, the possession and enjoy¬
ment of such permanent home and the improvements thereon. And
the President may, at any time, in his discretion, after such person or
family has made a location on the land assigned for a permanent home,
issue a patent to such person or family for such assigned land, condi¬
tioned that the tract shall not be aliened or leased for a longer term
than two years; and shall be exempt from levy, sale, or forfeiture,
which conditions shall continue in force, until a State constitution,
embracing such lands within its boundaries, shall have been formed,
and the legislature of the State shall remove the restrictions. And if
any such person or family shall at any time neglect or refuse to occupy
and till a portion of the lands assigned and on which they have located,
or shall rove from place to place, the President may, if the patent shall
have been issued, cancel the assignment, and may also withhold from
such person or family, their proportion of the annuities or other mon¬
eys due them, until they shall have returned to such permant home,
and resumed the pursuits of industry; and in default of their return
the tract may be declared abandoned, and thereafter assigned to some
other person or family of such tribe, or disposed of as is provided for
the disposition of the excess of said land. And the residue of the
land hereby reserved, or of that which may be selected in lieu thereof,
after all of the Indian persons or families shall have had assigned to
them permanent homes, maj^ be sold for their benefit, under such laws,
rules or regulations, as may hereafter be prescribed by the Congress
or President of the United States. No State legislature shall remove
the restrictions herein provided for, without the consent of Congress.

Article 7. Should the Omahas determine to make their permanent h(Jrotection from
home north of the due west line named in the first article, the United
States agree to protect them from the Sioux and all other hostile
tribes, as long as the President may deem such protection necessary;
and if other lands be assigned them, the same protection is guaranteed.

Article 8. The United States agree to erect for the Omahas, at their Grist and sawmill,
new home, a grist and saw mill, and keep the same in repair, and pro¬
vide a miller for ten years; also to erect a good blacksmith shop, sup¬
ply the same with tools, and keep it in repair for ten years; and
provide a good blacksmith for a like period; and to employ an expen- Blacksmith,
enced farmer for the term of ten years, to instruct the Indians in

agriculture.
Article 9.

The annuities of the Indians shall not be taken to pay

the debts of individuals.

Article 10. The Omahas acknowledge their dependence on the
Government of the United States, and promise to be friendly with all
the citizens thereof, and pledge themselves to commit no depredations

Annuities not to be
taken for debts.

Conduct of the
Indians.

Depredations.

456

TREATY WITH THE DELAWARES, 1854.

Payment to Lewis
Sounsosee.

Pro vision againsrin-
troduction of ardent
spirits.

Grant to the mis¬
sions of the Presbyte¬
rian Church.

Construction of
roads.

on the property of such citizens. And should any one or more of
them violate this pledge, and the fact be satisfactorily proven before
the agent, the property taken shall be returned, or in default thereof,
or if injured or destroyed, compensation may be made by the Govern¬
ment out of their annuities. Nor will they make war on any other
tribe, except in self-defence, but will submit all matters of difference
between them and other Indians to the Government of the United
States, or its agent, for decision, and abide thereby. And if any of
the said Omahas commit any depredations on any other Indians, the
same rule shall prevail as that prescribed in this article in cases of
depredations against citizens.

Article 11. The Omahas acknowledge themselves indebted to
Lewis Sounsosee, (a half-breed,) for services, the sum of one thousand
dollars, which debt they have not been able to pay, and the United
States agree to pay the same.

Article 12. The Omahas are desirous to exclude from their country
the use of ardent spirits, and to prevent their people from drinking
the same, and therefore it is provided that any Omaha who is guilty of
bringing liquor into their country, or who drinks liquor, may have his
or her proportion of the annuities withheld from him or her for such
time as the President may determine.

Article 13. The board of foreign missions of the Presbyterian
Church have on the lands of the Omahas a manual-labor boarding-
school, for the education of the Omaha, Ottoe, and other Indian youth,
which is now in successful operation, and as it will be some time before
the necessary buildings can be erected on the reservation, and [it is]
desirable that the school should not be suspended, it is agreed that the
said board shall have four adjoining quarter sections of land, so as to
include as near as may be all the improvements heretofore made by
them; and the President is authorized to issue to the proper authority
of said board, a patent in fee-simple for such quarter sections.

Article 14. The Omahas agree that all the necessary roads, high¬
ways, and railroads, which may be constructed as the country improves,
and the lines of which may run through such tract as ma}T be reserved
for their permanent home, shall have a right of way through the res¬
ervation, a just compensation being paid therefor in money.

Article 15. This treaty shall be obligatory on the contracting
parties as soon as the same shall be ratified by the President and Senate
of the United States.

TREATY WITH THE DELAWARES, 1854.

May 6. ism- Articles of agreement and convention made and concluded at the city

io stats., p. KM8. of Washington this sixth day of May, one thousand eight hundred
Batified July ii, and fifty -four, by George TL Manypenny, as commissions on the
^Proclaimed July it, part a f the United States, and the following -named delegates of the
Delaware tribe of Indians , viz: Sarcoxey; Ne-con-he-cond; Kockr
Tca-to-wha ; Qua-cor-nmv- ha , or James Segondyne ; Ne-sha-pa-na-
cumin , or Charles Journey cake; Que-sha-to-wha , err John Ketchem,;
Don doxy, or George Bullet; Kock-kock-rjuas , or James Ketchem;
Ah-lah-a-chick , or James Conner , they being thereto duly authorised
by said tribe.

cession to the Article 1. The Delaware tribe of Indians hereby cede, relinquish,
and quit-claim to the United States all their right, title, and interest in
and to their country lying west of the State of Missouri, and situate in
the fork of the Missouri and Kansas Rivers, which is described in the
Ante, p. ns. article supplementary to the treaty of October third, one thousand
eight hundred and eighteen, concluded, in part, on the twenty-fourth

TREATY WITH THE DELAWARES, 1854.

457

September, one thousand eight hundred and twenty -nine, at Council
Camp, on James’ Fork of White River, in the State of Missouri; and
finally concluded at Council Camp, in the fork of the Kansas and Mis¬
souri Rivers, on the nineteeth October, one thousand eight hundred
and twenty-nine; and also their right, title, and interest in and to the
“outlet” mentioned and described in said supplementary article, except¬
ing that portion of said country sold to the Wyandot tribe of Indians, Reservation,
by instrument sanctioned by act of Congress approved July twenty-
fifth, one thousand eight hundred and forty-eight, and also excepting 1848, eh. us.
that part of said country lying east and south of a line beginning at a
point on the line between the land of the Delawares and the half-breed
Kanzas, forty miles, in a direct line, west of the boundary between the
Delawares and Wyandots, thence north ten miles, thence in an easterly
course to a point on the south bank of Big Island Creek, which shall
also be on the bank of the Missouri River where the usual high-water
line of said creek intersects the high-water line of said river.

Article 2. The United States hereby agree to have the ceded coun- Disposition of ceded
try (excepting the said “ outlet”) surveyed, as soon as it can be con- country-
veniently done, in the same manner that the public lands are surveyed —
such survey to be commenced and prosecuted as the President of the
United States may deem best. Ana the President will, so soon as the
whole or any portion of said lands are surveyed, proceed to offer such
surveyed lands for sale, at public auction, in such quantities as he may
deem proper, being governed in all respects, in conducting such sales,
by the laws of the United States respecting the sales of the public
lands; and such of the lands as may not be sold at the public sales,
shall thereafter be subject to private entry, in the same manner that
private entries are made of United States lands; and any, or all, of
such lands as remain unsold, after being three years subject to private
entry, at the minimum Government price, may, by act of Congress,
be graduated and reduced in price, until all said lands are sold; regard
being had in said graduation and reduction to the interests of the
Delawares, and also to the speedy settlement of the country.

Article 3. The United States agree to pay to the Delaware tribe Payment to the in-
of Indians the sum of ten thousand dollars; and, in consideration dians‘
thereof, the Delaware tribe of Indians hereby cede, release, and quit¬
claim to the United States, the said tract of country hereinbefore
described as the “ outlet.” And as a further and full compensation
for the cession made by the first article, the United States agree to
pay to said tribe all the moneys received from the sales of the lands
provided to be surveyed in the preceding article, after deducting
therefrom the cost of surveying, managing, and selling the same.

Article 4. The Delaware Indians have now, by treaty stipulation, ^Payment; in lieu of
the following permanent annuities, to wit: One thousand dollars per annmties-
fourth article of the treaty of third August, one thousand seven hun¬
dred and ninety -five. Five hundred dollars, per third article of the
treaty of thirtieth of September, one thousand eight hundred and nine.

Four thousand dollars per fifth article of the treaty of the third Octo¬
ber, one thousand eight hundred and eighteen. One thousand dollars
per supplemental treaty of twenty-fourth September, one thousand
eight hundred and twenty -nine. One hundred dollars for salt annuity,
per third article of the treaty of June seventh, one thousand eight
hundred and three. Nine hundred and forty dollars, for blacksmith
annuity, per sixth article of the treaty of third October, one thousand
eight hundred and eighteen. All which several permanent annuities
thev hereby relinquish and forever absolve the United States from
the further payment thereof; in consideration whereof the United
States agree to pay to them, under the direction of the President, the
sum of one hundred and forty-eight thousand dollars, as follows:
seventy-four thousand dollars in the month of October, one thousand

458

TREATY WITH THE DELAWARES, 1854.

eight hundred and fifty-four, and seventy -four thousand dollars in the
month of October, one thousand eight hundred and fifty-five. The
object of converting the permanent annuities into these two payments
being to aid the Delawares in making improvements on their present
farms, and opening new ones on the land reserved, building houses,
buying necessary household furniture, stock, and farming-utensils,
and such other articles as may be necessary to their comfort.

The value of the Artiole 5. It is agreed that the sum of forty-six thousand and
at interest as hereto- eighty dollars, being the value of the thirty -six sections of land set
fore- apart for' school purposes by the supplemental treaty of one thousand

eight hundred and twenty-nine, remain for the present at five per
cent, interest, as stipulated by the resolution of the Senate of the
nineteenth January, one thousand eight hundred and thirty-eight.

Payment to chiefs. Article 6. The Dela wares feel now, as heretofore, grateful to their
old chiefs for their long and faithful services. In former treaties,
when their means were scanty, they provided, by small life-annuities,
for the wants of these chiefs, some of whom are now receiving them.
These chiefs are poor, and the Delawares believe it their duty to keep
them from want in their old and declining age. It is the wish of the
Delawares, and hereby stipulated and agreed, that the sum of ten
thousand dollars, the amount provided in the third article as a consid¬
eration for the “ outlet,” shall be paid to their five chiefs, to wit:
Captain Ketchem, Sarkoxey, Segondyne, Neconheeond, and Kock-ka-
to-wha, in equal shares of two thousand dollars each, to be paid as
follows: to each of said chiefs, annually, the sum of two hundred and
fifty dollars, until the whole sum is paid: Provided , That if any one
or more of said chiefs die before the whole or any part of the sum is
paid, the annual payments remaining to his share shall be paid to his
male children, ana, in default of male heirs, then to the legal repre¬
sentatives of such deceased chief or chiefs; and it is understood that
the small life-annuities stipulated for by former treaties, shall be paid
as directed by said treaties.

itwVfromesai°f Snd Article 7. It is expected that the amount of moneys arising from
appropriation6^ the the sales herein provided for will be greater than the Delawares will
income. need to meet their current wants; and as it is their duty, and their

desire also, to create a permanent fund for the benefit of the Delaware
people, it is agreed that all the money not necessary for the reasonable
wants of the people, shall from time to time be invested by the Presi¬
dent of the United States, in safe and profitable stocks, the principal
to remain unimpaired, and the interest to be applied annually for the
civilization, education, and religious culture of the Delaware people,
and such other objects of a beneficial character, as in his judgment, are
proper and necessary.

same subject. Article 8. As the annual receipts from the sales of the lands can¬

not now be determined, it is agreed that the whole subject be referred
to the judgment of the President, who may, from time to time, pre¬
scribe how much of the net proceeds of said sales shall be paid out to
the Delaware people, and the mode and manner of such payment, also
how much shall be invested, and in distributing the funds to the peo¬
ple, due regard and encouragement shall be given to that portion of
the Delawares who are competent to manage their own affairs, and
who know and appreciate the value of money; but Congress may, at
any time, and from time to time, by law, make such rules and regula¬
tions in relation to the funds arising from the sale of said lands, and
the application thereof for the benefit and improvement of the Dela¬
ware people, as may in the wisdom of that body, seem just and proper.

private debts not to Article 9. The debts of Indians, contracted in their private deal-
erai fundrom t e gen’ ings as individuals, whether to traders or otherwise, shall not be paid
from the general fund.

Ardent spirits. Article 10. The Delawares promise to renew their efforts to sup¬

press the introduction and the use of ardent spirits in their country

TREATY WITH THE DELAWARES, 1854.

459

and among their people, and to encourage industry, integrity, and
virtue, so that every one may become civilized, and, as many now are,
competent to manage their business affairs; but should some of them
unfortunately continue to refuse to labor, and remain or become dis¬
sipated and worthless, it shall be discretionary with the President to
give such direction to the portion of funds, from time to time, due to
such persons, as will prevent them from squandering the same, and
secure the benefit thereof to their families.

Article 11. At any time hereafter, when the Delawares desire it,
and at their request and expense, the President may cause the country
reserved for their permanent home to be surveyed in the same manner
as the ceded country is surveyed, and may assign such portion to each
person or family as shall be designated by the principal men of the
tribe: Provided , Such assignment shall be uniform.

Article 12. In the settlement of the country adjacent to the Dela¬
ware reservation, roads and highways will become necessary, and it is
agreed that all roads and highways laid out by authority of law, shall
have a right of way through the reserved lands, on the same terms
that the law provides for their location through the lands of citizens
of the United States; and railroad companies, when the lines of their
roads necessarily pass through the said reservation, shall have the
right of way, on payment of a just compensation therefor in money.

Article 13. The Christian Indians live in the country herein ceded,
and have some improvements. They desire to remain where they are,
and the Delawares are willing, provided the Christian Indians can pay
them for the land. It is therefore agreed that there shall be confirmed
by patent to the said Christian Indians, subject to such restrictions as
Congress may provide, a quantity of land equal to four sections, to be
selected in a body from the surveyed lands, and to include their pres¬
ent improvements: Provided , The said Christian Indians, or the United
States for them, pay to the Secretary of the Interior for the use of
the Delaware Indians, within one year from the date of the ratification
of this treaty, the sum of two dollars and fifty cents per acre therefor:
And 'provided further , That the provisions of article twelve, in rela¬
tion to roads, highways, and railroads, shall be applicable to the land
thus granted to the Christian Indians.

Article 14. The Delawares acknowledge their dependence on the
Government of the United States, and invoke its protection and care.
The.y desire to be protected from depredations and injuries of every
kind, and to live at peace with all the Indian tribes; and they promise
to abstain from war, and to commit no depredations on either citizens
or Indians; and if, unhappily, any difficulty should arise, they will at
all times, as far as they are able, comply with the law in such cases
made and provided, as they will expect to be protected and their rights
vindicated by it, when they are injured.

Article 15. A primary object of this instrument being to advance
the interests and welfare of the Delaware people, it is agreed, that if
it prove insufficient to effect these ends, from causes which cannot now
be foreseen, Congress may hereafter make such further provision, by
law, not inconsistent herewith, as experience may prove to be neces¬
sary to promote the interests, peace, and happiness of the Delaware
people.

Article 16. It is agreed by the parties hereto, that the provisions
of the act of Congress, approved third of March, one thousand eight
hundred and seven, in relation to lands ceded to the United States,
shall, so far as applicable, be extended to the lands herein ceded.

Article 17. It is further stipulated, that should the Senate of the
United States reject the thirteenth article hereof, such rejection shall
in no wise affect the validity of the other articles.

Article 18. This instrument shall be obligatory on the contracting
parties as soon as the same shall be ratified by the President, and the
Senate, of the United States.

Divisions of lands
reserved for a home.

Construction of
roads.

Provisions respect¬
ing- the lands occu¬
pied by the Christian
Indians.

Conduct of the In¬
dians.

Submission to
United States Govern¬
ment.

Laws may he passed
to carry out the ob¬
jects of this treaty.

Act of 1807, ch. 46,
applicable to the
ceded land.

460

TREATY WITH THE SHAWNEE, 1854.

May 10, 1854.

10 Stat., 1053.
Ratified with
amendments, Aug. 2,
1854.

Proclaimed Rot. 2,
1854.

CessiontotheUnited
States of reserve.

Ante, p. 186.

Ante, p. 238.

Boundaries of said
reserve.

Cession to Shawnee.

Lands of Methodist
Missionary Society.

Friends’ Shawnee
Labor School.

American Baptist
Missionary Union.

Shawnee Methodist
Church.

Shawnee Baptist
Church.

TREATY WITH THE SHAWNEE, 1854.

Articles of agreement and convention made and concluded at the city
of Washington, , this tenth day of May , one thousand eight hundred
and fifty-four , by George W. Many penny, as commissioner on the
part of the United States , and the following -named delegates , repre¬
senting the bands of Shawnees who were parties to the treaties of
seventh of November, one thousand eight hundred and twenty-five,
and eighth of August , one thousand eight hundred and thirty-one ,'
viz : Joseph Parks, Black Hoof , George Me Doug at, Longtail, George
Blue Jacket , Graham Rogers, Wa-wah-che-pa-e-kar, or Black Bob ,
and Henry Blue Jacket, they being, thereto duly authoriled by the now
united tribe of said Shawnee Indians.

Article 1. The Shawnee tribe of Indians hereby cede and convey
to the United States, all the tract of country lying west of the State of
Missouri, which was designated and set apart for the Shawnees in ful¬
filment of, and pursuant to, the second and third articles of a conven¬
tion made between William Clark, superintendent of Indian affairs,
and the chiefs and head-men of the Shawnee Nation of Indians, at St.
Louis, on the seventh day of November, one thousand eight hundred
and twenty-five, which said tract was conveyed to said tribe, (subject
to the right secured by the second article of the treaty made at Wapagh-
konetta, on the eighth day August, one thousand eight hundred and
thirty -one,) by John Tyler, President of the United States, by deed bear¬
ing date the eleventh day of May, one thousand eight hundred and
forty-four — said tract being described by metes and bounds as follows:
“ Beginning at a point in the western boundary of the State of Missouri,
three miles south of where said boundary crosses the mouth of Kansas
River, thence continuing south and coinciding with said boundary for
twenty -five miles; thence due west one hundred and twenty miles; thence
due north, until said line shall intersect the southern boundary of the
Kansas reservation; thence due east, coinciding with the southern bound¬
ary of said reservation, to the termination thereof; thence due north,
coinciding with the eastern boundary of said reservation , to the south¬
ern shore of the Kansas River; thence along said southern shore of
said river, to where a line from the place of beginning drawn due west,
shall intersect the same” — estimated to contain sixteen hundred thou¬
sand acres, more or less.

Article 2. The United States hereby cede to the Shawnee Indians
two hundred thousand acres of land, to be selected between the Mis¬
souri State line, and a line parallel thereto, and west of the same,
thirty miles distant; which parallel line shall be drawn from the Kan¬
sas River, to the southern boundary -line of the country herein ceded;
Provided, however. That the few families of Shawnees who now reside
on their own improvements in the ceded country west of said parallel
line, may, if they desire to remain, select there, the same quantity of
land for each individual of such family, which is hereinafter provided
for those Shawnees residing east of said parallel line — the said selection,
in every case, being so made as to include the present improvement of
each family or individual. Of the lands lying east of the parallel
line aforesaid, there shall first be set apart to the Missionary Society of
the Methodist Episcopal Church South, to include the improvements
of the Indian manual-labor school, three sections of land; to the Friends’
Shawnee labor-school, including the improvements there, three hun¬
dred and twenty acres of land; and to the American Baptist Missionary
Union, to include the improvements where the superintendent of their
school now resides, one hundred and sixty acres of land; also five acres
of land to the Shawnee Methodist Church, including the meeting-house
and graveyard; and two acres of land to the Shawnee Baptist Church,
including the meeting-house and graveyard. All the land selected, as

TREATY WITH THE SHAWNEE, 1854.

461

herein provided, west of said parallel line, and that set apart to the
respective societies for schools, and to the churches before named,
shall be considered as part of the two hundred thousand acres reserved
by the Shawnees.

All Shawnees residing east of said parallel line shall be entitled to,
out of the residue of said two hundred thousand acres, if a single per¬
son, two hundred acres, and if the head of a family, a quantity equal
to two hundred acres for each member of his or her family — to include,
in every case, the improvement on which such person or family now
resides; and if two or more persons or families occupy the same
improvement, or occupy different improvements in such close proxi¬
mity, that all of such persons or families cannot have the quantity of
land (to include their respective improvements) which they are entitled
to. and if in such cases the parties should be unable to make an ami¬
cable arrangement among themselves, the oldest occupant or settler
shall have the right to locate his tract so as to include said improve¬
ments, and the others must make a selection elsewhere, adjoining some
Shawnee settlement; and in every such case, the person or family retain¬
ing the improvement shall pay those leaving it for the interest of the
latter therein — the value of the same to be fixed, when the parties can¬
not agree thereupon, by such tribunal, and in such mode, as may be
prescribed by the Shawnee council, with the consent of the United
States agent for that tribe.

The privilege of selecting lands, under this provision, shall extend
to every head of a family, who, although not a Shawnee, may have
been legally married to a Shawnee, according to the customs of that
people, and adopted bj^ them; and to all minor orphan children of
Shawnees, and of persons who have been adopted as Shawnees, who
shall not have received their shares with any family; and all incom¬
petent persons shall have selections made for them adjacent, or as near
as practicable, to their friends or relatives, which selections shall be
made by some disinterested person or persons, appointed by the
Shawnee council, and approved by the United States agent. In the
settlement known as Black Bob’s settlement, in which he has an
improvement, whereon he resides; and in that known as Long Tail’s
settlement, in which he has an improvement whereon he resides, there
are a number of Shawnees who desire to hold their lands in common;
it is therefore agreed that all Shawnees, including the persons adopted
as aforesaid, and incompetent persons, and minor orphan children, who
reside in said settlements respectively, and all who shall, within sixty
days after the approval of the surveys hereinafter provided for, sig¬
nify to the United States agent their election to join either of said
communities and reside with them, shall have a quantity of land
assigned and set off to them, in a compact body, at each of the settle¬
ments aforesaid, equal to two hundred acres to every individual in each
of said communities. A census of the Shawnees residing at each of
these settlements, and of the minor orphan children of their kindred,
and of those electing to reside in said communities, shall be taken by
the United States agent for the Shawnees, in order that a quantity of
land equal to two hundred acres for each person may be set off and
allotted them, to hold in common as aforesaid. After all the Shawnees,
and other persons herein provided for, shall have received their shares
of the two hundred thousand acres of land reserved, it is anticipated
that there will still be a residue; and as there are some Shawnees who
have been for years separated from the tribe, it is agreed that what¬
ever surplus remains, after provision is made for all present members
of the tribe, shall be set apart, in one body of land, in compact form,
under the direction of the President of the United States; and all such
Shawnees as return to, and unite with the tribe, within five years from
the proclamation of this instrument, shall be entitled to the same quan¬
tity of lands, out of said surplus, and in the same manner, and subject

How the lands se¬
lected are to be divid¬
ed.

Provision for Black
Bob’s settlement and
Long Tail’s settle¬
ment

Provision for absent
Shawnees.

462

TREATY WITH THE SHAWNEE, 1854.

Assignments and
selections — how
made.

Payments in consid¬
eration of said cession .

Ante, p. 30.
Ante, p. 100.

Provision fox Shr.w-
nees electing to live
in common.

to the same limitations and provisions, as are hereinbefore made for
those now members of the said tribe; and whatever portion of said
surplus remains unassigned, after the expiration of said five years,
shall be sold as hereinafter provided, — the proceeds of all such sales
shall be retained in the Treasury of the United States until the expira¬
tion of ten years from the proclamation of this instrument, after which
time, should said absent Shawnees not have returned and united with
the tribe, all the moneys then in the Treasury, or that may thereafter
be received therein, as proceeds of the sales of such surplus land, shall
be applied to, or invested for, such beneficial or benevolent objects
among the Shawnees, as the President of the United States, after con¬
sulting with the Shawnee council, shall determine, — and should any
such absent Shawnees return and unite with said tribe, after the expi¬
ration of the period of five years hereinbefore mentioned, and before
the expiration of the said period of ten years, the proper portion of
any of said residue of lands that then may remain unsold shall be
assigned to such persons; and if all said lands have been disposed of,
an equitable payment in money shall be made to them out of the pro¬
ceeds of the said sales. The aforesaid assignments and selections of
lands in the tract lying between the Missouri State-line and the said
parallel line, shall be made within ninety days after the approval of
the survey of said tract, and if there be any individuals recognized as
at present entitled to lands therein, under the provisions of this article,
who shall not have selected, or had selected for them, within said
ninety days, their proper shares of land, the Shawnee council shall
select one or more disinterested persons, who shall, immediately after
the expiration of such ninety days, make selections of lands for them,
in the same manner, and subject to the same restrictions, as hereinbe¬
fore provided for minor orphan children, not members of a family,
and for incompetent persons. And those residing on improvements
west of the said parallel line, shall, within sixty days after the approval
of the survey of the lands on which they live, make the selections of
lands as, and to the amount, they are hereinbefore authorized to do.
It is agreed that all the tracts of land in this article assigned, or pro¬
vided to be assigned or selected, shall be assigned and selected accord¬
ing to the legal subdivisions of United States lands, and according to
the laws of the United States respecting the entry of public lands, so
far as said laws are applicable; and no portion of this instrument shall
be so construed as to nullify or impair this stipulation. And the said
Indians hereby cede, relinquish, and convey to the United States, all
tracts or parcels of land which may be sold, or are required to be sold
in pursuance of anj7 article of this instrument.

Article 3. In consideration of the cession and sale herein made, the
United States agree to pay to the Shawnee people, the sum of eight
hundred and twenty-nine thousand dollars, in manner as follows, viz:
Forty thousand dollars to be invested by the United States, at a rate of
interest not less than five per centum per annum, which, as it accrues,
is to be applied to the purposes of education; that amount, with the
addition of the three thousand dollars of perpetual annuities provided
by the treaties of August third, one thousand seven hundred and
ninety-five, and September twenty-ninth, one thousand eight hundred
and seventeen, and now hereby agreed to be likewise so applied,
together with the sum to be paid by the Missionary Society of the
Methodist Episcopal Church South, as hereinafter provided, being
deemed by the Shawnees as sufficient, for the present, for such pur¬
poses. Seven hundred thousand dollars, to be paid in seven equal
annual installments, during the month of October of each year, com¬
mencing with the year one thousand eight hundred and fifty-four; and
the residue of eighty-nine thousand dollars, to be paid within the same
month of the year, after the termination of that period.

Article 4. Those of the Shawnees who may elect to live in common
shall hereafter be permitted, if they so desire, to make separate selec-

TREATY WITH THE SHAWNEE, 1854.

463

tions within the bounds of the tract which may have been assigned to
them in common; and such selections shall be'made in all respects in
conformity with the rule herein provided to govern those who shall,
in the first instance, make separate selections.

Article 5. The lands heretofore described lying between the Mis Sale of said lands,
souri State-line, and the parallel line thirty miles west of it, as soon
after the ratification of this instrument as can conveniently be done,
shall be surveyed, in the same manner as the public lands of the United
States are surveyed, the expenses thereof to be borne by the Shawnees
and the United States in due proportion; and no white persons or citi- Locations and set-
zens shall be permitted to make locations or settlements within said until etc* 0 r b ld d e n
limits, until after all the lands shall have been surveyed, and the Shaw¬
nees shall have made their selections and locations, and the President
shall have set apart the surplus.

Article 6. The grants of land above made to missionary societies Conditions of the
and churches, shall be subject to these conditions: The grant to the uivinalchoSssocie'
Missionary Society of the Methodist Episcopal Church South, at the
Indian manual-labor school, shall be confirmed to said society, or to
such person or persons as may be designated by it, by patent, from the
President of the United States, upon the allowance to the Shawnees,
by said society, of ten thousand dollars, to be applied to the education
of their youth; which it has agreed to make. The grants for the
schools established by the Baptists and Friends, shall be held by their
respective boards of missions, so long as those schools shall be kept by
them — when no longer used for such purpose by said boards, the lands,
with the improvements, shall, under the direction of the President, be
sold at public sale, to the highest bidder, upon such terms as he may
prescribe, the proceeds to be applied by the Shawnees to such general
beneficial and charitable purposes as they may wish: Provided , That
the improvements shall be valued, and the valuation deducted from the
proceeds of sale, and returned to said boards respectively.

Article 7. Inasmuch as Joseph Parks and Black Hoof, who have share of Joseph
in times past rendered important services to the Shawnee Nation, ParksandBlackHoof-
would not, by reason of the small number of persons in their families,
be entitled under the provisions of Article 2 to a quantity of land
equal to that which will be generally received by the other members
of the tribe, it is agreed, at the request of the Shawnees, that Joseph
Parks, in lieu of the land which he would have a right to select under
the provisions of Article 2, shall have a quantity of land equal to two
sections, or twelve hundred and eighty acres, to include his present
residence and improvement; and Black Hoof, in lieu of that which he
would have a right to select as aforesaid, shall have a quantity of land
equal to one section, or six hundred and forty acres, to include his
present residence and improvement; and they shall make selections of
the land hereby granted them in the same manner and subject to the
same limitations as are prescribed in Article 2, for such as shall make
separate selections, in severalty, under the provisions thereof.

Article 8. Such of the Shawnees as are competent to manage their beH°yd money shall ■
affairs shall receive their portions of the aforementioned annual instal- epai '
ments in money. But the portions of such as shall be found incompe¬
tent to manage their affairs, whether from drunkenness, depravity, or
other cause, shall be disposed of by the President in that manner
deemed by him best calculated to promote their interests and the com¬
fort of their families, the Shawnee council being first consulted with
respect to such persons, whom it is expected they will designate to
their agent. The portions of orphan children shall be appropriated
by the President in the manner deemed by him best for their interests.

Article 9. Congress may hereafter provide for the issuing, to such Land patents to is-
of the Shawnees as may make separate selections, patents for the sue'
same, with such guards and restrictions as may seem advisable for
their protection therein.

464

TREATY WITH THE SHAWNEE, 1854.

said payments not Article 10. No portion of the money stipulated by this instrument
to be stopped for €ebts. ^ pajd to the Shawnees, shall be taken by the Government of the

United States, by its agent or otherwise, to pay debts contracted by
the Shawnees, as private individuals; nor any part thereof for the
payment of national debts or obligations contracted by the Shawnee
chiefs or council; Provided , That this article shall not be construed to
prohibit the council from setting apart a portion of any annual pay¬
ment, for purposes strictly national in their character, and for the
payment of national or tribal debts, first to be approved by the Presi¬
dent.

payment in full sat- Article 11. It being represented that many of the Shawnees have
isfaction of ail claims. gUstainec[ damage in the loss and destruction of their crops, stock, and
other property, and otherwise, by reason of the great emigration which
has for several years passed through their country, and of other causes,
in violation, as they allege, of guaranties made for their protection by
the United States, it is agreed that there shall be paid, in consideration
thereof, to the Shawnees, the sum of twenty-seven thousand dollars,
which shall be taken and considered in full satisfaction, not only of such
claim, but of all others of what kind soever, and in release of all
demands and stipulations arising under former treaties, with the
exception of the perpetual annuities, amounting to three thousand dol¬
lars, hereinbefore named, and which are set apart and appropriated in
Proof of claims. the third article hereof. All Shawnees who have sustained damage by

the emigration of citizens pf the United States, or by other acts of such
such citizens, shall, within six months after the ratification of this
treaty, file their claims for such damages with the Shawnee agent, to
be submitted by him to the Shawnee council for their action and deci¬
sion and the amount in each case approved shall be paid by said agent:
Provided , The whole amount of claims thus approved, shall not exceed
the said sum stipulated for in this article: And provided, That if such
amount shall exceed that sum then a reduction shall be made, pro rata ,
from each claim until the aggregate is lowered to that amount. If
less than that amount be adjudged to be due, the residue, it is agreed,
shall be appropriated as the council shall direct,
congress may make Article 12. If, from causes not now foreseen, this instrument should
^ectuat^the^objeets prove insufficient for the advancement and protection of the welfare
of this treaty. and interest of the Shawnees, Congress may hereafter, bylaw make

such further provision, not inconsistent herewith, as experience may
prove to be necessary to promote the interests, peace, and happiness
of the Shawnee people.

Eight of way over Article 13. It is agreed that all roads and highways, laid out by
selected lands. authority of the law, shall have a right of way through any of the

reserved, assigned, and selected lands, on the same terms that the law
provides for their location through the lands of citizens of the United
States; and railroad companies, when the lines of their roads neces¬
sarily pass through any of said lands, shall have the right of way, on
payment of a just compensation therefor in money,
conduct of Indians. Article 14. The Shawnees acknowledge their dependence on the
Government of the United States, and invoke its protection and care.
They will abstain from the commission of depredations, and comply,
as far as they are able, with the laws in such cases made and provided,
as they will expect to be protected, and to have their rights vindicated.
Provision against Article 15. The Shawnees agree to suppress the use of ardent
ardent spirits. spirits among their people, and to resist, by all prudent means, its
introduction into their settlements.

a Reservation at the Article 16. The United States reserve, at the site of the agency-
house in the Shawnee country, including the improvements, one hun¬
dred and sixty acres of land.

Article IT. The foregoing instrument shall be obligatory on the
contracting parties, as soon as the same shall be ratified by the Presi¬
dent and the Senate of the United States.

TREATY WITH THE MENOMINEE, 1854.

465

TREATY WITH THE MENOMINEE, 1854.

Articles of agreement . made and concluded at the Falls of Wolf River, May 12, 1854.
in the State of Wisconsin , on the twelfth day of May , one thousand io stats., p. 1064.
eight hundred and fifty-four, between the United States of America, i854°clalmed Aug' 2’
by Francis Huebschmann, superintendent of Indian affairs, duly
authorized thereto, and the Menomonee tribe of Indians, by. the chiefs,
headmen, and warriors of said tribe — such articles being supple¬
mentary and amendatory to the treaty made between the United States
and said tribe on the eighteenth da/y of October, one% thousa/nd eight
hundred and forty-eight.

Whereas, among other provisions contained in the treaty in the cap- Preamble,
tion mentioned, it is stipulated that for and in consideration of all the
lands owned by the Menomonees, in the State of Wisconsin, wherever
situated, the United States should give them all that country or tract
of land ceded by the Chippewa Indians of the Mississippi and Lake
Superior, in the treaty of the second of August, eighteen hundred and
forty-seven, and by the Pillager band of Chippewa Indians in the
treaty of the twenty -first of August, eighteen hundred and forty-seven,
which had not been assigned to the Winnebagoes, guarantied not to
contain less than six hundred thousand acres; should pay them forty
thousand dollars for removing and subsisting themselves; should give
them fifteen thousand dollars for the establishment of a manual-labor
school, the erection of a gfrist and saw mill, and for other necessary
improvements in their new country; should cause to be laid out and
expended in the hire of a miller, for the period of fifteen years, nine
thousand dollars; and for continuing and keeping up a blacksmith
shop and providing iron and steel for twelve years, commencing on
the first of January, eighteen hundred and fifty-seven, eleven thou¬
sand dollars.

And whereas, upon manifestation of great unwillingness on the part
of said Indians to remove to the country west of the Mississippi River,
upon Crow Wing, which had been assigned them, and a desire to
remain in the State of Wisconsin, the President consented to their
locating temporarily upon the W olf and Oconto Rivers.

Now, therefore, to render practicable the stipulated payments herein
recited, and to make exchange of the lands given west of the Missis¬
sippi for those desired by the tribe, and for the purpose of giving
them the same for a permanent home, these articles are entered into.

Article 1. The said Menomonee1 tribe agree to cede, and do hereby cession to united
cede, sell, and relinquish to the United States, all the lands assigned to States'
them under the treaty of the eighteenth of October, eighteen hundred
and forty-eight.

Article 2. In consideration of the foregoing cession the United ^Home^provkied in
States agree to give, and do hereby give, to said Indians for a home, ieuo suc cession'
to be held as Indian lands are held, that tract of country lying upon
the Wolf River, in the State of Wisconsin, commencing at the south¬
east corner of township 28 north of range 16 east of the fourth prin¬
cipal meridian, running west twenty -four miles, thence north eighteen
miles, thence east twenty -four miles, thence south eighteen miles, to the
place of beginning — the same being townships 28, 29, and 30, of ranges
13, 14, 15, and 16, according to the public surveys.

Article 3. The United States agree to pay, to be laid out and Payments,
applied under the direction of the President, at the said location, in the
establishment of a manual-labor school, the erection of a grist and saw
mill, and other necessary improvements, fifteen thousand, dollars; in
procuring a suitable person to attend and carry on the said grist and
saw mill, for a period of fifteen years, nine thousand. dollars, in con¬
tinuing and keeping up a blacksmith shop, and providing the usual

S. Doc. 452 - 30

466

TREATY WITH THE IOWA, 1854.

quantity of iron and steel for the use of said tribe, for a period of
twelve years, commencing with the year eighteen hundred and fifty-
seven, eleven thousand dollars; and the United States further agree
to pay the said tribe, to be applied under the direction of the Presi¬
dent, in such manner and at such times as he may deem advisable, for
such purposes and uses as in his judgment will best promote the
improvement of the Menomonees, the forty thousand dollars stipulated
to be applied to their removal and subsistence west of the Mississippi.
It being understood that all other beneficial stipulations in said treaty
of 1848 are to be fulfilled as therein provided.

Further payments. Article 4. In consideration of the difference in extent between the
lands hereby ceded to the United States, and the lands given in
exchange, and for and in consideration of the provisions hereinbefore
recited, and of the relinquishment by said tribe of all claims set up by
or for them, for the difference in quantity of lands supposed by them
to have been ceded in the treaty of eighteenth of October, eighteen
hundred and forty-eight, and what was actually ceded, the United
States agree to pay said tribe the sum of two hundred and forty -two
thousand six hundred and eighty-six dollars, in fifteen annual instal¬
ments, commencing with the year 1867 ; each instalment to be paid out
and expended under the direction of the President of the United
States, and for such objects, uses, and purposes, as he shall judge
necessary and proper for their wants, improvement, and civilization.

re&ty?nses °f this Article 5. It is further agreed that all expense incurred in negoti¬
ating this treaty shall be paid by the United States.

Article 6. This treaty to be binding on the contracting parties as
soon as it is ratified by the President and Senate of the United States,
and assented to by Osli-kosh and Ke-she-nah, chiefs of said tribe.

TREATY WITH THE IOWA, 1854.

May 17, 1854. Articles of agreement and convention made and concluded at the city
10 stats., p. 1069. of Washington , this seventeenth dang of May , one thousand eight hun-

gProciaimed July 17, dr ed and fifty -four, by George W. Many penny , commissioner on the
part of the United States , and the following -named delegates of the
Ioway tribe of Indians, viz: Nan-chee-nvng-a , or No Heart; Shoon-
ty-ing-a, or Little Wolf; Wah-moon-a-ka, or the Man who Steals;
and Nar-ge-ga-rash, or British; they being thereto duly authorized
by said tribe.

cession to tbeUnited Article 1. The Ioway tribe of Indians hereby cede, relinquish, and
ltates' convey to the United States, all their right, title, and interest in and

to the country, with the exception hereinafter named, which was
assigned to them by the treaty concluded with their tribe and the Mis¬
souri band of Sacs and Foxes, by William Clark, superintendent of
Indian affairs, on the seventeenth of September, one thousand eight
hundred and thirty-six, being the upper half of the tract described in
the second article thereof, as “the small strip of land on the south
side of the Missouri River, lying between the Kickapoo northern
boundary-line and the Grand Nemahaw River, and extending from the
Missouri back and westwardly with the said Kickapoo line and the
Grand Nemahaw, making four hundred sections; to be divided between
Reservation. the said Ioways and Missouri band of Sacs and Foxes; the lower half
to the Sacs and Foxes, the upper half to the Ioways,” but they except
and reserve of said country, so much thereof as is embraced within
and designated by the following metes and bounds, viz: Beginning at
the mouth of the Great Nemahaw River where it empties into the Mis¬
souri; thence down the Missouri River to the mouth of Noland’s Creek;

TREATY WITH THE IOWA, 1854.

467

thence due south one mile; thence due west to the south fork of the
Nemahaw River; thence down the said fork with its meanders to the
Great Nemahaw River, and thence with the meanders of said river to
the place of beginning, which country, it is hereby agreed, shall be
the future and permanent home of theloway Indians.

Article 2. In consideration of the cession made in the preceding
article, the United States agree to pay in the manner hereinafter
prescribed, to the Ioway Indians, all the moneys received from the
sales of the lands which are stipulated in the third article hereof, to
be surveyed and sold — after deducting therefrom the costs of survey¬
ing, managing, and selling the same.

Article 3. The United States agree to have surveys made of the
country ceded by the Ioways in article first in the same manner that
the public lands are surveyed, and as soon as it can conveniently be
done; and the President, after the surveys shall have been made and
approved, shall proceed to offer said surveyed land for sale, at public
auction, being governed therein by the laws of the United States
respecting sales of public lands; and such of said lands as may not be
sold at public sales, shall be subject to private entry in the manner
that private entries are made of United States land; and all the land
remaining unsold after being for three j^ears subject to private entry
at the minimum Government price, may, by act of Congress, be
graduated and reduced in price until the whole is disposed of, proper
regard being had, in making such reduction, to the interests of the
Ioways and the speedy settlement of the country. Until after the
said land shall have been surveyed, and the surveys approved, no
white persons or citizens shall be permitted to make thereon any loca¬
tion or settlement; and the provisions of the act of Congress, approved
on the third day of March, one thousand eight hundred and seven,
relating to lands ceded to the United States, shall, so far as they are
applicable, be extended over the lands herein ceded.

Article 4. It being understood that the present division-line
between the Ioways and the Sacs and Foxes of Missouri, as run by
Isaac McCoy, will, when the surveys are made, run diagonally through
many of the sections, cutting them into fractions; it is agreed that the
sections thus cut by said line, commencing at the junction of the Wolf
with the Missouri River, shall be deemed and taken as part of the land
hereinbefore ceded and directed to be sold for the benefit of the
Ioways, until the quantity thus taken, including the before-recited
reservation, and all the full sections north of said line, shall amount
to two hundred sections of land. And should the Sacs and Foxes of
Missouri consent to a change of their residence and be so located by
the United States as to occupy any portion of the land herein ceded
and directed to be sold for the benefit of the Ioways, west of the tract
herein reserved, the Ioways hereby agree to the same, and consent to
such an arrangement, upon the condition that a quantity of land equal
to that which may be thus occupied by the Sacs and Foxes, and of as
good quality, shall be set apart for them out of the country now occu¬
pied by the" last-named tribe, contiguous to said division-line, and sold
for their benefit as hereinbefore provided.

Article 5. As the receipts from the sales of the lands cannot now
be determined, it is agreed that the whole subject shall be referred to
the President of the United States, who may, from. time to time, pre¬
scribe how much of the proceeds thereof shall be paid out to the Ioway
people, and the time and mode of such payment, and also how much
shall be invested in safe and profitable stocks, the principal of which to
remain unimpaired, and the interest to be applied annually for the
civilization, education, and religious culture of the Ioways and such
other objects of a beneficial character as may be proper and essen¬
tial to their well-being and prosperity: provided, that if necessary,

Proceeds of sale to
be paid over to the
Indians.

Disposition of the
ceded lands.

Provision respect¬
ing the Sacs and
Foxes.

Investment of the
surplus sales and ap¬
propriation of the in¬
come.

468

TREATY WITH THE IOWA, 1854.

Division of the re¬
served lands.

Grant to the hoard
of missions.

Grant to John B.
Roy.

Private debts not to
be paid out of the
general fund.

Part of the fund set
apart by treaty of Oct.
19, 1838, maybe spent.

The remainder to
be held in trust.

Construction of
roads.

Provisions against
use of ardent spirits.

Congress may, from time to time, by law, make such regulations in
regard to the funds arising from the sale of said lands, and the appli¬
cation thereof for the benefit of the Ioways, as may in the wisdom of
that body seem just and expedient.

Article 6. The President may cause the country the Ioways have
reserved for their future home, to be surveyed, at their expense, and
in the same way as the public lands are surveyed, and assign to each
person or family such portion thereof as their industry and ability to
manage business affairs may, in his opinion, render judicious and
proper; and Congress may hereafter provide for the issuing to such
persons, patents for the same, with guards and restrictions for their
protection in the possession and enjoyment thereof.

Article 7. Appreciating the importance and the benefit derived
from the mission established among them by the board of foreign
missions of the Presbyterian Church, the Ioways hereby grant unto
the said board a tract of three hundred and twenty acres of land, to
be so located as to include the improvements at the mission, and also
a tract of one hundred and sixty acres of timbered land, to be selected
by some agent of the board from the legal subdivisions of the sur¬
veyed land; and the President shall issue a patent or patents for the
same, to such person or persons as said board may direct. They fur¬
ther grant to John B. Roy, their interpreter, a tract of three hundred
and twenty acres of land, to be selected by him in “Wolf’s Grove,”
for which the President shall also issue a patent.

Article 8. The debts of Indians contracted in their private deal¬
ings as individuals, whether to traders or otherwise, shall not be paid
out of the general fund.

Article 9. As some time must elapse before any benefit can be
derived from the proceeds of the sale of their land, and as it is desir¬
able that the Ioways should at once engage in agricultural pursuits
and in making improvements on the tract hereinbefore reserved for
them, it is hereby agreed that, of the fund of one hundred and fifty-
seven thousand five hundred dollars, set apart to be invested by the
second clause of the second article of the treaty concluded on the nine¬
teenth day of October, one thousand eight hundred and thirty-eight, a
sum not exceeding one hundred thousand dollars shall be paid to the
Indians, or expended under the direction of the President for the
erection of houses, breaking and fencing lands, purchasing stock, farm¬
ing utensils, seeds, and such other articles as may be necessary for
their comfort. Fifty thousand dollars, or so much thereof as may be
deemed expedient, to be paid during the year commencing on the first
of October, one thousand eight hundred and fifty-four; and the other
fifty thousand dollars, or so much thereof as shall be deemed expedi¬
ent, to be paid during the year commencing on the first of October,
one thousand eight hundred and fifty -five. The residue of said fund
of one hundred and fifty -seven thousand five hundred dollars on hand
after the payments herein provided for have been made shall remain
as a trust fund, the interest upon which, as well as the interest that
may have accrued on the portion drawn out, shall be applied, under
the direction of the President, to educational or other beneficial pur¬
poses among the Ioways.

Article 10. It is agreed that all roads and highways laid out by
authority of law shall have a right of way through the lands herein
reserved, on the same terms as are provided by law when roads and
highways are made through the lands of citizens of the United States;
and railroad companies, when the lines of their roads necessarily pass
through the lands of the Ioways, shall have right of way on the pay¬
ment of a just compensation therefor in money.

Article 11. The Ioways promise to renew their efforts to suppress
the introduction and use of ardent spirits in their country, to encour¬
age industry, thrift, and morality, and by every possible effort to pro-

469

TREATY WITH SAUK AND POXES OE MISSOURI, 1854.

mote their advancement in civilization. They desire to be at peace
with all men, and they bind themselves to commit no depredation or
wrong upon either Indians or citizens; and whenever difficulties arise
they will abide by the laws of the U nited States, in such cases made
and provided, as they expect to be protected and to have their rights
vindicated by them.

Article 12. The Ioway Indians release the United States from all
claims and demands of every kind and description arising under for¬
mer treaties, and agree to remove themselves within six months after
the ratification of this instrument, to the lands herein reserved for
their homes; in consideration whereof, the United States agree to pay
to said Indians five thousand dollars — two thousand of which with such
portion of balances of former appropriations of interest-fund as may
not now be necessary under specific heads, may be expended in the
settlement of their affairs preparatory to removal.

Article 13. The object of this instrument being to advance the
interests of the Ioway people, it is agreed, if it prove insufficient,
from causes which cannot now be foreseen, to effect these ends, that
the President may, by and with the advice and consent of the Senate,
adopt such policy in the management of their affairs, as, in his judg¬
ment, may be most beneficial to them; or Congress may hereafter
make such provision by law as experience shall prove to be necessary.

Article 14. This instrument shall be obligatory on the contracting
parties whenever the same shall be ratified by the President and the
Senate of the United States.

TREATY WITH THE SAUK AND FOXES OF MISSOURI, 1854.

Articles of agreement and convention made and concluded at the city of
Washington this eighteenth day of May, one thousand eight hundred
and fifty -four, by George W. Manypenny , commissioner on the part
of the United States , and the following -named delegates of the Sacs
and foxes of Missouri, viz: re-to-o-ke-mah, or Hard Fish ; Mo-less
or Wah-pe-nem-mah , or Sturgeon; Ne-son-quoit , or Bear ; Mo-ko-
ho-ko , or Jumping Fish; and No-ko-what , or Fox; they being thereto
duly authorized by the said Sac and Fox Indians.

Article 1. The Sacs and Foxes of Missouri hereby cede, relinquish
and convey to the United States all their right, title and interest in
and to the country assigned to them by the treaty concluded on the
seventeenth day of September, one thousand eight hundred and thirty-
six, between William Clark, superintendent of Indian affairs, on the
part of the United States, and the Ioways and Missouri Sacs and Foxes,
being the lower half of the country described in the second article
thereof as “the small strip of land on the south side of the Missouri
River, lying between the Kickapoo northern boundary-line and the
Grand Nemahaw River, and extending from the Missouri back and
westward^ with the said Kickapoo line and the Grand Nemahaw,
making four hundred sections; to be divided between the said Ioways
and Missouri band of Sacs and Foxes; the lower half to the Sacs and
Foxes, the upper half to the Ioways;” saving and reserving fifty sec¬
tions, of six hundred and forty acres each, which shall be selected in
the western part of the cession by the delegates, parties hereto, and
the agent for the tribe, after their return home, and which shall be
located in one body and set off by metes and bounds: Provided , That
the delegates and agent can find such an amount of land in one body
within said specified section of country suitable to the wants and wishes
of the Indians. And it is further provided , That should a suitable
location, upon examination, to the full extent of fifty sections not be

Friendly conduct

Release of claims
under former treaties.

May 18, 1854.

10 Stat. L., 1074.
Proclaimed July 17,
1854.

Ratified July 1L
1854.

Cession of lands to
the United States.

Reservation.

470

TREATY WITH SAUK AXD FOXES OF MISSOURI, 1854.

found within said western part of this cession, then the said delegates
and agent shall be permitted to extend the location west or northwest of
the county herein ceded and south of the Great Nemaha w River, over
so much of the public domain, otherwise unappropriated, as shall make
up the deficiency; or to make a selection entirely beyond the limits of
the country herein ceded upon any lands of the United States, not
otherwise appropriated, lying as aforesaid west or northwest of the
ceded country and south of the Great Nemahaw. And in either case
they shall describe their selection, which must be made within six
months from the date hereof, by metes and bounds, and transmit the
description thereof signed by said delegates and agent, to the Com¬
missioner of Indian Affairs; and thereupon the selection so made, shall
be taken and deemed as the future permanent home of the Sacs and
Foxes of Missouri. It is expressly understood that these Indians shall
claim under this article, no more than fifty sections of land, and if that
quantity or any portion thereof shall be selected, as provided above,
outside of the reservation herein made, then said reservation or a
quantity equal to that which may be selected outside thereof, shall be
and the same is hereby, ceded, relinquished, and conveyed to the
United States.

ceSon!eiit for said . Article 2. In consideration of the cession and relinquishment made
in the preceding article, the United States agree to pay to the Sacs and
Foxes of Missouri, the sum of forty -eight thousand dollars, in manner
following, viz: Fifteen thousand dollars in the month of October in
each of the years one thousand eight hundred and fifty-four and one
thousand eight hundred and fifty-five; ten thousand dollars in the same
month of the year one thousand eight hundred and fifty-six, and eight
thousand dollars in the same month of the year one thousand eight
hundred and fifty-seven; which several sums shall be paid directly to
the Indians, or otherwise, as the President may deem advisable, for
building houses, breaking and fencing lands, purchasing stock, farm¬
ing-implements, seeds, and such other articles as may be necessary for
their comfort and prosperity.

reservation!11 °f said Article 3. The President may cause to be surveyed, in the same
manner in which the public lands are surveyed, the reservation herein
provided for the Sacs and Foxes of Missouri, and may assign to each
person or family desiring it such quantity of land as, in his opinion,
will be sufficient for such person or family, with the understanding
that he or they will occupy, improve, and cultivate the same, and com¬
ply with such other conditions as the President may prescribe. The
land thus assigned may hereafter be confirmed by patent to the parties,
or their representatives, under such regulations and restrictions as
Congress may prescribe.

famS mm tbeir Article 4. The said Indians reserve a tract of one section of land at
the site of their present farm and mill, and to include the same; and
if they desire it, said farm may be cultivated for them for a term not
exceeding two years — at the end of which time, or sooner if the Indians
request it, the said tract and mill may be sold by the President to the
highest bidder, and upon payment being made a patent to issue to the
purchaser; the proceeds of the sale to be paid over to the Indians with
their other moneys.

of mfssions the board Article 5. At the request of the Indians, it is hereby agreed that

the Board of Foreign Missions of the Presbyterian Church shall have a
tract of one hundred and sixty acres of land, to be selected by said board
at a distance not exceeding two miles in a westerly direction from the
grant made to said board at their mission by the Ioway Indians — and
the President is authorized to issue a patent for the same to such per¬
son or persons as said board may designate.

unde/former treati“s Article 6. The said Indians release the United States from all claims
or demands of any kind whatsoever arising, or which may hereafter
arise, under former treaties, and agree to remove within six months

TREATY WITH THE KICKAPOO, 1854.

471

after the ratification of this instrument, and to subsist themselves,
without cost to the United States. In consideration of which release
and agreement, the United States agree to pay them the sum of five
thousand dollars— three thousand of which may be applied to the set¬
tlement of their affairs preparatory to removal.

Article 7. The invested fund provided by the second clause of the Provisions respect-
second article of the treaty of twenty-first day of October, one thou- SfdSe£ty^roctd
sand eight hundred and thirty-seven, (being one hundred and fifty- 21- 1837-
seven thousand four hundred dollars,) shall remain with the United
States at an annual interest of five per cent. , which interest as it accu¬
mulates, shall be expended under the direction of the President in
such manner as he may deem best for the interests of the Indians— and
a like disposition may be made of any unexpended balance of interest
now on hand.

Article 8. No part of the moneys hereby stipulated to be paid to Private debts not to
the Indians or for their benefit, or of their invested fund, shall be fundCharged on the
applied to the payment of debts contracted by them in their private
dealings, as individuals, whether with traders or otherwise.

Article 9. It is agreed by said Indians that all roads and highways construction of
laid out by authority of law, shall have right of way through their roads-
reservation on the same terms as are provided by law when roads and
highways are made through lands of citizens of the United States; and
railroad companies, when the lines of their roads necessarily pass
through the lands of these Indians, shall have right of way on the pay¬
ment of a just compensation therefor in money.

Article 10. The said Indians promise to use their best efforts to Ardent spirits,
prevent the introduction and use of ardent spirits in their country; to
encourage industry, thrift and morality; and by every possible means
to promote their advancement in civilization. They desire to be at conduct of Indians,
peace with all men, and therefore bind themselves to commit no depre¬
dation or wrong upon either Indians or citizens, and whenever diffi¬
culties arise, to abide by the laws of the United States in such cases
made and provided, as they expect to be protected and to have their
own rights vindicated by them.

Article 11. The object of these articles of agreement and conven- Future arrange-
tion being to advance the true interests of the Sac and Fox Indians, it SentobjectsefofCtltua
is agreed should they prove insufficient, from causes which cannot treaty,
now be foreseen, to effect these ends, that the President may, by and
with the advice and consent of the Senate, adopt such policy in the
management of their affairs, as in his judgment may be most beneficial
to them; or Congress may hereafter make such provisions by law, as
experience shall prove to be necessary.

Article 12. This instrument shall be obligatory on the contracting

Parties whenever the same shall be ratified by the President and the
enate of the United States.

TREATY WITH THE KICKAPOO, 1854.

Articles of agreement and convention made and concluded at the city of May is, 1854.
Washington this eighteenth day of May , one thousand eight hundred 10 stat., io78.
and fifty -four , by George W. Ma/riypewny, commissioner on the part i854roclaiined July 17,
of the United States , and the following -named delegates of the Kick- 18|atifled- July u>
apoo tribe of Indians , viz: Pah-kah-kah er John Kermekuk , Kap-i-
o-mah or the Fox Carrier , No-ka-wat or the Fox Hair; Pe-sha-gon
or Tug made of Bear Skin , and Ke-wi-sah-tuk or Walking Bear or
Squire , thereto duly anithorized by said tribe.

Article 1. The Kickapoo tribe of Indians hereby cede, sell, and theefuited0stetTsd t0
convey unto the United States all that country southwest of the Mis¬
souri River, which was provided as a permanent home, for them in the

472

TREATY WITH THE KICKAPOO, 1854.

treaty of Castor Hill, of the twenty-fourth of October, one thousanu
eight hundred and thirty -two, and described in the supplemental arti¬
cle thereto, entered into at Fort Leavenworth, on the 26th of Novem¬
ber, one thousand eight hundred and thirty -two, as follows: Beginning
“ on the Delaware line, where said line crosses the left branch of Salt
Creek, thence down said creek to the Missouri River, thence up the Mis¬
souri River thirty miles when measured on a straight line, thence west-
wardly to a point twenty miles from the Delaware line, so as to include
Reservation for a in the lands assigned to the Kiekapoos, at least twelve hundred square
miles;77 saving and reserving, m the western part thereof, one hundred
and fifty thousand acres for a future and permanent home, which shall
be set off for, and assigned to, them by metes and bounds. Provided \
That upon the return home of the delegates here contracting, and upon
consultation with their people, and after an exploration if required by
them, in company with their agent, a location to that extent can be
found within said specified section of country suited to their wants and
wishes. And it is also further provided. That should a suitable loca¬
tion, upon examination and consultation, to the full extent of one hun¬
dred and fifty thousand acres, not be found within said western part
of this cession, then the said delegates and agent shall be permitted to
extend the location beyond the western line of the country herein
ceded and north of the recent Delaware line over so much of the public
domain, otherwise unappropriated, as shall make up the deficiency —
or to make a selection entirely beyond the limits of the country at
present occupied by the Kiekapoos upon any lands of the United States,
not otherwise appropriated, lying within" the limits bounded by the
said western line, by the recent Delaware northern line, and the waters
of the Great Nemahaw River; and in either case they shall describe
their selection, which must be made within six months from the date
hereof, by metes and bounds, and transmit the description thereof,
signed by said delegates and agent, to the Commissioner of Indian
Affairs; and thereupon, the selection so made, shall be taken and deemed
as the future permanent home of the Kickapoo Indians. It is expressly
understood that the Kiekapoos shall claim under this article no more
than one hundred and fifty thousand acres of land; and if that quantity,
or any portion thereof shall be selected, as provided above, outside of
the reservation herein made, then said reservation, or a quantity equal
to that which may be selected outside thereof, shall be, and the same
is hereby, ceded and relinquished to the United States.

•esMoifeilt for said Article 2. In consideration whereof the United States agree to pay
to the said Indians, under the direction of the President, and in suck
manner as he shall from time to time prescribe, the sum of three hun¬
dred thousand dollars, as follows: one hundred thousand dollars to be
invested at an interest of five per centum per annum; the interest of
which shall be annually expended for educational and other beneficial
purposes. The remaining two hundred thousand dollars to be paid
thus: Twenty -five thousand dollars in the month of October, one thou¬
sand eight hundred and fifty-four; twenty thousand dollars during the
same month in each of the years one thousand eight hundred and fifty-
five and one thousand eight hundred and fifty-six; fourteen thousand
dollars during the same month in each of the years one thousand eight
hundred and fifty-seven and one thousand eight hundred and fifty-
eight; nine thousand dollars in the same month of each of the six years
next succeeding that of one thousand eight hundred and fifty-eight;
seven thousand dollars in the same month of each of the four years
next succeeding the expiration of the last-named period of six years;
and five thousand dollars in the same month of each of the five years
How expended. next succeeding the last-named four years. And as the Kiekapoos
will remove to a new home, and will, therefore, require the principal
portion of the annual payments for several years to aid in building
houses, in breaking and fencing land, in buying stock, agricultural

TREATY WITH THE KICKAPOO, 1854.

473

implements, and other articles needful for their comfort and civiliza¬
tion, it is understood that such portion of said annual payments as may
be necessary, will be appropriated to and expended for such purposes.

Article 3. The President may cause to be surveyed, in the same Disposition of the
manner in which the public lands are surveyed, the reservation herein reservation-
provided for the Kickapoos; and may assign to each person, or family
desiring it, such quantity of land as, in his opinion, will be sufficient
for such person, or family, with the understanding that he, or they,
will occupy, improve, and cultivate the same, and comply with such
other conditions as the President may prescribe. The land thus
assigned may hereafter be confirmed by patent to the parties, or their
representatives, under such regulations and restrictions as Congress
may impose.

Article 4. It is agreed that the United States shall pay to such of Payment for im-
the Kickapoos,. as have improvement upon the lands hereby ceded a Provements-
fair compensation for the same — the value to be ascertained in such
mode as shall be prescribed by the President.

Article 5. The debts of Indians contracted in their private dealings Private debts not to
as individuals, whether to traders or others, shall not be paid out of taaid from general
the general fund.

Article 6. It is the desire of the Kickapoo Indians that their faith- dl^rant to Peter Ca'
ful friend and interpreter, Peter Cadue, should have a home provided
for him and his family. It is therefore agreed that there shall be
assigned to him a tract of land equal to one section, to be taken from
the legal subdivisions of the survej^ed land, and to include his present
residence and improvement on Cadue’s Creek, and the President is
authorized to issue a patent to him for the same.

Article 7. It is agreed that all roads and highways laid out by ro2dSnstructio11 of
authority of law shall have right of way through the reservation on
the same terms as are provided by law when roads and highways are
made through lands of citizens of the United States; and railroad com¬
panies, when the lines of their roads necessarily pass through the lands
of the Kickapoos, shall have right of way on the payment of a fair
compensation therefor in money.

Article 8. The Kickapoos release the United States from all claims trf®t1fea8efromformer
or demands of any kind whatsoever, arising or which may hereafter r a s-
arise under former treaties, and agree within twelve months after the
ratification of this instrument, to remove and subsist themselves, with¬
out cost to the United States; in consideration of which release and
agreement the United’ States agree to pay them the sum of twenty
thousand dollars.

Article 9. The Kickapoos promise to use their best efforts to pre- Provisions against
vent the introduction and use ot ardent spirits m their country, to
encourage industry, thrift, and morality, and by every possible means
to promote their advancement in civilization. They desire to be at
peace with all men, and therefore bind themselves to commit no dep- ^.conduct of the in-
redation or wrong upon Indians or citizens, and whenever difficulties
arise to abide by the laws of the United States in such cases made and
provided, as they expect to be protected and to have their own rights
vindicated by them.

Article 10. The object of these articles of agreement and conven- mfnutgtutroe ^yange-
tion being to advance the true interests of the Kickapoo people, it is the objects of this
agreed, should they prove insufficient, from causes which cannot now treaty-
be foreseen, to effect these ends, that the President may, by and with
the advice and consent of the Senate, adopt such policy in the man¬
agement of their affairs as in his judgment may be most beneficial to
them; or Congress may hereafter make such provision by law, as
experience shall prove to be necessary.

Article 11. This instrument shall be obligatory on the contracting

garties whenever the same shall be ratified by the President and the
enate of the United States.

474

TREATY WITH THE KASKASKIA, PEORIA, ETC., 1854.

May 30, 1864.

10 Stats., p. 1082.
Proclaimed Aug. 10,
1864.

Ratified August 2,
1854.

Consent of the
United States to union
of tribes.

Cession to theUnited
States.

Ante, p. 280.

Reservation.

Disposition of ceded
lands.

Selection of lots.

TREATY WITH THE KASKASKIA, PEORIA, ETC., 1854.

Articles of agreement cmd convention made and concluded at the city. of
Washington , this thirtieth day of May, one thousand eight hundred
and fifty four , by George W. Many penny, commissioner on the part
of the united States , and the following-ncm,ed delegates representing
the united tribes of Kaskaskia and Peoria , Piankeshano and Wea
Indians , viz: Kio-kaw-mo-za/n , David Zykins ; Sa-wa-ne-ke-ah , or
Wilson ; Sha-cah-guah , or Andrew Chick; Ta-ko-nah , or Mitchel;
Che-swa-wa , or Rogers' and Yellow Beaver , they being duly author¬
ized thereto by the said India/ns.

Article 1. The tribes of Kaskaskia and Peoria Indians, and of
Piankeshaw and Wea Indians, parties to the two treaties made with
them respectively by William Clark, Frank J. Allen, and Nathan
Konns, commissioners on the part of the United States, at Castor Hill,
on the twenty-seventh and twenty-ninth days of October, one thousand
eight hundred and thirty-two, having recently in joint council assem¬
bled, united themselves" into a single tribe, and having expressed a
desire to be recognized and regarded as such, the United States hereby
assent to the action of said joint council to this end, and now recognize
the delegates who sign and seal this instrument as the authorized
representatives of said consolidated tribe.

Article 2. The said Kaskaskias and Peorias, and the said Pianke-
shaws and Weas, hereby cede and convey to the United States, all their
right, title, and interest in and to the tracts of country granted and
assigned to them, respectively, by the fourth article of the treaty of
October twenty-seventh, and the second article of the treaty of Octo¬
ber twenty-ninth, one thousand eight hundred and thirty -two, for a
particular description of said tracts, reference being had to said arti¬
cles; excepting and reserving therefrom a quantity of land equal to
one hundred and sixty acres for each soul in said united tribe, accord¬
ing to a schedule attached to this instrument, and ten sections additional,
to be held as the common property of the said tribe — and also the grant
to the American Indian Mission Association, hereinafter specifically set
forth.

Article 3. It is agreed that the United States, shall as soon as it
can conveniently be done, cause the lands hereby ceded to be surveyed
as the public lands are surveyed; and, that the individuals and heads
of families shall, within ninety days after the approval of the surveys,
select the quantity of land therefrom to which they may be respec¬
tively entitled as specified in the second article hereof; and that the
selections shall be so made, as to include in each case, as far as possible,
the present residences and improvements of each — and where that is
not practicable, the selections shall fall on lands in the same neighbor¬
hood; and if by reason of absence or otherwise the above-mentioned
selections shall not all be made before the expiration of said period,
the chiefs of the said united tribe shall proceed to select lands for those
in default; and shall also, after completing said last-named selections,
choose the ten sections reserved to the tribe; and said chiefs in the execu¬
tion of the duty hereby assigned them, shall select lands lying adjacent
to or in the vicinity of those that have been previously chosen by indi¬
viduals. All selections in this article provided for, shall be made in
conformity with the legal subdivisions of the United States lands, and
shall be reported immediately in writing, with apt descriptions of the
same, to the agent for the tribe. Patents for the lands selected by or
for individuals or families may be issued subject to such restrictions
respecting leases and alienation as the President or Congress of the
United States may prescribe. When selections are so made or

TREATY WITH THE EA.SEA.SKIA, PEOBIA, ETC., 1854.

475

Sale of residue.

Proceeds of sale.

attempted to be made as to produce injury to, or controversies between
individuals, which cannot be settled by the parties, the matters of dif¬
ficulty shall be investigated, and decided on equitable terms by the
council of the tribe, subject to appeal to the agent, whose decision
shall be final and conclusive.

Article 4. After the aforesaid selections shall have been made, the
President shall immediately cause the residue of the ceded lands to be
offered for sale at public auction, being governed in all respects in
conducting such sale by the laws of the United States for the sale of
public lands, and such of said lands as may not be sold at public sale,
shall be subject to private entry at the minimum price of United States
lands, for the term of three years; and should any thereafter remain
unsold. Congress may, by law, reduce the price from time to time,
until the whole of said lands are disposed of, proper regard being had
in making the reduction to the interests of the Indians and to the set¬
tlement of the countiy. And in consideration of the cessions herein¬
before made, the United States agree to pay to the said Indians, as
hereinafter provided, all the moneys arising from the sales of said
lands after deducting therefrom the actual cost of surveying, manag¬
ing, and selling the same.

Article 5. The said united tribes appreciate the importance and CaSra2<^nh^ffion
usefulness of the mission established in their country by the board of Association,
the American Indian Mission Association, and desiring that it shall
continue with them, they hereby grant unto said board a tract of one
section of six hundred and forty acres of land, which they, by their
chiefs, in connection with the proper agent of the board, will select;
and it is agreed that after the selections shall have been made, the
President shall issue to such person or persons as the aforesaid board
may designate, a patent for the same.

Article 6. The said Kaskaskias and Peorias, and the said Pianke- present'annuities and
shaws and Weas, have now, by virtue of the stipulations of former under

treaties, permanent annuities amounting in all to three thousand eight
hundred dollars per annum, which they hereby relinquish and release,
and from the further payment of which they forever absolve the
United States; and they also release and discharge the United States
from all claims or damages of every kind by reason of the non-fulfil¬
ment of former treaty stipulations, or of injuries to or losses of stock
or other proper tv by the wrongful acts of citizens of the United
States; and in consideration of the relinquishments and releases afore- ,
said, the United States agree to pay to said united tribe, under the
direction of the President, the sum of sixty-six thousand dollars, in
six annual instalments, as follows: In the month of October, in each
of the rears one thousand eight hundred and fifty-four, one thousand
eight hundred and fifty -five, and one thousand eight hundred and fifty-
six, the sum of thirteen thousand dollars, and in the same month in
each of the rears one thousand eight hundred and fifty-seven, one
thousand ernlit hundred and fifty-eight, and one thousand eight hundred
and fiftv-nme, nine thousand dollars, and also to furnish said tribe
with an interpreter and a blacksmith for five years, and supply the
smith-shop with iron, steel, and tools, for a like period.

Article 7. The annual payments provided for m article six are ^posmon pay-
designed to be expended by the Indians, chiefly m extending their
farming operations, building houses, purchasing stock, agricultural
implements, and such other things as may promote their improve¬
ment and comfort, and shall so be applied by them But at their
request it is agreed that from each of the said annual payments the
sum of five hundred dollars shad be reserved for the support of the
acred and infirm, and the sum of two thousand dollars shall beset off
and applied to the education of their youth; and from each of the first

Payment for such

476

Settlements by oth¬
ers not permitted till
after selection by In¬
dians.

Debt of individuals
not a charge on the
fund.

Provision for those
intemperate, etc.

Provision against
the use of ardent
spirits.

Conduct of Indians.

Future arrange¬
ments to effectuate
the objects of this
treaty

Construction of
roads.

Provisions for per¬
sons omitted in sched¬
ule.

TREATY WITH THE KASKASKIA, PEORIA, ETC., 1854.

three there shall also be set apart and applied the further sum of two
thousand dollars, to enable said Indians to settle their affairs. And
as the amount of the annual receipt from the sales of their lands, can¬
not now be ascertained, it is agreed that the President may, from time
to time, and upon consultation with said Indians, determine how much
of the net proceeds of said sales shall be paid them, and how much shall
be invested in safe and profitable stocks, the interest to be annually
paid to them, or expended for their benefit and improvement.

Article 8. Citizens of the United States, or other persons not
members of said united tribe, shall not be permitted to make locations
or settlements in the country herein ceded, until after the selections
provided for, have been made by said Indians; and the provisions of
the act of Congress approved March third, one thousand eight hun
dred and seven, in relation to lands ceded to the United States, shall,
so far as the same are applicable, be extended to the lands herein
ceded.

Article 9. The debts of individuals of the tribe, contracted in their
private dealings, whether to traders or otherwise, shall not be paid
out of the general funds. And should any of said Indians become
intemperate or abandoned, and waste their property, the President
may withhold any moneys due or payable to such, and cause them to
be paid, expended or applied, so as to ensure the benefit thereof to
their families.

Article 10. The said Indians promise to renew their efforts to pre¬
vent the introduction and use of ardent spirits in their comffny, to
encourage industry, thrift, and morality, and by every possible means
to promote their advancement in civilization. They desire to be at
peace with all men, and they bind themselves not to commit depreda¬
tion or wrong upon either Indians or citizens; and, should difficulties
at any time arise, they will abide by the laws of the United States in
such cases made and provided, as they expect to be protected and to
have their rights vindicated by those laws.

Article 11. The object of the instrument being to advance the inter¬
ests of said Indians, it is agreed if it prove insufficient, from causes
which cannot now be foreseen, to effect these ends, that the President
may, by and with the advice and consent of the Senate, adopt such
policy in the management of their affairs, as, in his judgment, may be
most beneficial to them; or, Congress may hereafter make such provi¬
sions by law as experience shall prove to be necessary.

Article 12. It is agreed that all roads and highways, laid out by
authority of law, shall have right of way through the lands herein
ceded and reserved, on the same terms as are provided by law, when
roads and highways are made through lands of citizens of the United
States; and railroad companies, when the lines of their roads necessarily
pass through the lands of the said Indians, shall have right of way, on the
payment of a just compensation therefor in money.

Article 13. It is believed that all the persons and families of the
said combined tribe are included in the annexed schedule, but should
it prove otherwise, it is hereby stipulated that such person or family
shall select from the ten sections reserved as common property, the
quantity due, according to the rules hereinbefore prescribed, and the
residue of said ten sections or all of them, as the case may be, may
hereafter, on the request of the chiefs, be sold by the President, and
the proceeds applied to the benefit of the Indians.

Article 14. This instrument shall be obligatory on the contracting
parties whenever the same shall be ratified by the President and the
Senate of the United States.

477

TREATY WITH THE KASKASKIA, PEORIA, ETC., 1854.

Schedule of persons or families composing the united tribes of Weas
Plan fees haws, Peorias, and Kaskaskias, with the quantity of land to
be selected in each case as provided in the second and third articles.

Persons or families.

Mask-ske-we-lot-ta, or Joe Peoria . . .

Marcus Lindsay _

Sam Slick _ _

Wak-ka-konak, or Billy.. . .

Wak-kak-ko-se-ah _ _

Lutker Pascal _ _ _

Lewis Pascal _ _

Jokh Pascal _

Edward Black _ _

Ska-cak-quak, or Andrew Ckick . . . .

Che-swa-wa, or Rodgers _ . _ _

Jokn Westley _ _

Ma-co-se-tak, or F. Valley . .

Ma-cka-co-me-yak, or David Lykins _

Sa-wa-na-ke-keak, or Wilson .1 _

Na-me-quak-wak _ _

Pun-gish-e-no-qua _ _ _ _

Ma-cen-sah _

Yellow Beaver _ _ _

J okn Ckarly _ _ _

Bam-ba-cap-wa, or Battiste Ckarly _

Pak-to-cak _ _ _

Lee-we-ak, or Lewis _ _ _

Mak-kon-sak, junior _

Baptiste Peoria _ _

Ma-qua-ko-non-ga, or Lewis Peckkam _

Captain Mark _ _ _ _

Te-com-se, or Edward Dajexat _

Tkomas Hedges _

Pak-ka-ko-se-qua _ _

En-ta-se-ma-qua _

Yon-za-na-ke-sa-gak _ _ _ _

Aw-sap-peen-qua-zak _ _ _ -

Kio-kaw-mo-zaw _

Ckin-qua-ke-ak _

Peter Cloud _ - - - - -

Au-see-pan-nak, or Coon - - -

My-ke-num-ba - - -

Kisk-e-koon-sah _ _ _

Kisk-e-wan-e-sak _ _ —

Sko-cum-qua _ _ _

Pe-ta-na-ke-ka-pa _

Pa-kan-giak _

Se-pak-ke-ak - - -

Ngo-to-kop-wa -

Kil-so-qua _

Be-zio, or Ben -

Kil-son-zak _

Skaw-lo-lee _

Ke-ske-kon-sak, or Wea - - - -

Ak-skaw-we-se-wak - -

George Clinton -

Ke-kaw-ke-to-qua - - -

Sa-saw-kaw-qua-ga, or Kain Tuck -

Males. Females. Total, dumber

2 2 4 640

3 3 6 960

5 1 6 960

1 0 1 160

1 1 2 320

2 2 4 640

1 1 2 320

1 0 1 160

3 2 5 800

3 4 7 1,120

2 4 6 960

1 1 2 320

3 1 4 640

3 2 5 800

1 2 3 480

2 0 2 320

1 3 4 640

1 1 2 320

3 3 6 960

2 3 5 800

2 2 4 640

1 2 3 480

2 2 4 640

3 5 8 1, 280

5 2 7 1,120

2 2 4 640

3 1 4 640

1 1 2 320

0 1 1 160

2 1 3 480

4 0 4 640

4 2 6 960

2 3 5 800

3 - 3 480

2 1 3 480

3 3 6 960

1 2 3 480

3 1 4 640

2 2 320

2 0 2 320

2 1 3 480

112 320

1 1 2 320

2 2 4 640

1 2 3 480

2 1 3 480

12 3 480

2 - 2 320

2 2-4 640

2 3 5 800

478

TREATY WITH THE MIAMI, 1854.

Schedule of persons or families composing the united tribes of Weasr
Piankeshaws , Peorias, and Kaskaskias , etc. —Continued.

Persons or families. Males. Females. Total. Number

of acres.

Wah-sah-ko-le-ah _ _ _ 1 3 4 340

Kin-ge-ton-no-zah, or Red Bird- . 1 1 2 820

Paw-saw-qua, or Jack Booei - _ . 3 1 4 640

No-wa-ko-se-ah _ _ _ 2 - 2 320

Me-shin-qua-me-saw _ 1 3 4 640

Chen-gwan-zaw _ 3 _ 3 430

Ke-che-kom-e-ah _ 2 - 2 320

Na-me-qua-wah, junior _ 2 - 2 320

Ta-pah-con-wah _ 1 1 2 320

Pa-pee-ze-sa-wah. _ 1 1 2 320

Ta-ko-nah, or Mitch el _ 2 3 5 800

Pe-la-she-.. - - 1 1 2 320

Wah-ke-shin-gah _ 2 2 4 640

Waw-pon-ge-quah, or Mrs. Ward _ _ 3 3 6 960

Paw-saw-kaw-kaw-maw _ - 2 2 320

Ke-maw-lan-e-ah _ 2 3 5 800

Qua-kaw-me-kaw-trua, or J. Cox. . . 2 2 4 640

Cow-we-shaw _ 2 - 2 320

Tah-wah-qua-ke-mon-ga _ 3 1 4 640

TREATY WITH THE MIAMI, 1854.

June 5, 1854. Articles ^ of agreement and convention made and concluded at the city of

10 stats., p. 1093. Washington, this fifth day of June , one thousand eight hundred and
i854°claimed Aug' 4’ fifty -four\ between George W. Many penny , commissioner on the part
Ratified Aug. 4, 1854. of the United States , and the following-named delegates representing
the Miami tribe of Indians , viz: Mah-we-lan-quah , or Pig Legs /
Ma-cat-a-chin-quah , or Little Doctor; Lan-a-pin-cha , or Jack Hack-
leyj So-ne-lan-gish-eah, or John Bowrie; and Wan-zop-e-ah; they
being thereto duly authorized by said tribe — and Me-shin-go-me-zia ,
Po-con-ge-ah , Pim-yi-oh-te-mah , Wop-pop-pe-tah, or Bondy, and
Ke-ah-cot-woh , or Buffalo , Miami Indians , residents of the State of
Indiana , being present , and assenting , approving , agreeing to, and
confirming said articles of agreement and convention.

United states* 0 the 4RTICLE 1* Tbe said Miami Indians hereby cede and convey to the
United States, all that certain tract of country set apart and assigned
to the said tribe, by the article added by the Senate of the United
States, by resolution of the date of February twenty-fifth, one thou¬
sand eight hundred and forty-one, to the treaty of November twenty-
eighth, one thousand eight hundred and forty, and denominated among
the amendments of the Senate as 44 Article 12,” which was assented to
by said Indians, on the fifteenth day of May, one thousand eight hun¬
dred and fortj^-one; which tract is designated in said article as 4 4 bounded
on the east by the State of Missouri, and on the north by the country
of the Weas and Piankeshaws, on the west by the Pottowatomies of
Reservation for Indiana, and on the south by the land assigned to the New York Indians,
nomes ana schools, estimated to contain five hundred thousand acres,” excepting and
reserving therefrom seventy thousand acres for their future homes,
and also a section of six hundred and forty acres for school purposes,
_ . ... to be selected and assigned to said tribe as hereinafter provided.

cedeT?andsn ° e Article 2. The United States shall, as soon as it can conveniently
be done, cause the lands herein ceded and reserved, to be surveyed, as
the Government lands are surveyed, the Miamis bearing the expense

479

TREATY WITH THE MIAMI, 1854.

of survey of the reserved land; and within four months after the
approval of such surveys, each individual or head of a family of the
Miami tribe, now residing on said lands, shall select, if a single person,
two hundred acres; and if the head of a family, a quantity equal to
two hundred acres for each member of the family; which selections
shall be so made as to include in each case, as far as practicable, the
present residences and improvements of each person or family, and,
where it is not practicable, the selection shall fall on lands in the same
neighborhood. And if, by reason of absence or otherwise, any single
person, or head of a family, entitled to lands as aforesaid, shall fail to
make his or her selection within the period prescribed, the chiefs of
the tribe shall proceed to select the lands for those thus in default.

The chiefs shall also select the six hundred and forty acres hereinbe¬
fore reserved for their school, to include the buildings erected for
school purposes, and to embrace a sufficient portion of timber-land.

After all of the before-named selections shall have been made, the
said chiefs shall further proceed to select, in a compact body, and con¬
tiguous to the individual reservations, the residue of the seventy thou¬
sand acres accepted and reserved by the preceding article, which body
of land shall be held as the common property of the tribe, but may, at
any time, when the chiefs and a majority of the tribe request it, be
sold by the President, in the manner that public lands of the United tiosnaleof the reserva*
States are sold, and the proceeds, after deducting the expense of such
sale, be paid to the tribe, under the direction of the President, and in
such mode as he may prescribe : Provided , That if any single person or
family entitled to land, shall have been overlooked, or wrongfully
excluded, and shall make the fact appear to the satisfaction of the
chiefs, such person or family may, with the approbation of the Com¬
missioner of Indian Affairs, receive their quantity, by the rule pre¬
scribed in this article, out of the tract to be thus selected and held as
the common property of the tribe. All the selections herein provided
for, shall, as far as practicable, be made in conformity with the legal
subdivisions of United States lands, and immediately reported to the
agent of the tribe, with apt descriptions of the same, and the President
may cause patents to issue to single persons or heads of families for
the lands selected by or for them, subject to such restrictions respect¬
ing leases and alienation as the President or Congress of the United
States may impose; and the lands so patented shall not be liable to
levy, sale, execution, or forfeiture: Provided , That the legislature of
a State within which the ceded country may be hereafter embraced
may, with the assent of Congress, remove these restrictions. When
selections are so made, or attempted to be made, as to produce injury
to, or controversies between, individuals, which cannot be settled by
the parties, the matters of difficulty shall be investigated and decided
on equitable terms, by the chiefs of the tribe, subject to appeal to the
agent, whose decision shall be final.

Article 3. In consideration of the cession hereinbefore made, the cJ^fent for said
United States agree to pay to the Miami tribe of Indians the sum of cessl011,
two hundred thousand dollars, in manner as follows, viz: Twenty^
annual instalments of seven thousand five hundred dollars each, the
first payable on the first day of October, one thousand eight hundred
and sixty, and the remainder to be paid respectively on the first day
of October of each succeeding year, until the whole shall have been
paid; and the remaining fifty thousand dollars shall be invested by
the President in safe and profitable stocks, the interest thereon to be
applied, under his direction, for educational purposes, or such objects
of a beneficial character, for the good of the tribe, as may be consid¬
ered necessary and expedient; and hereafter, whenever the President
shall think proper, the sum thus provided to be invested, may be con¬
verted into money, and the same paid to the tribe in such manner as

480

TREATY WITH THE MIAMI, 1854.

Mode of payments
of the remaining in-
stallments under
treaty of Nov. 28, 1840.

Blacksmith and
miller.

Ante, p. 199.

Release of claims
under other treaties.

Ante, p. 199.

Payment for such
release.

Ante, p. 199.

he may judge to be best for their interests. No part of the moneys
in this or the preceding article mentioned shall ever be appropriated
or paid to the persons, families, or bands, who, by the fourteenth
article of the treaty of November sixth, one thousand eight hundred
and thirty-eight, by the fifth and seventh articles of the treaty of
November twenty -eight, one thousand eight hundred and forty, or by
virtue of two resolutions of Congress, approved March third, one
thousand eight hundred and forty-five, and May first, one thousand
eight hundred and fifty, or otherwise, are permitted to draw or have
drawn, in the State of Indiana, their proportion of the annuities of
the Miami tribe.

Article 4. It is agreed that the remaining instalments of the limited
annuity of twelve thousand five hundred dollars, stipulated to be paid
by the second article of the treaty of November twenty-eight, one
thousand eight hundred and forty, shall be divided and paid to the
said Indians hereafter as follows: to the Indiana Miamis, six thousand
eight hundred and sixty-three dollars and sixty-four cents, and to the
Western Miamis, five thousand six hundred and thirty-six dollars and
thirty -six cents, per annum; subject, however, to the deductions pro¬
vided for in the sixth article of this instrument; and that the perma¬
nent annuity stipulated in the fifth article of the treaty of October sixth,
one thousand eight hundred and eighteen, as modified by the fifth
article of the treaty of October twenty-third, one thousand eight hun¬
dred and thirty -four, for a blacksmith and miller, shall be continued
for the benefit of said Western Miamis; but the said Miami Indians
hereby relinquish and forever absolve the United States from the pay¬
ment of the permanent annuity of twenti^-five thousand dollars, stipu¬
lated in the fourth article of the treaty of October twenty-third, one
thousand eight hundred and twenty-six, of the permanent provisions
for money in lieu of laborers, for agricultural assistance, for tobacco,
iron, steel, and salt, and from the payment of any and all other annui¬
ties of every kind or description, if any there be, to which said Indians
may now be entitled by virtue of the stipulations of any former treaty
or treaties; and they also release and discharge the United States from
all claims or damages on account of the non-fulfilment of the stipula¬
tions of any former treaties, or of injuries to, or destruction or loss
of property by the wrongful acts of citizens or agents of the United
States or otherwise; and in consideration of the relinquishments and
releases aforesaid, the United States agree to pay to the said Miami
Indians, the sum of four hundred and twenty-one thousand four hun¬
dred and thirty -eight dollars and sixty-eight cents, in manner as follows,
viz: one hundred and ninety thousand four hundred and thirty -four
dollars and sixty-eight cents, to the Miami Indians residing on the
ceded land; and two hundred and thirty-one thousand and four dol¬
lars, to the Miami Indians in the State of Indiana; to be paid under
the direction of the President, and in such manner and for such objects
as he may prescribe, in six equal annual instalments, the first of which
shall be paid in the month of October, one thousand eight hundred
and fifty-four. And in full payment and satisfaction of a balance of
eight thousand dollars and sixty -eight cents, heretofore appropriated
by Congress to pay for the valuation of certain improvements, or to
make others in lieu of them, but which, not having been expended,
has gone to the surplus fund; and of the accumulation of the appro¬
priations for the support of the poor and infirm, and the education of
the youth of the tribe, as provided by the treaties of October twenty-
third, one thousand eight hundred and twenty-six, and November
sixth, one thousand eight hundred and thirty-eight, amounting to
fourteen thousand two hundred and twenty-three dollars and fifty
cents; and of the claims of the Miamis who live on the ceded land, for
damages and loss of stock and other property, caused by their removal

TREATY WITH THE MIAMI, 1854.

481

west, and their subsequent loss bj" removal from Sugar Creek — it is
agreed that the United States will pay to the Miami Indians residing
on said ceded lands, the sum of thirty thousand dollars, to be paid as
follows, viz: fourteen thousand two hundred and twenty-three dollars
and fifty cents, in three equal annual instalments, the first of which
shall be paid in the month of October, one thousand eight hundred
and fifty-four; and the sums of eight thousand dollars and sixty-eight
cents, in lieu of the improvement money referred to, and seven thou¬
sand seven hundred and seventy-five dollars and eighty-two cents,
being the residue of said amount of thirty thousand dollars, shall be
paid immediately after the requisite appropriation shall have been
made: Provided , That the said sum of eight thousand dollars and
sixty-eight cents, shall be paid to the persons who are entitled to the
same, as far as that may be practicable; and the seven thousand seven
hundred and seventy-five dollars and eighty-two cents shall be paid to
such of the Miamis west as have lost stock or other property by wrong¬
ful acts of citizens of the United States, while in the Indian country,
and to those who were injured by the loss of improvements in their
removal from Sugar Creek to their present home. The claimants, in claims,
all cases, to file their demands with the chiefs within six months after
the ratification of this instrument; and if the aggregate sum of the
lawful claims exceeds the amount of the fund, the claims shall be
reduced by a uniform rule, so that each claimant shall receive his pro
rata; but if it fall within the amount of said fund, the excess shall be
paid to the tribe as annuities are paid. Any person aggrieved by the
decision of the chiefs may appeal to the agent.

The sum of two hundred and thirty-one thousand and four dollars
hereby stipulated to be paid to Miami Indians of Indiana shall beheld
by the United States for said last-named Indians, and by the Govern¬
ment invested, as the President may direct, at an interest of five per
cent, per annum, and which interest shall be paid annually, for the
period of twenty -five years, to the said Miami Indians of Indiana, and
at the expiration of that time, or sooner if required by them and
approved by the President, the principal sum to be paid in full, the
United States being directly responsible therefor; said investment to
be made and the interest thereon to commence accruing the first day
of July, eighteen hundred and fifty-five, and thence to continue:

Provided , That no persons other than those embraced in the corrected
list agreed upon by the Miamis of Indiana, in the presence of the
Commissioner of Indian Affairs, in June, eighteen hundred and fifty-
four, comprising three hundred and two names as Miami Indians of
Indiana, and the increase of the families of the persons embraced in
said corrected list, shall be recipients of the payments, annuities, com¬
mutation moneys and interest hereby stipulated to be paid to the
Miami Indians of Indiana, unless other persons shall be added to said
list by the consent of the said Miami Indians of Indiana, obtained in
council, according to the custom of Miami tribe of Indians: Provided , Mode of payment.
That the sum of nine thousand seven hundred and forty-six dollars
and fourteen cents shall immediately be paid out of said sum of two
hundred and thirty-one thousand and four dollars (and deducted from
the same) to the following persons, who are a portion of the Miami
tribe of Indians residing in Indiana, and in the following manner;
seven thousand six hundred and eighty-nine dollars and twenty-two
cents to the familv of Jane T. Griggs, consisting of herself and six
children, to wit, Warren A—, Charles F— , Anthony W— , Ann
Eliza—, Martha Jane, and Maria Elizabeth Griggs, which sum may
be paid to the said Jane T. Griggs, and her husband John H. Griggs,
the father of said children, or to either of them; and the sum of two
thousand and fifty-six dollars and ninety-two cents to Sash-o- quash
and his wife, E-len-e-pish-o-quash, which may be paid to the said

S. Doc. 452 - 31

482

TREATY WITH THE MIAMI, 1854.

The annuity of
#25,000 to be paid for
1854 and 1855, and no
longer.

Division of the
money.

Repayment to the
United States of
amount advanced un¬
deract of 1852, ch. 103.

Sash-o-quash, it being understood that the said Griggs family have
drawn but one annuity for the last eight years, the others having been
paid to the balance of the tribe; which sum of nine thousand seven
hundred and forty-six dollars and fourteen cents is to be in full pay¬
ment and satisfaction of all sums of money that may be due, owing
or coming to said two families, by virtue of this and all former trea¬
ties on account of their being of the Miami tribe of Indians or other-
wise.

The Miami Indians of Indiana, being now represented in Washington
by a fully authorized deputation, and having requested the foregoing
amendments, the same are binding on them; but these amendments
are in no way to affect or impair the stipulations in said treaty con¬
tained as to the Miamis west of the Mississippi, the said amendments
being final, and not required to be submitted to the Miamis for their
consent:

And the sum of two thousand two hundred dollars is hereby directed
to be paid to the said Indians residing in the State of Indiana, for time
employed and money expended in assisting to make this treaty, which
may be paid to James T. Miller, their interpreter, and Tyn-yi-oh-te-
mah, or to either of them, to be divided among said Indians according
to justice and equity.

Article 5. It is hereby understood and agreed, respecting the per¬
manent annuity of twenty-five thousand dollars, that the said Indians
shall receive the same for the years eighteen hundred and fifty-four
and eighteen hundred and fifty -five, but no longer. It is also under¬
stood and agreed (the Miamis west consenting) that as the Miamis of
Indiana have had no share of the iron, steel, salt, tobacco, and so forth,
given under treaty stipulations, and that as there is now in the Treasury
under those heads of appropriation an unexpended balance of four thou¬
sand and fifty-nine dollars and eight cents, they shall have and receive
said amount— and that the said annuity of twenty -five thousand dollars
for said two years shall be divided between the Miamis of Indiana and
those west of Missouri, in the same proportion as the annuity of twelve
thousand five hundred dollars is divided in the preceding article.

Article 6. The United States having advanced, in pursuance of a
provision of the act of Congress approved August thirtieth, one thou¬
sand eight hundred and fifty-two, entitled tkAnact making appropria¬
tions for the current and contingent expenses of the Indian Depart¬
ment,” &c., the sum of twelve thousand four hundred and thirty-seven
dollars and six cents to the Miami Indians, for the payment of an
amount due to the Eel River band that had been erroneously paid to
the “ Miami Nation;” and the sum of one thousand five hundred and
fifty-four dollars and sixty-three cents only, having, since said advance,
been withheld b}Ahe United States, as a re-imbursement in part there¬
for, and there being still due. to the United States, on account thereof,
the sum of ten thousand eight hundred and eighty-two dollars and
forty-three cents, it is hereby agreed that said balance shall be re¬
imbursed fully to the United States out of the limited annuity of twelve
thousand five hundred dollars, before mentioned in this instrument, in
the manner and proportions following; that is to say, out of said annuity
for the year one thousand eight hundred and fifty-four, and each of the
five consecutive years, there shall be retained from the portion to be
paid in those year& to the Miamis of Indiana, the sum of eight hundred
and fifty-three dollars and sixty-three cents, and from the portion to
be paid to the Miamis west, the sum of seven hundred dollars and
ninety-nine cents, and in the year one thousand eight hundred and
sixty, from the portion due the Miamis of Indiana, the sum of eight
hundred and fifty-three dollars and sixty -eight cents, and from the
portion due those west, the sum of seven hundred and one dollars and
three cents.

TREATY WITH THE MIAMI, 1854.

483

Article 7. Citizens of the United States or other persons not mem- of the

bers of said fribe, shall not be permitted to make locations or settle¬
ments in the ceded country, until after the selections hereinbefore pro¬
vided for have been made; and the provisions of the act of Congress
approved March third, one thousand eight hundred and seven, in rela¬
tion to lands ceded to the United States, shall, so far as the same are
applicable, be extended to the lands herein ceded.

Article 8. The debts of Indians contracted in their private deal- Private debts not a
ings as individuals, whether to traders or otherwise, shall not be paid fundgeont egenera
out of the general fund. And should anv of said Indians become Provisions respect-
intemperate or abandoned, and waste their property, the President &perat^e and in'
may withhold any moneys due or payable to such, and cause them to
be paid, expended or applied, so as to ensure the benefit thereof to their
families.

Article 9. The said Indians promise to renew their efforts to pre- conduct of the in¬
vent the introduction and use of ardent spirits in their country, to dlans'
encourage industry, thrift, and morality, and by every possible means
to promote their advancement in civilization. They desire to be at
peace with all men, and they bind themselves not to commit depreda¬
tions or wrong upon either Indians or citizens; and should difficulties
at any time arise, they will abide by the laws of the United States in
such cases made and provided, as they expect to be protected, and
to have their rights vindicated by those laws.

Article 10. It is agreed that all roads and highways, laid out by construction of
authority of law, shall have right of way through the lands herein road8‘
reserved, on the same terms as are provided by law when roads and
highways are made through lands of citizens of the United States;
and railroad companies, when the lines of their roads necessarily pass
through the lands of the said Indians, shall have right of way on the
payment of a just compensation therefor in money.

Article 11. The object of this instrument being to advance the Future arrange-
interests of said Indians, it is agreed, if it prove insufficient, from th^^bjects^of^'this
causes which cannot now be foreseen, to effect these ends, that the treaty.

President may, by and with the advice and consent of the Senate,
adopt such policy in the management of their affairs, as, in his judg¬
ment, may be most beneficial to them; or Congress may, hereafter,
make such provision by law, as experience shall prove to be necessary.

Article 12. It is agreed that the first instalment of the fourteen Application of the
thousand two hundred and twenty-three dollars and fifty cents, men- ofSt^|tad“ove°f ane
tioned in the fourth article, being the accumulation of the poor, infirm, ments. a °ve pay’
and education fund, shall be applied, under the direction of the Presi¬
dent, to purposes of education; and that a sufficient sum shall annually
be set apart out of the payments to the Miamis west of Missouri, so ,
long as any of the annuities herein provided for shall continue, to be
expended "under the direction of the chiefs, for the support of the
poor and infirm, and for defraying any expenses of the tribe of a civil
nature.

Article 13. It is hereby agreed that the sum of six thousand five ofA^eiCannuaif Part
hundred dollars may be set apart from each of the first four annual ments to the Miamis
payments to be made to the Miamis west, and applied as far as it may west-
be necessary, to the settlement of their affairs. It is also agreed that Mm and scbooi-
so much as may be necessary for the repair of their mill and school- hoU8e-
house, shall be set apart from any fund now on hand belonging to said
Indians, or be taken from any of the first instalments in this instru¬
ment provided for.

Article 14. This instrument shall be obligatory on the contracting
parties whenever the same shall be ratified by the President and the j
Senate of the United States.

484

TREATY WITH THE CHIPPEWA, 1854.

TREATY WITH THE CREEKS, 1854.

June 13, 1854.

11 Stats., 599.
Ratified July 21,
1854.

Supplementary article to the treaty with the Creek tribe of Indians
made and concluded at Fort Gibson on the twenty-third day of
November , in the year eighteen hundred and thirty-eight.

Whereas the third article of said treaty provided for the investment
by the United States of the sum of three hundred and fifty thousand
dollars for the benefit of certain individuals of the Creek nation, but
which sum remains uninvested; and the fourth article of the same
treaty further provides that at the expiration of twenty-five years
from the date thereof, the said sum of three hundred and fifty thousand
dollars shall be appropriated for the common benefit of the Creek
nation; which provision has caused great dissatisfaction, the individ¬
uals to whom the fund rightfully belongs never having authorized or
assented to such a future disposition thereof; and whereas the chiefs
and people of the Creek nation recognize and consider the said fund
as the exclusive property of said individuals, and are opposed to their
hereafter being deprived thereof; and whereas the annual interest
thereon is of no advantage to the great body of the persons to whom
it is payable, and the distribution of the principal of the fund would
be far more beneficial for them and prevent probable contest and diffi¬
culty hereafter; and such distribution has been requested by the chiefs
representing both the nation and the individual claimants of said fund,
the following supplementary article to the aforesaid treaty of 1888,
has this day been agreed to and entered into, by and between William
H. Garrett, United States agent for the Creeks and Tuckabatche
Micco, Hopoithle Yoholo, Benjamin Marshall, and George W. Stid¬
ham, chiefs and delegates of the Creek nation duly empowered to
represent and act for the same and the individuals thereof to wit:
articles o^treat^’of Article. It is hereby agreed and stipulated by and between the
Novi 23, 1838, Annulled aforementioned parties, that the third and fourth articles of the treaty
vfdeL111*1 to be dl with the Creek nation of November 23, 1838, shall be and the same
are hereby annulled; and the fund of three hundred and fifty thousand
dollars therein mentioned and referred to shall be divided and paid
out to the individuals of said nation for whose benefit the same was
originally set apart, according to their respective and proportionate
interests therein, as exemplified and shown by the schedule mentioned
in the second article of said treaty; the said division and payment to
be made by the United States so soon as the necessary appropriation
for that purpose can be obtained from Congress.

TREATY WITH THE CHIPPEWA, 1854.

sept. 30, 1854. Articles of a treaty made and concluded at La Pointe , in the State of
10 stats., iio9. Wisconsin, between Henry C. Gilbert and David B. llerrriman, com-

855roclaimed Jan‘ 29' missioners on the part of the United States, and the Chippewa

Ratified Jan. 10, 1855. Indians of Lake Superior and the Mississippi , by their chiefs and
head-men.

stetesSibntth?chiiteed Article 1. The Chippewas of Lake Superior hereby cede to the
wa of Lake superior? United States all the lands heretofore owned by them in. common with
the Chippewas of the Mississippi, lying east of the following boundary¬
line, to wit: Beginning at a point, where the east branch of Snake
River crosses the southern boundary-line of the Chippewa country,
running thence up the said branch to its source, thence nearly north,
in a straight line, to the mouth of East Savannah River, thence up the
St. Louis River to the mouth of East Swan River, thence up the East

TREATY WITH THE CHIPPEWA, 1854.

485

:>wan River to its source, thence in a straight line to the most westerly
bend of Vermillion River, and thence down the Vermillion River to
its mouth.

The Chippewas of the Mississippi hereby assent and agree to the Relinquishment to
foregoing cession, and consent that the whole amount of the consider- sipj pi^by Chippewa of
ation money for the country ceded above, shall be paid to the Chippe- Laie superior,
was of Lake Superior, and in consideration thereof the Chippewas of
Lake Superior hereby relinquish to the Chippewas of the Mississippi,
all their interest in and claim to the lands heretofore owned by them
in common, lying west of the above boundary-line.

Article 2. The United States agree to set apart and withhold from Reservation for
sale, for the use of the Chippewas of Lake Superior, the following- superior.8, ° a e
described tracts of land, viz:

1st. For the L’Anse and Vieux De Sert bands, all the unsold lands
in the following townships in the State of Michigan: Township fifty-
one north range thirty-three west; township fifty-one north range
thirty-two west; the east half of township fifty north range thirty-
three west; the west half of township fifty north range thirty-two
west, and all of township fifty-one north range thirty-one west, lying
west of Huron Bay.

2d. For the La Pointe band, and such other Indians as may see fit
to settle with them, a tract of land bounded as follows: Beginning on
the south shore of Lake Superior, a few miles west of Montreal River,
at the mouth of a creek called by the Indians Ke-che-se-be-we-she,
running thence south to a line drawn east and west through the centre
of township forty -seven north, thence west to the west line of said
township, thence south to the southeast corner of township forty-six
north, range thirty -two west, thence west the width of two townships,
thence north the width of two townships, thence west one mile, thence
north to the lake shore, and thence along the lake shore, crossing
Shag-waw-me-quon Point, to the place of beginning. Also two hun¬
dred acres on the northern extremity of Madeline Island, for a fishing
ground.

3d. For the other Wisconsin bands, a tract of land lying about Lac
De Flambeau, and another tract on Lac Court Orielles, each equal in
extent to three townships, the boundaries of which shall be hereafter
agreed upon or fixed under the direction of the President.

4th. For the Fond Du Lac bands, a tract of land bounded as follows:

Beginning at an island in the St. Louis River, above Knife Portage,
called by the Indians Paw-paw-sco-me-me-tig, running thence west
to the boundary-line heretofore described, thence north along said
boundary -line to the mouth of Savannah River, thence down the St.

Louis River to the place of beginning. And if said tract shall contain
less than one hundred thousand acres, a strip of land shall be added on
the south side thereof, large enough to equal such deficiency.

5th. For the Grand Portage band, a tract of land bounded as fol¬
lows: Beginning at a rock a little east of the eastern extremity of
Grand Portage Bay, running thence along the lake shore to the mouth
of a small stream called by the Indians Maw-ske-gwaw-caw-maw-se-be,
or Cranberry Marsh River, thence up said stream, across the point to
Pigeon River, thence down Pigeon River to a point opposite the start¬
ing-point, and thence across to the place of beginning.

6th. The Ontonagon band and that subdivision of the La Pointe
band of which Buffalo is chief, may each select, on or near the lake
shore, four sections of land, under the direction of the President, the
boundaries of which shall be defined hereafter. And being desirous
to provide for some of his connections who have rendered his people
important services, it is agreed that the chief Buffalo may select one
section of land, at such place in the ceded territory as he may see fit,
which shall be reserved for that purpose, and conveyed by the United
States to such person or persons as he may direct.

486

TREATY WITH THE CHIPPEWA, 1854.

Survey and patents
of reservation.

Payments for said
cession.

Blacksmiths and as¬
sistants.

Annuities not to be
withheld for debt, but
may be for depreda¬
tions.

Spirituous liquors.

7th. Each head of a family, or single person over twenty -one years
of age at the present time of the mixed bloods, belonging to theChip-
pewas of Lake Superior, shall be entitled to eighty acres of land, to be
selected by them under the direction of the President, and which shall
be secured to them by patent in the usual form.

Article 3. The United States will define the boundaries of the
reserved tracts, whenever it may be necessary, by actual survey, and
the President may, from time to time, at his discretion, cause the
whole to be surveyed, and may assign to each head of a family or sin¬
gle person over twenty-one years of age, eighty" acres of land for his or
their separate use; and he may, at his discretion, as fast as the occu¬
pants become capable of transacting their own affairs, issue patents
therefor to such occupants, with such restrictions of the power of
alienation as he may see fit to impose. And he may also, at his dis¬
cretion, make rules and regulations, respecting the disposition of the
lands in case of the death of the head of a family, or single person occu¬
pying the same, or in case of its abandonment by them. And he may
also assign other lands in exchange for mineral lands, if any such are
found in the tracts herein set apart. And he may also make such
changes in the boundaries of such reserved tracts or otherwise, as shall
be necessary to prevent interference with any vested rights. All nec¬
essary roads, highways, and railroads, the lines of which may run
through any of the reserved tracts, shall have the right of way through
the same, compensation being made therefor as in other cases.

Article 4. In consideration of and payment for the country hereby
ceded, the United States agree to pay to the Chippewas of Lake
Superior, annually, for the term of twenty years, the following sums,
to wit: five thousand dollars in coin; eight thousand dollars in goods,
household furniture and cooking utensils; three thousand dollars in
agricultural implements and cattle, carpenter’s and other tools and
building materials, and three thousand dollars for moral and educa¬
tional purposes, of which last sum, three hundred dollars per annum
shall be paid to the Grand Portage band, to enable them to maintain a
school at their village. The United States will also pay the further
sum of ninety thousand dollars, as the chiefs in open council may
direct, to enable them to meet their present just engagements. Also
the further sum of six thousand dollars, in agricultural implements,
household furniture, and cooking utensils, to be distributed at the
next annuity payment, among the mixed bloods of said nation. The
United States will also furnish two hundred guns, one hundred rifles,
five hundred beaver- traps, three hundred dollars’ worth of ammuni¬
tion, and one thousand dollars’ worth of ready-made clothing, to be
distributed among the young men of the nation, at the next annuity
payment.

Article 5. The United States will also furnish a blacksmith and
assistant, with the usual amount of stock, during the continuance of
the annuity payments, and as much longer as the President may think
proper, at each of the points herein set apart for the residence of the
Indians, the same to be in lieu of all the employees to which the
Chippewas of Lake Superior may be entitled under previous existing
treaties.

Article 6. The annuities of the Indians shall not be taken to pay
the debts of individuals, but satisfaction for depredations committed
by them shall be made by them in such manner as the President may
direct.

Article 7. No spirituous liquors shall be made, sold, or used on
any of the lands herein set apart for the residence of the Indians, and
the sale of the same shall be prohibited in the Territory hereby ceded,
until otherwise ordered by the President.

TREATY WITH CHOCTAW AND CHICKASAW, 1854.

487

Article 8. It is agreed, between the Chippewas of Lake Superior
and the Chippewas of the Mississippi, that the former shall be entitled
to two-thirds, and the latter to one-third, of all benefits to be derived
from former treaties existing prior to the year 1847.

Article 9. The United States agree that an examination shall be
made, and all sums that may be found equitably due to the Indians,
for arrearages of annuity or other thing, under "the provisions of for¬
mer treaties, shall be paid as the chiefs may direct.

Article 10. All missionaries, and teachers, and other persons of
full age, residing in the territory hereby ceded, or upon any of the
reservations hereby made by authority of law, shall be allowed to
enter the land occupied by them at the minimum price whenever the
surveys shall be completed to the amount of one quarter-section each.

Article LI. All annuity payments to the Chippewas of Lake Supe¬
rior, shall hereafter be made at L’Anse, La Pointe, Grand Portage,
and on the St. Louis River; and the Indians shall not be required to
remove from the homes hereby set apart for them. And such of them
as reside in the territory hereby ceded, shall have the right to hunt and
fish therein, until otherwise ordered by the President.

Article 12. In consideration of the poverty of the Bois Forte Indi¬
ans who are parties to this treaty, they having never received any
annuity payments, and of the great extent of that part of the ceded
country owned exclusively by them, the following additional stipula¬
tions are made for their benefit. The United States will pay the sum
of ten thousand dollars, as their chiefs in open council may direct, to
enable them to meet their present just engagements. Also the further
sum of ten thousand dollars, in five equal annual payments, in blan¬
kets, cloth, nets, guns, ammunition, and such other articles of neces¬
sity as they may require.

They shall have the right to select their reservation at any time
hereafter, under the direction of the President; and the same may be
equal in extent, in proportion to their numbers, to those allowed the
other bands, and be subject to the same provisions.

They shall be allowed a blacksmith, and the usual smithshop sup¬
plies, and also two persons to instruct them in farming, whenever in
the opinion of the President it shall be proper, and for such length of
time as he shall direct.

It is understood that all Indians who are parties to this treaty, except
the Chippewas of the Mississippi, shall hereafter be known as the
Chippewas of Lake Superior. Provided , That the stipulation by which
the Chippewas of Lake Superior relinquishing their right to land west
of the boundary-line shall not apply to the Bois Forte band who are
parties to this treaty.

Article 13. This treaty shall be obligatory on the. contracting par¬
ties, as soon as the same shall be ratified by the President and Senate
of the United States.

TREATY WITH CHOCTAW AND CHICKASAW, 1854.

Whereas a convention and agreement was made and entered into by
the Choctaw and Chickasaw Indians, at Doaksville, near Fort Towson,
in the Choctaw country, on the seventeenth day of January A. D. one
thousand eight hundred and thirty -seven; and, whereas, difficulties
have arisen between said tribes in regard to the line of boundary,
between the Chickasaw district and other districts of the Choctaw
nation, described in article second of said convention and agreement;
and, whereas, it is the desire of the said tribes, that there shall no longer
exist any dispute in regard to the boundary of the Chickasaw district,

Division between
Chippewa of Missis¬
sippi and of Lake Su¬
perior of benefits of
former treaties.

Arrearages.

Preemption.

Annuities, bow
paid.

Stipulations for Bois
Porte Indians.

Nov. 4, 1854.

10 Stat. L., 1116.
Proclaimed Apr. 10,
1855.

Ratified, Feb. 28,
1855.

Preamble

488

TREATY WITH ROGUE RIVERS, 1854.

the undersigned, Thomas J. Pitchlynn, Edmund McKenny, R. M.
Jones, Daniel Folsom, and Samuel "Garland, commissioners duly ap¬
pointed and empowered by the Choctaw tribe of red people; and
Edmund Pickens, Benjamin S. Love, James T. Gaines, Sampson Fol¬
som, and Edmund Perry, commissioners duly appointed and empowered
by the Chickasaw tribe of Indians, to settle all matters in dispute
between their respective tribes, which require new articles of agree¬
ment between them, have solemnly made the following articles of con¬
vention and agreement, on the fourth day of November, A. D. one
thousand eight hundred and fifty-four, at Doaksville, near Fort Tow-
son, in the Choctaw country, subject to the approval of the President
and the Senate of the United States.

eMckasaw^istrie^of Article 1. It is agreed by the Choctaw and Chickasaw tribes of

the choctaws. Indians, in lieu of the boundaries established under article second of
the convention and agreement entered into between said tribes, Janu¬
ary 17th, A. D. 1837, the Chickasaw district of the Choctaw nation
shall be bounded as follows, viz: Beginning on the north bank of the
Red River, at the mouth of Island Bayou, where it empties into the
Red River, about twenty-six miles on a straight line, below the mouth
of False Wachitta, thence running a northwesterly course, along the
main channel of said bayou to the junction of three prongs of said
bayou nearest the dividing ridge between Wachitta and Low Blue
rivers, as laid down upon Capt. R. L. Hunter’s map; thence, northerly
along the eastern prong of Island Bayou to its source; thence, due
north to the Canadian River, thence west, along the main Canadian, to
one hundred degrees of west longitude; thence south to Red River,
and down Red River to the beginning: Provided , however , if the line
running due north from the eastern source of Island Bayou to the main
Canadian shall not include Allen’s or Wa-pa-nacka academy within the
Chickasaw district, then an offset shall be made from said line so as to
leave said academy two miles within the Chickasaw district, north,
west, and south from the lines of boundary.

Line, how to be run Article 2. It is agreed by the Choctaws, that the Chiekasaws
employ a surveyor or engineer to run out and mark the eastern line of
the Chickasaw district, and by the Chiekasaws that they will pay all
expenses incurred in running out and marking said line; and it is
mutually agreed that the chiefs of each district of the Choctaw nation
shall appoint one commissioner to attend and supervise the running
and marking of said line; the chief of the Chickasaw district giving
them at least thirty days’ notice of the time when the surveyor or
engineer will proceed to run out and mark the line agreed upon; which
shall be plainly marked upon trees, where there is timber, and by
permanent monuments of stone, at every mile, where there is not suffi¬
cient timber upon which the line can be marked in a permanent manner,
before the first day of August, A. D. one thousand eight hundred and
fifty-five.

TREATY WITH THE ROGUE RIVERS, 1854.

Nov. 15, 1854. Articles of an agreement entered into and concluded this fifteenth day
10 stats., p. im of November , one thousand eight hundred and fifty -four, between

i855roclaime<^ Apr" Jod Palmer, superintendent of Indian affairs , on the part of the

Ratified Mar. 3, 1855. United States , and the chiefs and headmen of the Rogue River tribe

of Indians, on the part of said tribe.

other Indians may Article 1. It is agreed on the part of said tribe, that the Table
RocktReeserveheTable Rock reserve, described in the treaty of the 10th September, 1853,
between the United States and the Rogue River tribe, shall be pos-
Ante, p. 447. sessed and occupied jointly by said tribe and such other tribes and
bands of Indians as the United States shall agree with by treaty stipu¬
lations, or the President of the United States shall direct, to reside

TREATY WITH THE CHASTAS, ETC., 1854.

489

thereupon, the place of residence of each tribe, part of tribe, or band
on said reserve, to be designated by the superintendent of Indian
affairs or Indian agent; that the tribes and bands hereafter to be
settled on said reserve shall enjoy equal rights and privileges with
the Rogue River tribe; and that the annuities paid to the Indians
now residing, or hereafter to reside on said reserve, shall be shared by
all alike, from and after said residence thereon: Provided , That the
annuity of the Rogue River tribe, as agreed on in the treaty of the
10th September, 1853, shall not be diminished or in any waj^ impaired
thereby. It is also agreed, that the United States shall have the right
to make such roads, highways, and railroads through said reserve as
the public good may from time to time require, a just compensation
being made therefor.

Article 2. In consideration of the foregoing stipulations, it is
agreed on the part of the United States to pay to the Rogue River
tribe, as soon as practicable after the signing of this agreement, two
thousand one hundred and fifty dollars, in the following articles: twelve
horses, one beef, two yokes of oxen, with yokes and chains, one wagon,
one hundred men’s coats, fifty pairs of pantaloons, and fifty hickory
shirts; also, that in the treaties to be made with other tribes and bands,
hereafter to be located on said reserve, that provision shall be made for
the erection of two smith-shops; for tools, iron, and blacksmiths for
the same; for opening farms and employing farmers; for a hospital,
medicines, and a physician; and for one or more schools; the uses and
benefits of all which shall be secured to said Rogue River tribe, equally
with the tribes and bands treated with; all the improvements made,
and schools, hospital, and shops erected, to be conducted in accordance
with such laws, rules, and regulations as the Congress or the President
of the United States may prescribe.

Article 3. It is further agreed, that when at any time hereafter the
Indians residing on this reserve shall be removed to another reserve,
or shall be elsewhere provided for, that the fifteen thousand dollars
thereafter to be paid to said Rogue River tribe, as specified in the
treaty of the 10th September, 1853, shall be shared alike by the mem¬
bers of all the tribes and bands that are, or hereafter shall be located
on the said Table Rock reserve.

Article 4. It is also further provided that in the event that this
agreement shall not be ratified by the President and Senate of the
United States, or that no other tribe or band shall be located on said
reserve, the two thousand one hundred and fifty dollars stipulated in
article second of this agreement to be paid said Rogue River tribe,
shall be deducted from their annuities hereafter to be paid said Indians.

Annuities.

Roads maybe made.

Payment and stipu¬
lations in considera¬
tion of the foregoing
article.

Provision in case of
removal from said
reservation.

Provision in case
treaty is not ratified
or no Indians are re¬
moved to said reserve.

TREATY WITH THE CHASTAS, ETC., 1854.

Articles of a convention a/nd agreement made and concluded at the
cov/ncil- ground , opposite the mouth of Applegate Creek ', on Rogue
River , ih the Territory of Oregon , on the eighteenth day of November,
one thousand eight hundred and fifty -four, by Joel Palmer , superin¬
tendent of Indian affairs , on the part of the TJnited states, and the
chiefs and head-men of the Quil-si-eton and Na-hel-ta bands, of the
Chasta tribe of Indians, the Cow-nan-ti-co , Sa-cher-i-ton , and
Na-al-ye bands of Scotons, and the Grave Creek band ofUmpquas ;,
to wit , Jes-tul-tut , or Little Chief Ko-ne-che-guot, or Bill, he-sel-
che-tel , or Salmon Usher, Kul-ki-am-i-na. , or Bush-head, de-po-
kon-ta , or Sam, and Jo, they being duly authorized thereto by said
united bands.

Nov. 18, 1854.

10 Stats., p. 1122.
Proclaimed Apr. 10,
1855.

Ratified Mar. 3, 1855.
Preamble.

Article 1. The aforesaid united bands cede to the United States all United States,
their country, bounded as follows: .. , .

Commencing at a point in the middle of Rogue River, one mile below
the mouth of Applegate Creek; thence northerly, on the western bound-

490

Removal tc
Rock reserve.

Payment

cession.

Provision in
removal from
serve.

Stipulations
Indians on
serve.

TREATY WITH THE CHASTAS, ETC. , 1854.

ary of the country heretofore purchased of the Rogue River tribe by
the United States, to the head- waters of Jump-Off- Jo Creek; thence
westerly to the extreme northeastern limit of the country purchased
of the Cow Creek band of Umpquas; thence along that boundary to its
extreme southwestern limit; thence due west to a point from which a
line running due south would cross Rogue River, midway between the
mouth of Grave Creek and the great bend of Rogue River; thence
south to the southern boundary of Oregon; thence east along said
boundary to the summit of the main ridge of the Siskiou Mountains,
or until this line reaches the boundary of the country purchased of the
Rogue River tribe; thence northerly along the western boundary of said
purchase to the place of beginning.

’ Table Article 2. The said united bands agree that as soon after the rati¬
fication of this convention as practicable, they will remove to such
portion of the Table Rock reserve as may be assigned them by the
superintendent of Indian affairs or agent, or to whatsoever other
reserve the President of the United States may at any time hereafter
direct.

>r said Article 3. In consideration of and payment for the country herein
ceded, the United States agree to pay to the said united bands the sum
of two thousand dollars annually for fifteen years, from and after the
first day of September, one thousand eight hundred and fifty-five,
which annuities shall be added to those secured to the Rogue River
tribe by the treaty of the 10th September, 1853, and the amount shared
by the members of tba united bands and of the Rogue River tribe,
jointly and alike; said annuities to be expended for the use and benefit
of said bands and tribe in such manner as the President may from time
to time prescribe; for provisions, clothing, and merchandise; for build¬
ings, opening and fencing farms, breaking land, providing stock, agri¬
cultural implements, tools, seeds, and such other objects as will in his
judgment promote the comfort and advance the prosperity and civili¬
zation of said Indians. The United States also agree to appropriate
the additional sum of five thousand dollars, for the payment of the
claims of persons whose property has been stolen or destroyed by any
of the said united bands of Indians since the first day of January, 1849;
such claims to be audited and adjusted in such manner as the President
may prescribe.

l case of Article 4. When said united bands shall be required to remove to

said re- Table Rock reserve or elsewhere, as the President may direct, the
further sum of six thousand five hundred dollars shall be expended by
the United States for provisions to aid in their subsistence during the
first year they shall reside thereon; for the erecting of necessary build¬
ings, and the breaking and fencing of fifty acres of land, and provid¬
ing seed to plant the same, for their use and benefit, in common with
the other Indians on the reserve.

aid1 re- Article 5. The United States engage that the following provisions,
for the use and benefit of all Indians residing on the reserve, shall be
made:

An experienced farmer shall be employed to aid and instruct the
Indians in agriculture for the term of fifteen years.

Two blacksmith-shops shall be erected at convenient points on the
reserve, and furnished with tools and the necessary stock, and skilful
smiths employed for the same for five years.

A hospital shall be erected, and proper provision made for medical
purposes, and the care of the sick for ten years.

School-houses shall be erected, and qualified teachers employed to
instruct children on the reserve, and books and stationery furnished
for fifteen years.

TREATY WITH THE UMPQUA AH I) CALAPOOIAS, 1854.

491

All of which provisions shall be controlled by such laws, rules, or
regulations as Congress may enact or the President prescribe.

Articue 6. The President may, from time to time, at his discre-
tion, direct the surveying of a part or all of the agricultural lands on
said reserve, divide the same into small farms of from twenty to eighty
acres, according to the number of persons in a family, and assign them
to such Indians as are willing to avail themselves of the privilege and
locate thereon as a permanent home, and to grant them a patent there¬
for under such laws and regulations as may hereafter be enacted or
prescribed.

Article 7. The annuities of the Indians shall not be taken to pav Annuities not to be
the debts of individuals. taken for debt.

Article 8. The said united bands acknowledge themselves subject conduct of said
to the Government of the United States, and engage to live in amity tnbes'
with the citizens thereof, and commit no depredations on the property
of said citizens; and should any Indian or Indians violate this pledge,
and the fact be satisfactorily proven, the property shall be returned,
or if not returned, or if injured or destroyed, compensation may be
made therefor out of their annuities. They also pledge themselves to
live peaceably with one another, and with other Indians, to abstain
from war and private acts of revenge, and to submit all matters of
difference between themselves and Indians of other tribes and bands
to the decision of the United States or the agent, and to abide thereby.

It is also agreed that if any individual shall be found guilty of bring¬
ing liquor into their country, or drinking the same, his or her annuity
may be withheld during the pleasure of the President.

Article 9. This convention shall be obligatory on the contracting
parties from and after its ratification by the President and Senate of
the United States.

TREATY WITH THE UMPQUA AND CALAPOOIAS, 1854.

Articles of agreement amd convention made and concluded at Calapooia Nov. 29,1854.
Creek , Douglas County , Oregon Territory , this twenty-ninth day of io stats., p. 1125.
November , one thousand eight hundred and fifty -four, by Joel Pabner , i855roclaimed Mar' 30,
superintendent of Indian affairs , on the part of the United States , Ratified Mar. 3,1855.
and the following -named chiefs and heads of the confederated bands
of the Umpqua tribe of Indians , and of the Calapooias residing in
tlmpqua Valley , to wit: Napesa , or Louis , head chief; Peter , or
Injice; Tas-yah, or Ge?ieral Jackson; Bogus; Nessick; Et-na-ma
or William , Cheen-len-ten or George , Nas-yah or John, Absaquil or
Chenook, Jo, and Tom, they being assembled in council with their
respective bands.

Article 1. The confederated bands of Umpqua and Calapooia stCessiontothe united
Indians cede to the United States all their country included within the a es'
following limits, to wit: Commencing at the northwest corner of the
country purchased of the Galeese Creek and Illinois River Indians
on the 18th day of November, 1854, and running thence east to the
boundary of the Cow Creek purchase, thence northerly along said
boundary to its northeastern extremity; thence east to the main ridge of
the Cascade Mountains; thence northerly to the main falls of the North
Umpqua River; thence to Scott’s Peak, bearing easterly from the
head- waters ’of Calapooia Creek; thence northerly to the connection
of the Calapooia Mountains with the Cascade range; thence westerly
along the summit of the Calapooia Mountains to a point whence a due
south line would cross Umpqua River at the head of tide-water; thence

492

Reservation for a
residence.

Removal from said
reserve if it should be¬
come expedient.

Removal from the
ceded lands.

Payment for said
cession.

TREATY WITH THE UMPQUA AND CALAPOOIAS, 1854.

on that line to the dividing ridge between the waters of Umpqua
and Goose Rivers; thence along that ridge, and the divide between
Ooquille and Umpqua Rivers, to the western boundary of the country
purchased of the Galeese Creek Indians, or of the Cow Creek Indians,
as the case may be, and thence to the place of beginning.

Provided, however, That so much of.the lands as are embraced within
the following limits, shall be held by said confederated bands, and such
other bands as may be designated to reside thereupon, as an Indian
reservation. To wit: Commencing at a point three miles due south of
the mouth of a small creek emptying into the Umpqua River, near the
western boundary of John Churchell’s land-claim, at the lower end of
Cole’s Valley; thence north to the middle of the channel of Umpqua
River; thence up said river to a point due south of the highest peak
of the ridge, immediately west of Allan Hubbard’s land-claim; thence
to said peak, thence along the summit of the ridge dividing the
waters, to its termination at or near the mouth of Little Canyon Creek;
thence, crossing the Umpqua River in a westerly direction to the
high-lands opposite the mouth of said creek; thence following the
divide until it reaches a point whence a line drawn to the place of
beginning will run three miles south of the extreme southern bend in
the Umpqua River between these two points; and thence to the place
of beginning. And should the President at any time believe it
demanded by the public good and promotive of the best interests of
said Indians to be located elsewhere, the said Indians agree peaceably,
and without additional expense to the Government of the United
States, to remove to such reserve as may be selected; provided that a
delegation of three or more of the principal men of said bands selected
by them, shall concur with the authorized agent or agents of the U nited
States in the selection of said new reserve. A nd when said removal shall
take place, the particular tracts then actually occupied by said Indians,
on the reserve herein described, according to the provisions of this
treaty, and those occupied by Indians of other bands that may be
located thereon, shall be sold by order of the President of the United
States, and the proceeds of such sales expended in permanent improve¬
ments on the new reserve, for the use and benefit of the holders of
said tracts respectively.

Article 2. The confederated bands agree that as soon after the
United States shall make the necessary provision for fulfilling the
stipulations of this treaty as they conveniently can, and not to exceed
one year after such provision is made, they will vacate the ceded ter¬
ritory and remove to the lands herein reserved for them.

Article 3. In consideration of and payment for the country herein
ceded, the United States agree to pay the said confederated bands the
several sums of money following, to wit: First, three thousand dollars
per annum for the term of five years, commencing on the first day of
September, 1855. Second, two thousand three hundred dollars per
annum for the term of five jrnars next succeeding the first five. Third,
one thousand seven hundred dollars per annum for the term of five
years next succeeding the second five years. Fourth, one thousand
dollars per annum for the term of five years next succeeding the third
five years.

All of which several sums of money shall be expended for the use
and benefit of the confederated bands, under the direction of the
President of the United States, who may from time to time, at his
discretion, determine, what proportion shall be expended for such
beneficial objects as in his judgment will be calculated to advance
them in civilization; for their moral improvement and education; for
buildings, opening farms, fencing, breaking land, providing stock,
agricultural implements, seeds, &c. ; for clothing, provisions, and

493

TREATY WITH THE UMPQUA AND CALAPOOIAS, 1854.

merchandise; for iron, steel, arms, and ammunition; for mechanics
and tools, and for medical purposes.

Article 4. In order to enable the said Indians to remove to their
new home, and subsist themselves for one year thereafter, (and which
they agree to do without further expense to the United States,) and to
provide for the breaking up and fencing of fifty acres of land, and the
erection of buildings on the reserve, the purchase of teams, farming-
utensils, tools, &c. , and for other purposes necessary to their comfort
and subsistence, they shall receive from the United "States the further
sum of ten thousand dollars, to be paid out and expended under the
direction of the President, and in such manner as he shall approve.

Article 5. The President may from time to time, at his discretion,
cause the whole or such portion of the land hereby reserved as he ma}r
think proper, or of such other land as may be selected in lieu thereof,
as provided for in the first article, to be survej^ed into lots, and
assigned to such Indian or Indians of said confederated bands as are
willing to avail themselves of the privilege, and who will locate
thereon as a permanent home, if a single person over twentv-one years
of age, twenty acres; to each family of two persons, forty acres; to
each family of three and not exceeding five persons, sixty acres; to
each family of six and not exceeding ten persons, eighty acres; and to
each family over ten in number, forty acres for each additional five
members. And the President may provide such rules and regulations
as will secure to the family, in case of the death of the head thereof,
the possession and enjoyment of such permament home, and the
improvements thereon; and he may at any time, at his discretion,
after such • person or family has made location on the land assigned
for a permanent home, issue a patent to such person or family for
such assigned land, conditioned that the tract shall not be aliened or
leased for a longer term than two years, and shall be exempt from
levy, sale, or forfeiture, which conditions shall continue in force until
a State constitution, embracing such lands within its boundaries, shall
have been formed, and the legislature of the State shall remove the
restrictions. And if any such family shall at any time neglect or
refuse to occupy or till a portion of the land assigned, and on which
they have located, or shall rove from place to place, the President may,
if the patent shall have been issued, revoke the same, or, if not issued,
cancel the assignment, and may also withhold from such person or
family their proportion of the annuities or other moneys due them,
until they shall have returned to such permanent home, and resume
the persuits of industry; and in default of their return, the tract may
be declared abandoned and thereafter assigned to some other person or
family of the Indians residing on the reserve.

No State legislature shall remove the restrictions herein provided
for, without the consent of Congress.

Article 6. The United States agree to erect for said Indians a good
blacksmith-shop, furnish it with tools, and keep it in repair for ten
years, and provide a competent blacksmith for the same period; to.
erect suitable buildings for a hospital, supply medicines, and provide
an experienced physician for fifteen years; to provide a competent
farmer to instruct the Indians in agriculture for ten years; and to erect
a school-house, and provide books, stationery, and a properly qualified
teacher for twenty years.

Article 7. The annuities of the Indians shall not be taken to pay
the debts of individvals.

Article 8. The said confederated bands acknowledge their depend¬
ence on the Government of the United States, and promise to be
friendly with all the citizens thereof, and pledge themselves to com¬
mit no depredations on the property of such citizens. And should any
one or more of the Indians violate this pledge, and the fact be satis-

Payment for expense
of removal.

Survey and allot¬
ment of the reserve.

Power of future
States over restric¬
tions limited.

Blacksmith’s shop,
etc.

Annuities not to be
taken for debt.

Submission and con¬
duct of Indians.

494

Provision against
intemperance.

Roads, etc., may be
constructed.

Merchandise to be
part payment of an¬
nuities.

Dec. 9, 1854.

11 Stat., 605.

10 Stat., 1130.
Proclaimed Apr. >10,
1855.

Ratified, Feb. 28,
1855.

Preamble.

TREATY WITH CONFEDERATED OTO AND MISSOURI, 1854.

factorily proven before the agent, the property shall be returned, or
in default thereof, or if injured or destroyed, compensation may be
made by the Government out of their annuities. Nor will they make
war on any other tribe except in self-defense, but will submit all mat¬
ters of difference between them and other Indians to the Govern¬
ment of the United States or its agent, for decision, and abide thereby.
And if any of the said Indians commit any depredations on any other
Indians, the same rule shall prevail as that prescribed in this article in
case of any depredations against citizens. Said Indians further
engage to submit to, and observe all laws, rules, and regulations which
may be prescribed by the United States for the government of said
Indians.

Article 9. It is hereby provided, in order to prevent the evils of
intemperance among said Indians, that any one of them who shall be
guilty of bringing liquor into their reserve, or shall drink liquor, may
have his or her proportion of the annuities withheld from him on her
for such time as the President may determine.

Article 10. The said confederate bands agree, that all the necessary
roads, highways, and railroads which may be constructed as the coun¬
try improves, the lines of which may run through the reservation of
said Indians, shall have the right of way therein, a just compensation
being made therefor.

Article 11. The merchandise distributed to the members of the
said confederate bands at the nogotiation of this treaty shall be con¬
sidered as in part payment of the annuities herein provided.

Article 12. This treaty shall be obligatory on the contracting
parties as soon as the same shall be ratified by the President and Sen¬
ate of the United States.

TREATY WITH CONFEDERATED OTO AND MISSOURI, 1854.

Article of agreement and convention made and concluded at Nebraska
City , in the^ Territory of Nebraska, on the ninth day of December, one
thousand eight hundred and fifty four, between the tfnited States of
America, by George Hepner, United States' Indian agent , duly author¬
ized thereto , and the chiefs and headmen of the confederate tribes
of the Ottoe and Missouria Indians , to be taken and considered as a
supplement to the treaty made between the United States and said
confederate tribes , on the fifteenth day of March, one thousand eight
hundred and fifty -four.

Whereas, by the first article of the treaty in the caption mentioned,
it is stipulated that the confederate tribes of the Ottoe and Missouria
Indians cede to the United States all their country west of the Mis¬
souri River, excepting a strip of land on the waters of the Big Blue
River, ten miles in width, and bounded as follows: commencing at a
point in the middle of the main branch of the Big Blue River, in a
west or southwest direction from old Fort Kearney, at a place called
by the Indians the u Islands;” thence west to the western boundary of
the country hereby ceded; thence in a northerly course with said
western boundary ten miles; thence east to a point due north of the
starting point, and ten miles therefrom; thence to the place of begin¬
ning.

And whereas, upon exploration of said reservation by the said con¬
federate tribes, it was found that they had been mistaken as to the
location thereof, much the larger portion, or nearly the entirety of it,
being to the west of the Big Blue River, and without sufficiency of
timber, and they being dissatisfied therewith, and the United States

TREATY WITH NlSQUALLI, PUYALLUP, ETC., 1854.

495

being desirous of removing all cause of complaint, this article is
entered into.

Article. It is agreed and stipulated, between the United States and Boundary of their
the said confederate tribes of Ottoe and Missouria Indians, that the reservation-
initial point of their reservation, in lieu of that stated in the treaty,
in the caption hereof mentioned, shall be a point five miles due east
thereof, thence west twenty-five miles, thence north ten miles, thence
east to a point due north of the starting point and ten miles therefrom,
thence to the place of beginning; and the country embraced within
said boundaries shall be taken and considered as the reservation and
home of said confederate tribes, in lieu of that provided for them and
described in the first article of said treaty.

TREATY WITH NISQUALLI, PTJYALLTJP, ETC., 1854.

Articles of agreement and convention made and concluded on the She- Dec. 26,1854.
nah-narn , or Medicine Greek , in the Territory of Washington, this io stat., 1132.
twenty -sixth day of December, in the year one thousand eight hundred 1855roclaimed Apr-10,
and fifty-four, by Isaac I. Stevens , governor and superintendent of Ratified Mar. 3,1855.
Indian affairs of the said Territory , on the part of the United States,
a/nd the undersigned chief s, head-men, and delegates of the Nisqually,

Puyallup, Steiiacoorn , Squawskin, S'1 Homamish, Stehchass, T Peek-
sin, Squi-aitl, and Sa-heh-wamish tribes and bands of Indians ,
occupying the lands lying round the head of Puget? s Sound and the
adjacent inlets, who, for the purpose of this treaty, are to be regarded
as one nation, on behalf of said tribes and bands, and duly authorized
by them.

Article 1. The said tribes and bands of Indians hereby cede, relin- cession to united
quish, and convey to the United States, all their right, title, and inter- States’
est in and to the lands and country occupied by them, bounded and
described as follows, to wit: Commencing at the point on the east¬
ern side of Admiralty Inlet, known as Point Pully, about midway
between Commencement and Elliott Bays; thence running in a south¬
easterly direction, following the divide between the waters of the Puy¬
allup and Dwamish, or White Rivers, to the summit of the Cascade
Mountains; thence southerly, along the summit of said range, to a
point opposite the main source of the Skookum Chuck Creek; thence
to and down said creek, to the coal mine; thence northwesterly, to the
summit of the Black Hills; thence northerly, to the upper forks of
the Satsop River; thence northeasterly, through the portage known as
Wilkes’s Portage, to Point Southworth, on the western side of Admi¬
ralty Inlet; thence around the foot of Vashon’s Island, easterly and
southeasterly, to the place of beginning.

Article 2. There is, however, reserved for the present use and ^Reservation for said
occupation of the said tribes and bands, the following tracts of land,
viz: The small island called Klah-che-min, situated opposite the mouths
of Hammersley’s and Totten’s Inlets, and separated from Hartstene
Island by Peale’s Passage, containing about two sections of land by
estimation; a square tract containing two sections, or twelve hundred
and eighty acres, on Puget’s Sound, near the mouth of the She-nah-
nam Creek, one mile west of the meridian line of the United States
land survey, and a square tract containing two sections, or twelve
hundred and eighty acres, lving on the south side of Commencement
Bay; all which tracts shall be set apart, and, so far as necessary, sur¬
veyed and marked out for their exclusive use; nor shall any white
man be permitted to reside upon the same without permission of the

496

TREATY WITH NISCJUALLI, PUYALLUP, ETC., 1854.

Removal thereto.

Roads to be con¬
structed.

Rights to fish.

Payments for said
cession.

How applied.

Expenses of re¬
moval.

Removal from said
reservation.

Ante, p. 455.

Annuities not to be
taken for debt.

tribe and the superintendent or agent. And the said tribes and bands
agree to. remove to and settle upon the same within one year after the
ratification of this treaty, or sooner if the means are furnished them.
In the mean time, it shall be lawful for them to reside upon any ground
not in the actual claim and occupation of citizens of the United States,
and upon any ground claimed or occupied, if with the permission of
the owner or claimant. If necessary for the public convenience, roads
may be run through their reserves, and, on the other hand, the right
of way with free access from the same to the nearest public highway
is secured to them.

Article 3. The right of taking fish, at all usual and accustomed
grounds and stations, is further secured to said Indians in common
with all citizens of the Territory, and of erecting temporary houses
for the purpose of curing, together with the privilege of hunting,
gathering roots and berries, and pasturing their horses on open and
unclaimed lands: Provided , however , That they shall not take shell¬
fish from any beds staked or cultivated by citizens, and that they shall
alter all stallions not intended for breeding-horses, and shall keep up
and confine the latter.

Article 4. In consideration of the above cession, the United States
agree to pay to the said tribes and bands the sum of thirty -two thou¬
sand five hundred dollars, in the following manner, that is to sav: For
the first year after the ratification hereof, three thousand two hundred
and fifty dollars; for the next two years, three thousand dollars each
year; for the next three years, two .thousand dollars each year; for the
next four years fifteen hundred dollars each year; for the next five
years twelve hundred dollars each year; and for the next five years
one thousand dollars each year; all which said sums of money shall be
applied to the use and benefit of the said Indians, under the direction
of the President of the United States, who may from time to time
determine, at his discretion, upon what beneficial objects to expend the
same. And the superintendent of Indian affairs, or other proper offi¬
cer, shall each year inform the President of the wishes of said Indians
in respect thereto.

Article 5. To enable the said Indians to remove to and settle upon
their aforesaid reservations, and to clear, fence, and break up a suffi¬
cient quantity of land for cultivation, the United States further agree
to pay the sum of three thousand two hundred and fifty dollars, to be
laid out and expended under the direction of the President, and in such
manner as he shall approve.

Article 6. The President may hereafter, when in his opinion the
interests of the Territory may require, and the welfare of the said
Indians be promoted, remove them from either or all of said reserva¬
tions to such other suitable place or places within said Territory as he
may deem fit, on remunerating them for their improvements and the
expenses of their removal, or may consolidate them with other friendly
tribes or bands. And he may further, at his discretion, cause the
whole or any portion of the lands hereby reserved, or of such other
land as may be selected in lieu thereof, to be surveyed into lots, and
assign the same to such individuals or families as are willing to avail
themselves of the privilege, and will locate on the same as a perma¬
nent home, on the same terms and subject to the same regulations as
are provided in the sixth article of the treaty with the Omahas, so far
as the same may be applicable. An}7 substantial improvements here¬
tofore made by any Indian, and which he shall be compelled to aban¬
don in consequence of this treaty, shall be valued under the direction
of the President, and payment be made accordingly therefor.

Article 7. The annuities of the aforesaid tribes and bands shall
not be taken to pay the debts of individuals.

TREATY WITH NISQUALLI, PUYALLUP, ETC., 1854.

497

Article 8. The aforesaid tribes and bands acknowledge their depend- . stipulations respect-
ence on the Government of the United States, and promise to be an!. con<iuct ° n 1-
friendly with all citizens thereof, and pledge themselves to commit
no depredations on the property of such citizens. And should any
one or more of them violate this pledge, and the fact be satisfactorily
proved before the agent, the property taken shall be returned, or in
default thereof, or if injured or destroyed, compensation maybe made
by the Government out of their annuities. Nor will they make war
on any other tribe except in self-defence, but will submit all matters
of difference between them and other Indians to the Government of
the United States, or its agent, for decision, and abide thereby. And
if any of the said Indians commit any depredations on any other Indi¬
ans within the Territory, the same rule shall prevail as that prescribed
in this article, in cases of depredations against citizens. And the said
tribes agree not to shelter or conceal offenders against the laws of the
United States, but to deliver them up to the authorities for trial.

Article 9. The above tribes and bands are desirous to exclude from intemperance,
their reservations the use of ardent spirits, and to prevent their people
from drinking the same; and therefore it is provided, that any Indian
belonging to said tribes, who is guilty of bringing liquor into said
reservations, or who drinks liquor, may have his or her proportion of
the annuities withheld from him or her for such time as the President
may determine.

Article 10. The United States further agree to establish at the Schools’ shops> etc-
general agency for the district of Puget’s Sound, within one year from
the ratification hereof, and to support, for a period of twenty years,
an agricultural and industrial school, to be free to children of the said
tribes and bands, in common with those of the other tribes of said
district, and to provide the said school with a suitable instructor or
instructors, and also to provide a smithy and carpenter’s shop, and
furnish them with the necessary tools, and employ a blacksmith, car¬
penter, and farmer, for the term of twenty years, to instruct the
Indians in their respective occupations. And the United States fur¬
ther agree to employ a physician to reside at the said central agency,
who shall furnish medicine and advice to their sick, and shall vac¬
cinate them; the expenses of the said school, shops, employees, and
medical attendance, to be defrayed by the United States, and not

deducted from the annuities.

Article 11. The said tribes and bands agree to free all slaves now slaves to be freed,
held by them, and not to purchase or acquire others hereafter.

Article 12. The said tribes and bands finally agree not to 1 irade at limU ® f °t^e united
Vancouver’s Island, or elsewhere out of the dominions of the United states forbidden.
States; nor shall foreign Indians be permitted to reside in their reser-
vations without consent of the superintendent or agent. h t

Article 13. This treaty shall be obligatory on the contracting par- taU effect.
ties as soon as the same shall be ratified by the President and Senate

of the United States.

S. Doc. 452 - 32

498

TEEATY WITH THE CALAPOOIAS, ETC., 1855.

Jan. 22, 1855.

10 Stats., 1143.
Proclaimed, Apr. 10,
355.

Ratified, Mar.3, 1865.

Cession to theUnited
States.

Temporary reserva¬
tion.

Protection.

Removal to a home
to be assigned.

TREATY WITH THE CALAPOOIAS, ETC., 1855.

Articles of agreement and convention made and concluded at Dayton .
Oregon Territory , by Joel Palmer , superintendent of Indian affairs,
on the part of the United States , and the following -named chiefs of
the confederated bands of Indians residing in the Willamette Valley ,
they being duly authorized thereto by their respective, bands , to-wit :
Ki-a-Jcuts , Le Medecin , and Yat-skaw , or. Dave , chiefs of the Tua-
loMn band of Calapooias ; Shap-h, or William , Shel-ke-ah , or David,
and Gha-ah, or Jesse , chiefs of the Yam Hill band; Dabo, or Jim,
Sco-la-quit , or John, and Yah-kow or Kompetme, chiefs of the Che-
luk-i-ma-uke band; Ah-mo, or George, Himpher, or Hubbard, and
Oh-no , or Tim, chiefs of the Chep-en-a-pho or Marysville band;
Ma-mah-mo, or Charley Peter, Cha-che-clue, or Tom, and Quineflat,
or Ben, chiefs of the Chem-a-pho or Maddy band; Luck-a-ma-foo, or
Antoine , and Moo-til, or Charley, chief of the Che-lam-e-la or Long
Tom band, all of the Calapooias; Qui-a-qua-ty , Yalkus, and Kow-
ka-ma, or Long Hair, chiefs of the Mo-lal-la band of Mo-lal-las.;
Kites,, or Jim, and Kow-ah-tough, or John, chiefs of the Calapooia
band of Calapooias: Anta-quil-al-la, or John , and Mequah, of the
Winnefelly and Mohawk bands; Yack-a-tee, or Sam, To-phor, or
Jim Brown, and Hal-la-be, or Doctor, of the Tekopa band; Pulk-tah,
of the Chafanbandof the Calapooia tribe; Tvm-walth and O-ban-a-
hah, chiefs of the Wah-lal-la band of Turn-waters; Watch-a-no, Te-
ap-i-nick, and Wal-lah-pi-coto, chiefs of the Clack-a-mas tribe;
Lallak and Cuck-a-man-na, or David, of the Clow-we-wal-la or
Willamette Turn-water band; Tow-ye-col-la, or. Louis; Yelk-ma ,. or
Jo, La-ham , or Tom, Joseph Sanegertta, Pullican, Te-na, or Kites,
Pul-kup-li-ma, or John, Sallaf or Silas, Hoip-ke-nek , or Jack,
Yepta, and Sat-invose or James , chiefs and head-men of the Santiam
bands of Calapooias.

Article 1. The above-named confederated bands of Indians cede to
the United States all their right, title, and claim to all and every part
of the country included in the following boundaries, to wit:

Commencing in the middle of the main channel of the Columbia
River, opposite the mouth of the first creek emptying into said river
from the south below Oak Point, thence south to the first standard paral¬
lel north of the base-line in the Government survey, thence west to the
summit of the Coast Range of mountains, thence southerly along the
summit of said range to the Calapooia Mountains, thence easterly along
the summit of said mountains to the summit of the Cascade Mountains,
thence along said summit northerly^ to the middle of the Columbia
River, at the Cascade Falls, and thence down the middle of said river
to the place of beginning.

Provided, however. That said bands be permitted to remain within
the limits of the country ceded, and on such temporary reserves as
may be made for them by the superintendent of Indian affairs, until
a suitable district of country shall be designated for their perma¬
nent home, and proper improvements made thereon: And provided,
That the United States make proper provision for the security of their
persons and property from the hostile attacks of Indians of other
tribes and bands. At which time, or when thereafter directed by the
superintendent of Indian affairs, or agent, said confederated bands
engage peaceably, and without expense to the United States other
than that provided for in this treaty, to vacate the country hereby
ceded, and remove to the district which shall be designated for their
permanent occupancy.

TREATY WITH THE CALAPOOIAS, ETC., 1855.

499

Article 2. In consideration of, and payment for the country herein Payment to said in-
described, the United States agree to pay to the bands and tribes of dlans‘

Indians claiming territory and residing in said country, the several
sums of money following, to wit:

Ten thousand dollars per annum for the first five years, commencing
on the first day of September, 1855.

Eight thousand dollars per annum for the term of five years next
succeeding the first five.

Six thousand five hundred dollars per annum for the term of five
years next succeeding the second five.

Five thousand five hundred dollars per annum for the term of five
years next succeeding the third five.

All of which several sums of money shall be expended for the use How expended,
and benefit of the confederated bands, under the direction of the Presi¬
dent of the United States, who may, from time to time, at his discre¬
tion, determine what proportion thereof shall be expended for such
objects as in his judgment will promote their well-being, and advance
them in civilization, for their moral improvement and ‘education, for
buildings, opening and fencing farms, breaking land, providing stock,
agricultural implements, seeds, &c. ; for clothing, provisions, and tools;
for medical purposes; providing mechanics and farmers, and for arms
and ammunition.

The United States agree to pay said Indians the additional sum of Further payment,
fifty thousand dollars, a portion whereof shall be expended for such How expended,
articles as the superintendent of Indian affairs shall furnish the Indians,
as soon as practicable after the signing of this treaty; and in provid¬
ing, after the ratification thereof, and while the Indians shall reside on
the temporary reserves that may be assigned them, horses, oxen, and
other stock, wagons, agricultural implements, clothing, and provisions,
as the President may direct; and for erecting on the tract that may be
selected as their permanent homes, mills, shops, school-houses, a hos¬
pital, and other necessary buildings, and making improvements; for
seeds, stock, and farming operations thereon; for paying for the per¬
manent improvements of settlers, should any such be on said tract at
the time of its selection; to pay the expenses of the removal of the
Indians thereto, and in providing for their subsistence thereon for the
first year after their removal. Provided , however , That if any band or fJetosfgnthistr^,^
bands of Indians, residing on or claiming any portion or portions of the
country described in article first, shall not accede to the terms of this
treaty, then the bands becoming parties hereunto agree to receive such
part of the several annual and other payments herein named, as a con¬
sideration for the entire country described as aforesaid, as shall be in
the proportion that their aggregate number may bear to the whole
number of Indians residing in and claiming the entire country afore¬
said, as consideration and payment in full for the tracts in said coun¬
try claimed bv them. And, provided. Any of the bands becoming parties c£™ton t?mS
to~ this treaty establish a legitimate claim to any portion of the coun- P°SbXed°lumbia
try north of the Columbia River, that the amount to which they may
be entitled as a consideration for such country, in any treaties here¬
after entered into with the United States, shall be added to the annui¬
ties herein provided for.

Article 3. In addition to the considerations specified, the United y ’

States agree to provide for the employment, for the term of five years
from and after the removal of said Indians to their permanent reserve,
of a physician, a school-teacher, a blacksmith, and a superintendent of
farming operations. .

Article 4. The President may, from time to time, at his discretion, bo^e^ytiob* ^
cause the whole, or such portion as he may think proper, of the tract veyed and allotted,
that may hereafter be set apart as the ~ permanent home of these

500

TREATY WITH THE CALAPOOIAS, ETC., 1855,

Annuities not to be
taken for debt.

Stipulations as to
conduct of said In¬
dians.

Intemperance.

Roads may be con¬
structed.

Treaty, when obliga¬
tory.

Indians, to be surveyed into lots, and assign them to such Indians of
the confederated bands as may wish to enjoy the privilege, and locate
thereon permanently; to a single person, over twenty-one years of
age, twenty acres; to a family of two persons, forty acres; to a family
of three, and not exceeding five persons, fifty acres; to a family of
six persons, and not exceeding ten, eighty acres; and to each family
over ten in number, twenty acres for each additional three members.
And the President may provide such rules and regulations as will
secure to the family, in case of the death of the head thereof, the
possession and enjoyment of such permanent home, and the improve¬
ments thereon; and he may, at any time, at his discretion, after such
person or family has made location on the land assigned as a perma¬
nent home, issue a patent to such person or family, for such assigned
land, conditioned that the tract shall not be aliened or leased for a
longer time than two years, and shall be exempt from levy, sale, or
forfeiture; which conditions shall continue in force until a State con¬
stitution, embracing such lands within its boundaries, shall have been
formed, and the legislature of the State shall remove the restrictions:
Provided , however , That no state legislature shall remove the restric¬
tions herein provided for, without the consent of Congress. And if
any such family shall, at any time neglect or refuse to occupy or till a
portion of the land assigned, and on which they have located, or shall
rove from place to place, the President ma}7, if the patent shall have
been issued, revoke the same; or, if not issued, cancel the assignment;
and may also withhold from such person or family their proportion of
the annuities or other moneys due them, until they shall have returned
to such permanent home, and resume the pursuits of industry; and in
default of their return, the tract may be declared abandoned, and
thereafter assigned to some other person or family of the Indians
residing on the reserve.

Article 5. The annuities of the Indians shall not be taken to pay
the debts of individuals.

Article 6. The confederated bands acknowledge their dependence
on the government of the United States, and promise to be friendly
with all the citizens thereof, and pledge themselves to commit no dep¬
redations on the property of such citizens. And should any one or
more of the Indians violate this pledge, and the fact be satisfactorily
proven before the agent, the property taken shall be returned, or in
default thereof, or if injured or destroyed, compensation may be made
by the Government out of their annuities. Nor will thejT make war on
any other band or tribe of Indians, except in self-defence, but will sub¬
mit all matters of difference between them and other Indians to the
Government of the United States, or its agent, for decision, and abide
thereby. And if an}7 of said Indians commit any depredations on any
other Indians, the same rule shall prevail as that prescribed in this arti¬
cle in case of depredations against citizens. Said Indians further engage
to submit to and observe all laws, rules, and regulations which may be
prescribed by the United States for the government of said Indians.

Article 7. In order to prevent the evils of intemperance among said
Indians, it is hereby provided that any one of them who shall drink
liquor, or procure it for other Indians" to drink, may have his or her
proportion of the annuities withheld from him or her for such time as
the President may determine.

Article 8. The said confederated bands agree that when a perma¬
nent reserve shall be assigned them, all roads, highways, and railroads,
demanded at any time by the public convenience, shall have the right
of way therein, a just compensation being made therefor.

Article 9. This treaty shall be obligatory on the contracting parties
as soon as the same shall be ratified by the President and Senate of the
United States.

TREATY WITH THE DW AMISH, SUQU AMISH, ETC., 1855.

501

TREATY WITH THE DW AMISH, SUQUAMISH, ETC., 1855.

Articles of agreement and convention made and concluded at Muckl- Jan. 22,1855.
te-oh , or Point Elliott , in the Territory of Washington , this twenty- 12 stat., 927.
second day of January , eighteen hundred and fifty -five, by Isaac I i859roclaimed Apr‘ n’
Stevens , governor and superintendent of Indian affairs for the said Ratified Mar. 8, im
Territory , on the part of the United States , and the undersigned
chiefs , head-men and delegates of the Dwdmish , Suquamish, Sk-
tdfd-mish , Sam-dhmish, Smalh-kamish , Skope-dhmish, St-Mh-mish,

Snoqudlmoo, Skai-iv ha-mis h, IP Quentl-md-mish , Sk-tdh-le-jum,
Stoluck-iohd-mish, Sno-ho-mish, Skagit , Kik-i-dllus , Swin-d-mish ,

Squin-dh-mish , Sah-ku-mehu , Noo-whd-lia , Nook-wa-chdh-mish ,
Mee-see-qua-guilch , Cho-bah-dh-bish , other allied and subordi¬

nate tribes and bands of Indians occupying certain lands situated ini
said Territory of Washington , on behalf of said tribes, and duly
authorized by them.

Article 1. The said tribes and bands of Indians hereby cede, relin cession of lands to.
quish, and convey to the United States all their right, title, and interest e mtedstates-
in and to the lands and country occupied by them, bounded and described
as follows: Commencing at a point on the eastern side of Admiralty
Inlet, known as Point Fully, about midway between Commencement
and Elliott Bays; thence eastwardly, running along the north line of Boundaries,
lands heretofore ceded to the United States by the Nisqually, Puyallup,
and other Indians, to the summit of the Cascade range of mountains;
thence northwardly, following the summit of said range to the 49th
parallel of north latitude; thence west, along said parallel to the
middle of the Gulf of Georgia; thence through the middle of said
gulf and the main channel through the Canal de Arro to the Straits
of Fuca, and crossing the same through the middle of Admiralty
Inlet to Suquamish Head; thence southwestern, through the penin¬
sula, and following the divide between Hood’s Canal and Admiralty
Inlet to the portage known as Wilkes’ Portage; thence northeast¬
wardly, and following the line of lands heretofore ceded as aforesaid
to Point Southworth, on the western side of Admiralty Inlet, and
thence round the foot of Yashon’s Island eastwardly and southeast-
wardly to the place of beginning, including all the islands comprised
within said boundaries, and all the right, title, and interest of the said
tribes and bands to any lands within the territory of the United States.

Article 2. There is, however, reserved for the present use and Reservation,
occupation of the said tribes and bands the following tracts of land,
viz: the amount of two sections, or twelve hundred and eighty acres,
surrounding the small bight at the head of Port Madison, called by the
Indians Noo-sohk-um; the amount of two sections, or twelve hundred
and eighty acres, on the north side Hwhomish Bay and the creek
emptying into the same called Kwilt-seh-da, the peninsula at the
southeastern end of Perry’s Island, called Shais-quihl, and the island
called Chah-choo-sen, situated in the Lummi River at the point of
separation of the mouths emptying respectively into Bellingham Bay
and the Gulf of Georgia. All which tracts shall be set apart, and so
far as necessary surveyed and marked out for their exclusive use; whitesnot to reside
nor shall any white man be permitted to reside upon the same without thereon unless, etc.
permission of the said tribes or bands, and of the superintendent or
agent, but, if necessary for the public convenience, roads may be run
through the said reserves, the Indians being compensated for any
damage thereby done them.

Article 3. There is also reserved from out the lands hereby ceded Further reservation
the amount of thirty -six sections, or one township of land, on the forschools-
northeastern shore of Port Gardner, and north of the mouth of Sno-

502 TREATY WITH THE DW AMISH, SUQU AMISH, ETC., 1855.

homish River, including Tulalip Bay and the before-mentioned Kwilt-
seh-da Creek, for the purpose of establishing thereon an agricultural
and industrial school, as hereinafter mentioned and agreed, and with
a view of ultimately drawing thereto and settling thereon all the
Indians living west of the Cascade Mountains in said Territory. Pro¬
vided, however, That the President may establish the central agency
and general reservation at such other point as he may deem for the
benefit of the Indians.

reJerTOtion Within ARTICLE 4. The said tribes and bands agree to remove to and settle
one year. ' 3 in upon the said first above-mentioned reservations within one year after

the ratification of this treaty, or sooner, if the means are furnished
them. In the mean time it shall be lawful for them to reside upon
any land not in the actual claim and occupation of citizens of the
United States, and upon any land claimed or occupied, if with the
permission of the owner.

iegefhsecurea tonin’ Article 5. The right of taking fish at usual and accustomed grounds
dians. secure 0 n and stations is further secured to said Indians in common with all
citizens of the Territory, and of erecting temporary houses for the
purpose of curing, together with the privilege of hunting and gather¬
ing roots and berries on open and unclaimed lands. Provided, however ,
That they shall not take shell-fish from any beds staked or cultivated
by citizens.

Payment by the Article 6. In consideration of the above cession, the United States
agree to pay to the said tribes and bands the sum of one hundred and
fifty thousand dollars, in the following manner — that is to say: For the
first year after the ratification hereof, fifteen thousand dollars ; for the
next two years, twelve thousand dollars each j^ear; for the next three
years, ten thousand dollars each year; for the next four years, seven
thousand five hundred dollars each year; for the next five years, six
thousand dollars each year; and for the last five years, four thousand
How to be applied, two hundred and fifty dollars each year. All which said sums of money
shall be applied to the use and benefit of the said Indians, under the
direction of the President of the United States, who may, from time
to time, determine at his discretion upon what beneficial objects to
expend the same; and the superintendent of Indian affairs, or other
proper officer, shall each year inform the President of the wishes of
said Indians in respect thereto.

moved to reservation^ . Article 7. The President may hereafter, when in his opinion the
etc- interests of the Territory shall require and the welfare of the said

Indians be promoted, remove them from either or all of the special
reservations hereinbefore made to the said general reservation, or such
other suitable place within said Territory as he may deem fit, on re¬
munerating them for their improvements and the expenses of such
removal, or may consolidate them with other friendly tribes or bands;
and he may further at his discretion cause the whole or any portion
of the lands hereby reserved, or of such other land as may be selected
ixUndMduiisassigned He.u t^ere°fj to be surveyed into lots, and assign the same to such
individuals or families as are willing to avail themselves of the privi-
Ante, p.455. lege, and will locate on the same as a permanent home on the same
terms and subject to the same regulations as are provided in the sixth
article of the treaty with the Omahas, so far as the same may be appli¬
cable. Any substantial improvements heretofore made by any Indian,
and which he shall be compelled to abandon in consequence of this
treat}^, shall be valued under the direction of the President and pay¬
ment made accordingly therefor.

Article 8. The annuities of the aforesaid tribes and bands shall not
be taken to pay the debts of individuals.

Tribes to preserve Article 9. The said tribes and bands acknowledge their dependence
nen y re a ions. on the Government of the United States, and promise to be friendly

TREATY WITH THE DW AMISH, SUQU AMISH, ETC.. 1855.

503

with all citizens thereof, and they pledge themselves to commit no
depredations on the property of such citizens. Should any one or more
of them violate this pledge, and the fact be satisfactorily proven before
the agent, the property taken shall be returned, or in default thereof,
or if injured or destroyed, compensation maj^ be made by the Govern¬
ment out of their annuities. Nor will they make war on any other tribe
except in self-defence, but will submit all matters of difference between
them and the other Indians to the Government of the United States or
its agent for decision, and abide thereby. And if any of the said Indians
commit depredations on other Indians within the Territory the same
rule shall prevail as that prescribed in this article in cases pf depre¬
dations against citizens. And the said tribes agree not to shelter or
conceal offenders against the laws of the United States, but to deliver
them up to the authorities for trial.

Article 10. The above tribes and bands are desirous to exclude
from their reservations the use of ardent spirits, and to prevent their
people from drinking the same, and therefore it is provided that any
Indian belonging to said tribe who is guilty of bringing liquor into said
reservations, or who drinks liquor, may have his or her proportion of
the annuities withheld from him or her for such time as the President
may determine.

Article 11. The said tribes and bands agree to free all slaves now
held by them and not to purchase or acquire others hereafter.

Article 12. The said tribes and bands further agree not to trade at
Vancouver’s Island or elsewhere out of the dominions of the United
States, nor shall foreign Indians be permitted to reside in their reser¬
vations without consent of the superintendent or agent.

Article 13. To enable the said Indians to remove to and settle upon
their aforesaid reservations, and to clear, fence, and break up a suffi¬
cient quantity of land for cultivation, the United States further agree
to pay the sum of fifteen thousand dollars to be laid out and expended
under the direction of the President and jn such manner as he shall
approve.

Article 14. The United States further agree to establish at the
general agency for the district of Puget’s Sound, within one year from
the ratification hereof, and to support for a period of twenty years,
an agricultural and industrial school, to be free to children of the said
tribes and bands in common with those of the other tribes of said dis¬
trict, and to provide the said school with a suitable instructor or
instructors, and also to provide a smithy and carpenter’s shop, and
furnish them with the necessary tools, and employ a blacksmith, car¬
penter, and farmer for the like term of twenty years to instruct the
Indians in their respective occupations. And the United States finally
agree to employ a physician to reside at the said central agency, who
shall furnish medicine and advice to their sick, and shall vaccinate
them; the expenses of said school, shops, persons employed, and med¬
ical attendance to be defrayed by the United States, and not deducted
from the annuities.

Article 15. This treaty shall be obligatory on the contracting par¬
ties as soon as the same shall be ratified by the President and Senate
of the United States.

To pay for depreda¬
tions, not to make war,
etc.

To surrender offend¬
ers.

Annuities tobe with¬
held from those who
drink, etc., ardent
spirits.

Tribe to free all
slaves and not to ac¬
quire others.

Rot to trade out of
the United States.

115,000 appropriated
for expenses of re¬
moval and settlement.

United States to es¬
tablish school and
provide instructors
furnish mechanics
shops, physicians, etc.

Treaty, when to
take effect.

504

TREATY WITH THE s’KLALLAM, 3855.

Jan. 26, 1855.

12 Stats., p. 933.
Proclaimed Apr. 29,
1859.

Ratified Mar. 8, 1859.

Cession of lands to
the United States.

Boundaries.

Reservation.

Whites not to reside
thereon.

Tribes to settle on
reservation.

Privileges to In
dians.

TEEATY WITH THE S’KLALLAM, 1855.

Articles of agreement and convention made and concluded at Hahdskus ,
or Point no Point , Suquamish Head , in the Territory of Washing¬
ton* this twenty-sixth day of January, eighteen hundred and fifty-
five, by Isaac I. Stevens, governor and superintendent of Indian
affairs for the said Territory, on the part of the United States, and
the undersigned chiefs, headmen, and delegates of the different vil¬
lages of the S^KlaUams, viz: Kah-tai , Squah-quaihtf Tch-queen,
Ste-tehtlum, Tsohkw, Tennis, JElh-wa, Pishtst, Hunnint, Klat-la-
wash, and Oke ho, and also of the Sko-ko-mish, To-an-hooch, and
Chem-a-kum tribes , occupying certain lands on the Straits of Fuca
and Hood’s Canal, in the. Territory of Washington, on behalf af said
tribes, and duly authorized by them .

Article 1. The said tribes and bands of Indians hereby cede, relin¬
quish, and convey to the United States all their right, title, and inter¬
est in and to the lands and country occupied by them, bounded and
described as follows, viz: Commencing at the mouth of the Okeho
River, on the Straits of Fuca; thence southeastwardly along the west¬
erly line of territory claimed by the Makah tribe of Indians to the
summit of the Cascade Range; thence still southeastward!}" and south¬
erly along said summit to the head of the west branch of the Satsop
River, down that branch to the main fork; thence eastwardly and fol¬
lowing the line of lands heretofore ceded to the the United States by
the Msqually and other tribes and bands of Indians, to the summit of
the Black Hills, and northeastwardly to the portage known as Wilkes’
Portage; thence northeastwardly, and following the line of lands here¬
tofore ceded to the United States by the Dwamish, Suquamish, and
other tribes and bands of Indians, to Suquamish Head; thence north¬
erly through Admiralty Inlet to the Straits of Fuca; thence westwardly
through said straits to the.place of beginning; including all the right,
title, and interest of the said tribes and bands to any land in the Ter¬
ritory of Washington.

Article 2. There is, however, reserved for the present use and
occupation of the said tribes and bands the following tract of land, viz:
The amount of six sections, or three thousand eight hundred and forty
acres, situated at the head of Hood’s Canal, to be hereafter set apart,
and so far as necessary, surveyed and marked out for their exclusive
use; nor shall any white man be permitted to reside upon the same
without permission of the said tribes and bands, and of the superin¬
tendent or agent; but, if necessary for the public convenience, roads
may be run through the said reservation, the Indians being compen¬
sated for any damage thereby done them. It is, however, understood
that should the President of the United States hereafter see fit to place
upon the said reservation any other friendly tribe or band, to occupy
the same in common with those above mentioned, he shall be at liberty
to do so.

Article 3. The said tribes and bands agree to remove to and settle
upon the said reservation within one year after the ratification of this
treaty, or sooner if the means are furnished them. In the mean time,
it shall be lawful for them to reside upon any lands not in the actual
claim or occupation of citizens of the United States, and upon any
land claimed or occupied, if with the permission of the owner.

Article 4. The right of taking fish at usual and accustomed grounds
and stations is further secured to said Indians, in common with all
citizens of the United States; and of erecting temporary houses for the
purpose of curing; together with the privilege of hunting and gather¬
ing roots and berries on open and unclaimed lands. Provided, however.
That they shall not take shell-fish from any beds staked or cultivated
by citizens.

TREATY WITH THE s’KLALLAM, 1855. 5 0 5

Article 5. In consideration of the above cession the United States Payments by the
agree to pay to the said tribes and bands the sum of sixty thousand United States-
dollars, in the following manner, that is to say: during the first year
after the ratification hereof, six thousand dollars; for the next two
y ears, five thousand dollars each year; for the next three years, four
thousand dollars each year; for the next four years, three thousand
dollars each year; for the next five years, two thousand four hundred
dollars each year; and for the next five years, one thousand six hun¬
dred dollars each year. All which said sums of money shall be applied how to be applied,
to the use and benefit of the said Indians under the direction of the
President of the United States, who may from time to time determine
at his discretion upon what beneficial objects to expend the same.

And the superintendent of Indian affairs, or other proper officer, shall
each year inform the President of the wishes of said Indians in respect
thereto..

Article 6. To enable the said Indians to remove to and settle upon Appropriations for
their aforesaid reservations, and to clear, fence, and break up a suffi- remova1’ etc-
cient quantity of land for cultivation, the United States further agree
to pay the sum of six thousand dollars, to be laid out and expended
under the direction of the President, and in such manner as he shall
approve.

Article 7. The President may hereafter, when in his opinion the Indians may be re¬
interests of the Territory shall require, and the welfare of said Indians nation.*0 other reser‘
be promoted, remove them from said reservation to such other suit¬
able place or places within said Territory as he may deem fit, on remu¬
nerating them for their improvements and the" expenses of their
removal; or may consolidate them with other friendly tribes or bands.

And he may further, at his discretion, cause the whole or any portion

of the lands hereby reserved, or of such other lands as may be selected

in lieu thereof, to be surveyed into lots, and assign the same to such

individuals or families as are willing to avail themselves of the privi- Lands may be sur-

lege, and will locate thereon as a permanent home, on the same terms veyed and assigned-

and subject to the same regulations as are provided in the sixth article

of the treaty with the Omahas, so far as the same may be applicable. Ante, p- 455.

Any substantial improvements heretofore made by any Indian, and
which he shall be compelled to abandon in consequence of this treaty,
shall be valued under the direction of the President, and payment
made therefor accordingly.

Article 8. The annuities of the aforesaid tribes and bands shall not takenfo^debtsVfim
be taken to pay the debts of individuals. dividuais.

Article 9. The said tribes and bands acknowledge their dependence . I^bes J.° Preserye
on the Government of the United States, and promise to be friendly a °ns'

with all citizens thereof; and they pledge themselves to commit no
depredations on the property of such citizens. And should any one or ti(^0spay for dePreda-
more of them violate this pledge, and the fact be satisfactorily proven
before the agent, the property taken shall be returned, or in default
thereof, or if injured or destroyed, compensation may be made by the
Government out of their annuities. Nor will they make war on any seif-deafenseWar
other tribe, except in self-defence, but will submit all matters of differ¬
ence between them and other Indians to the Government of the United
States, or its agent, for decision, and abide thereby. And if any of
the said Indians commit any depredations on any other Indians within
the Territory, the same rule shall prevail as that prescribed in this Tosurrenderoffend
article in cases of depredations against citizens. And the said tribes ers.°surren ero en '
agree not to shelter or conceal offenders against the United States, but
to deliver them up for trial by the authorities.

Article 10. The above tribes and bands are desirous to exclude ^^eid^rom^hose
from their reservation the use of ardent spirits, and to prevent their drinking ardent spir-
people from drinking the same, and therefore it is provided that any lts'

Indian belonging thereto who shall be guilty of bringing liquor into
said reservation, or who drinks liquor, may have his or her proportion

506

TREATY WITH THE WYANDOT, 1855.

of the annuities withheld from him or her for such time as the Presi¬
dent may determine.

united states to es- Article 11. The United States further agree to establish at the
general agency for the district of Puget’s Sound, within one year from
the ratification hereof, and to support for the period of twenty years,
an agricultural and industrial school, to be free to children of the said
tribes and bands in common with those of the other tribes of said dis-
Mechanics’ shop, trict, and to provide a smithy and carpenter’s shop, and furnish them
with the necessary tools, and employ a blacksmith, carpenter, and
farmer for the term of twenty years, to instruct the Indians in their
To employ a physi- respective occupations. And the United States further agree to employ
a physician to reside at the said central agency, who shall furnish med¬
icine and advice to the sick, and shall vaccinate them; the expenses of
the said school, shops, persons employed, and medical attendance to
be defrayed by the United States, and not deducted from the annuities.
Tribes to free slaves Article 12. The said tribes and bands agree to free all slaves now

others!0* *° acqmre held by them, and not to purchase or acquire others hereafter.

Not to trade out of Article 13. The said tribes and bands finally agree not to trade at
the united states. Vancouver’s Island, or elsewhere out of the dominions of the United
States, nor shall foreign Indians be permitted to reside in their reser¬
vations without consent of the superintendent or agent,
when treaty to take Article 14. This treaty shall be obligatory on the contracting par¬
ties as soon as the same shall be ratified by the President of the United
States.

TREATY WITH THE WYANDOT, 1855.

jan. 3i, 1855. Articles of agreement arid convention made and concluded at the city of
Proclaimed* Mar i Washington on the thirty -first day of January , one thousand eight
1855. ' ’ hundred aud fiifty-five , by George W. Many penny > as commissioner

Ratified Feb. 20, 1855. Qn ^ Qj> United States , and the following -named chiefs

and delegates of the Wyandott tribe of Indians , viz: Tan-roo-mee ,
Matthew Mudeator, John Hicks , Silas Armstrong , George J. Clark ,
and Joel Walker , they being thereto duly authorized by said tribe.

i I? Article 1. The Wyandott Indians having become sufficiently ad-
states. vanced m civilization, and being desirous of becoming citizens, it is

hereby agreed and stipulated, that their organization, and their rela-
' tions with the United States as an Indian tribe shall be dissolved and
terminated on the ratification of this agreement, except so far as
the further and temporary continuance of the same may be necessary
in the execution of some of the stipulations herein ; and from and after
the date of such ratification, the said Wyandott Indians, and each and
every of them, except as hereinafter provided, shall be deemed, and
are hereby declared, to be citizens of the United States, to all intents
and purposes; and shall be entitled to all the rights, privileges, and
immunities of such citizens; and shall in all respects be subject to the
laws of the United States, and of the Territory of Kansas in the same
manner as other citizens of said Territory; and the jurisdiction of the
United States and of said Territory, shall be extended over the Wyan¬
dott country in the same manner as over other parts of said Territory.

Exceptions. But such of the said Indians as may so desire and make application

accordingly, to the commissioners hereinafter provided for, shall be
exempt from the immediate operation of the preceding provisions,
extending citizenship to the Wyandott Indians, and shall have con¬
tinued to them the assistance and protection of the United States, and
an Indian agent in their vicinity, for such a limited period or periods of
time, according to the circumstances of the case, as shall be deter¬
mined by the Commissioner of Indian Affairs; and on the expiration
of such period or periods, the said exemption, protection, and assist-

TREATY WITH THE WYANDOT, 1855.

507

ance shall cease; and said persons shall then, also, become citizens of
the United States, with all the rights and privileges, and subject to the
obligations, above stated and defined.

Article 2. The Wyandott Nation hereby cede and relinquish to the Cession by Wyandot
United States, all their right, title, and interest in and to the tract of theDeUares.^ °f
country situate in the fork of the Missouri and Kansas Rivers, which
was purchased by them of the Delaware Indians, by an agreement
dated the fourteenth day of December, one thousand eight hundred 9 stat., 337.
and forty-three, and sanctioned by a joint resolution of Congress
approved July twenty-fifth, one thousand eight hundred and forty-
eight, the object of which cession is, that the said lands shall be sub¬
divided, assigned, and reconveyed, by patent, in fee-simple, in the
manner hereinafter provided for, to the individuals and members of lantrtition °th wid
the Wyandott Nation, in severalty; except as follows, viz: The portion andot.among e 5
now enclosed and used as a public burying-ground, shall be permanently
reserved and appropriated for that purpose; two acres, to include the
church-building of the Methodist Episcopal Church, and the present
burying-ground connected therewith, are hereby reserved, granted,
and conveyed to that church; and two acres, to include the church¬
building of the Methodist Episcopal Church South, are hereby re¬
served, granted, and conveyed to said church. Four acres, at and
adjoining the Wyandott ferry, across and near the mouth of the Kan¬
sas River, shall also be reserved, and, together with the rights of the
Wyandotts in said ferry shall be sold to the highest bidder, among the
Wyandott people, and the proceeds of sale paid over to the Wyandotts.

On the payment of purchase-money in full, a good and sufficient title
to be secured and conveyed to the purchaser, by patent from the United
States.

Article 3. As soon as practicable after the ratification of this agree- Same subject,
ment, the United States shall cause the lands ceded in the preceding
article to be surveyed into sections, half and quarter sections, to cor¬
respond with the public surveys in the Territory of Kansas; and three
commissioners shall be appointed — one by the United States, and two by
the Wyandott council — whose duty it shall be to cause any additional
surveys to be made that may be necessary, and to make a fair and just
division and distribution of the said lands among all the individuals
and members of the Wyandott tribe; so that those assigned to or for
each shall, as nearly as possible, be equal in quanthy, and also m value,
irrespective of the improvements thereon; and the division and assign¬
ment of the lands shall be so made as to include the houses, and, as far
as practicable, the other improvements, of each person or family; be
in as regular and compact a form as possible, and include those for
each separate family all altogether. The judgment and decision of said
commissioners, on all questions connected with the division and assign¬
ment of said lands, shall be final.

On the completion of the division and assignment of the lands as
aforesaid, said commissioners shall cause a plat and schedule to be
made, showing the lands assigned to each family or individual, and the
quantity thereof. They shall also make up carefully prepared lists of
all the individuals and members of the Wyandott tribe — those of each
separate family being arranged together— which lists shall exhibit,
separately, first, those families the heads of which the commissioners,
after due inquiry and consideration, shall be satisfied ,are sufficiently
intelligent, competent, and prudent to control and manage their affairs
and interests, and also all persons without families.

Second, those families the heads of which are not competent and
proper persons to be entrusted with their shares of the money, payable
under this agreement; and, third, those who are orphans, idiots, or
insane. Accurate copies of the lists of the second and third of the
above classes, shall be furnished by the commissioners to the Wyan¬
dott council; whereupon said council shall proceed to appoint or desig-

508

TREATY WITH THE WYANDOT, 1855.

nate the proper person or persons to be recognized as the representatives
of those of the second class, for the purpose of receiving and properly-
applying the sums of money due and payable to or for them,' as here¬
inafter provided, and also those who are to be entrusted with the
guardianship of the individuals of the third class, and the custody and
management of their rights and interests; the said acts or proceedings
of the council, duly authenticated, to be forwarded to the Commissioner
of Indian Affairs, and filed in his office; and the same shall be annually
revised by the said council, until the payment of the last instalment of
the moneys payable to the W yandotts, under this agreement, and such
change or changes made therein as may, from casualties or otherwise,
become necessary; such revisions and changes, duly authenticated, to
be communicated to, and subject to the approval of, the Commissioner
of Indian Affairs.

The said commissioners shall likewise prepare a list of all such per¬
sons and families among the Wyandott people as may apply to be
temporarily exempted from citizenship and for continued protection
and assistance from the United States and an Indian agent, as provided
for in the first article of this agreement. The agent through and by
whom such protection and assistance is to be furnished, shall be desig¬
nated by the Commissioner of Indian Affairs.

The aforesaid plat and schedule, and lists of persons, duly authenti¬
cated by the commissioners, shall be forwarded to the Commissioner
of Indian Affairs, and filed in his office, and copies of the said plat and
schedule, and of the list of persons temporarily exempted from citizen¬
ship and entitled to the continued protection and assistance of the
United States and an Indian agent, duly attested by the commissioners,
shall be filed by them in each of the offices of the secretarj^ of the
Territory of Kansas, and the clerk of the county in which the Wyandott
lands are situated.

Patents to issue. Article 4. On the receipt, by the Commissioner of Indian Affairs, of

the plat and schedule, lists of persons, and of the first proceedings of
the Wyandott council, mentioned in the next preceding article, pat¬
ents shall be issued by the General Land-Office of the United States,
under the advisement of the Commissioner of Indian Affairs, to the
individuals of the Wyandott tribe, for the lands severally assigned to
them, as provided for in the third article of this agreement, in the
following manner, to wit: To those reported by the commissioners to
be competent to be entrusted with the control and management of
their affairs and interests, the patents shall contain an absolute and
unconditional grant in fee-simple; and shall be delivered to them by
the Commissioner of Indian Affairs, as soon as they can be prepared
and recorded in the General Land-Office: but to those not so compe¬
tent, the patents shall contain an express condition, that the lands are
not to be sold or alienated for a period of five years; and not then,
without the express consent of the President of the United States first
being obtained; and the said patents may be withheld by the Com¬
missioner of Indian Affairs, so long as, in his judgment, their being so
withheld may be made to operate beneficially upon the character and
conduct of the individuals entitled to them.

None of the lands to be thus assigned and patented to the Wyandotts,
shall be subject to taxation for a period of five years from and after
the organization of a State government over the territory where they
reside; and those of the incompetent classes shall not be aliened or
released for a longer period than two years, and shall be exempt from
levy, sale, or forfeiture, until otherwise provided by State legislation,
with the assent of Congress.

improvenfents1 of ^ the Article 5. Disinterested persons, not to exceed three, shall be
Methodist Episcopal appointed by the Commissioner of Indian Affairs, to make a just and
dirt Episcopal Church fair appraisement of the parsonage houses, and other improvements
south. connected therewith, on the Wyandott lands, belonging to the Methodist

Episcopal Church, and the Methodist Episcopal Church South, the

TREATY WITH THE WYANDOT, 1855.

amounts of which appraisements shall be paid to the said churches,
respectively, by the individual or individuals of the Wyandott tribe,
to whom the lands on which said houses and improvements are, shall
have been assigned under the provisions of this agreement; said pay¬
ments to be made within a reasonable time, in one or more instal¬
ments, to be determined by said appraisers; and until made in full,
no patent or other evidence of title to the lands so assigned to said
individual or individuals, shall be issued or given to them.

Article 6. The Wyandott Nation hereby relinquish, and release the Release of claims
United States from all their rights and claims to annuity, school un ertreaties-
moneys, blacksmith establishments, assistance and materials, employ¬
ment of an agent for their benefit, or any other object or thing, of a
national character, and from all the stipulations and guarantees of
that character, provided for or contained in former treaties, as well as
from any and all other claims or demands whatsoever, as a nation,
arising under any treaty or transaction between them and the Gov¬
ernment of the United States; in consideration of which release and payment in lieu
relinquishment, the United States hereby agree to pa}7 to the Wyan- hereof,
dott Nation, the sum of three hundred and eighty thousand dollars, to
be equally distributed and paid to all the individuals and members of
the said nation, in three annual instalments, payable in the months of
October, commencing the present year; the shares of the families
whose heads the commissioners shall have decided not to be competent
or proper persons to receive the same, and those of orphans, idiots,
and insane persons, to be paid to and receipted for by the individuals
designated or appointed by the Wyandott council to act as their repre¬
sentatives and guardians.

Such part of the annuity, under the treaty of one thousand eight
hundred and forty-two, as shall have accrued, and may remain unpaid,
at the date of the payment of the first of the above-mentioned instal¬
ments, shall then be paid to the Wyandotts, and be in full, and a final
discharge of, said annuity.

Articre 7. The sum of one hundred thousand dollars, invested ^Additional pay-
under the treaty of one thousand eight hundred and fifty, together
with any accumulation of said principal sum, shall be paid over to the
Wyandotts, in like manner with the three hundred and eighty thou¬
sand dollars mentioned in the next preceding article; but in two equal
annual instalments, commencing one year after the payment of the
last instalment of said above-mentioned sum. In the mean time, the
interest on the said invested fund, and on any accumulation thereof,
together with the amount which shall be realized from the disposition
of the ferry and the land connected therewith, the sale of which is
provided for in the second article of this agreement, shall be paid over
to the Wyandott council, and applied and expended, by regular appro¬
priation of the legislative committee of the Wyandott Nation, for the
support of schools, and for other purposes of a strictly national or

PUArticle 8CtThe persons to be included in the apportionment of the laJSsme0nn^ed to

lands and money, to be divided and paid under the provisions of

this agreement, shall be such only as are actual members of the VV yan-

dott Nation, their heirs and legal representatives, at the date of the

ratification hereof, and as are entitled to share in the pioperty and

funds of said nation, according to the laws, usages, and customs

AetLe 9. It is stipulated and agreed, that each of the individuals, ^ran^andgfo,
to whom reservations were granted by the fourteenth article of the maw to locate else-
treaty of March seventeenth, one thousand eight hundred and forty-
two, or their heirs or legal representatives, shall be permitted to select
and locate said reservations, on any Government lands west of the states
of Missouri and Iowa, subject to pre-emption and settlement, said
reservations to be patented by the United States, m the names of the
reservees, as soon as practicable after the selections are made; and

510

Expenses; how to
he borne.

Jan. 31, 1855.

12 Stat.. p. 939.
Proclamation, Apr.
18, 1859.

Ratified Mar. 8, 1859.

Surrender of lands
to the United States.

Boundaries.

Reservation.

Boundaries.

TREATY W TH THE MAE AH, 1855.

the reservees, their heirs or proper representatives, shall have the
unrestricted right to sell and convey the same, whenever they may
think proper; hut, in cases where any of said reservees may not be
sufficiently prudent and competent to manage their affairs in a proper
manner, which shall be determined by the Wyandott council, or where
any of them have died, leaving minor heirs, the said council shall
appoint proper and discreet persons to act for such incompetent per¬
sons and minor heirs in the sale of the reservations, and the custody
and management of the proceeds thereof — the persons so appointed, to
have full authority to sell and dispose of the reservations in such
cases, and to make and execute a good and valid title thereto.

The selections of said reservations, upon being reported to the
surveyor-general of the district in which they are made, shall be
entered upon the township plats, and reported, without delay, to the
Commissioner of the General Land-Office, and patents issued to the
reservees, accordingly. And any selection of, settlement upon, or
claim to, land included in any of said reservations, made by any other
person or persons, after the same shall have been selected by the res¬
ervees, their heirs or legal representatives, shall be null and void.

Article 10. It is expressly understood, that all the expenses con¬
nected with the subdivision and assignment of the Wyandott lands, as
provided for in the third article hereof, or with any other measure or
proceeding, which shall be necessary to carry out the provisions of
this agreement, shall be borne and defined by the Wyandotts, except
those of the survey of the lands into sections, half and quarter sections,
the issue of the patents, and the employment of the commissioner to
be appointed by the United States; which shall be paid by the United
States.

Article 11. This instrument shall be obligatory on the contracting”
parties whenever the same shall be ratified by the President and the
Senate of the United States.

TREATY WITH THE MAKAH, 1855.

Articles of agreement and convention , made and concluded at Weak Hay,
in the Territory of Washington , this thirty-first day of January , in
the year eighteen hundred and fifty five, by Isaac I Stevens , governor
and superintendent of Indian affairs for the said Territory, on the
part of the United States, and the undersigned chiefs , head-men, and
delegates of the several villages of the Mahah tribe of Indians , viz:
Neah Waatch, Tsoo- Yess, and Osett , occupying the country around
Cape Classett or Flattery , on behalf of the said tribe and duly author¬
ized by the same .

Article 1. The said tribe hereby cedes, relinquishes,, and conveys
to the United States all their right, title, and interest in and to the
lands and country occupied by it, bounded and described as follows,
viz: Commencing at the mouth of the Oke-ho River, on the Straits
of Fuca; thence running westwardly with said straits to Cape Classett
or Flattery; thence southwardly along the coast to Osett, or the Lower
Cape Flattery; thence eastwardly along the line of lands occupied by
the Kwe-deh-tut or Kwill-eh-yute tribe of Indians, to the summit of
the coast-range of mountains, and thence northwardly along the line
of lands lately ceded to the United States by the S’Klallam tribe to the
place of beginning, including all the islands lying off the same on the
straits and coast.

Article 2. There is, however, reserved for the present use and
occupation of the said tribe the following tract of land, viz: Commenc¬
ing on the beach at the mouth of a small brook running into Neah Bay

TREATY WITH THE 1AKAH, 1855.

511

next to the site of the old Spanish fort; thence along the shore round
Cape Classett or Flattery, to the mouth of another small stream run-
ning into the bay on the south side of said cape, a little above the
\\ aatch village; thence following said brook to its source; thence in a
straight line to the source of the iirst-mentioned brook, and thence fol¬
lowing the same down to the place of beginning; which said tract shall
be set apart, and so far as necessary surveyed and marked out for their
exclusive use; nor shall any white man be permitted to reside upon the whites not to reside
same without permission of the said tribe and of the superintendent or thereon unless> etc-
agent; but if necessary for the public convenience, roads may be run Eoadsmayfce made-
through the said reservation, the Indians being compensated for any
damage thereby done them It is however, understood that should bands may UePi£&
the president of the U mted States hereafter see fit to place upon the hereon,
said reservation any other friendly tribe or band to occupy the same in
common with those above mentioned, he shall be at liberty to do so.

Article 3. The said tribe agrees to remove to and settle upon the reservation0 witwn°a
said reservation, if required so to do, within one year after the ratifi- year-
cation of this treaty, or sooner, if the means are furnished them. In
the mean time it shall be lawful foj them to reside upon any land not
in the actual claim and occupation of citizens of the United States,
and upon any land claimed or occupied, if with the permission of the
owner.

Article 4. The right of taking fish and of whaling or sealing at lefef^lcured bfin-
usual and accustomed grounds and stations is further secured to said dians-
Indians in common with all citizens of the United States, and of erect¬
ing temporary houses for the purpose of curing, together with, the
privilege of hunting and gathering roots and berries on open and
unclaimed lands: Provided , however , That they shall not take shell-fish Proviso-
from any beds staked or cultivated by citizens.

Article 5. In consideration of the above cession the United States understates by the
agree to pay to the said tribe the sum of thirty thousand dollars, in the
following manner, that is to say : During the first year after the ratifi¬
cation hereof, three thousand dollars; for the next two years, twenty-
five hundred dollars each year; for the next three years, two thousand
dollars each year; for the next four years, one thousand five hundred
dollars each year; and for the next ten years, one thousand dollars
each year; all which said sums of money shall be applied to the use Row to be applied,
and benefit of the said Indians, under the direction of the President of
the United States, who may from time to time determine at his dis¬
cretion upon what beneficial objects to expend the same. And the
superintendent of Indian affairs, or other proper officer, shall each
year inform the President of the wishes of said Indians in respect
thereto.

Article 6. To enable the said Indians to remove to and settle upon removai^Srciear-
their aforesaid reservation, and to clear, fence, and break up a suffi- ing and fencing land,
cient quantity of land for cultivation, the United States further agree e e'
to pay the sum of three thousand dollars, to be laid out and expended
under the direction of the President, and in such manner as he shall
approve. And any substantial improvements heretofore made by any
individual Indian, and which he may be compelled to abandon in con¬
sequence of this treaty, shall be valued under the direction of the Pres¬
ident and payment made therefor accordingly.

Article 7. The President may hereafter, when in his opinion the Indians may be re¬
interests of the Territory shall require, and the welfare of said Indians ovation.10111 * e res"
be promoted thereby, remove them from said reservation to such suit- ,

able place or places within said Territory as he may deem fit, on
remunerating them for their improvements and the expenses of their
removal, or may consolidate them with other friendly tribes or bands;
and he may further, at his discretion, cause the whole, or any portion Tribes may be con-
of the lands hereby reserved, or such other land as may be selected in 80 1 ate
lieu thereof, to be surveyed into lots, and assign the same to such indi-

512

TREATY WITH THE MAKAH, 1855.

Ante, p. 455.

Annuities of tribe
not to pay individual
debts.

Indians to preserve
friendly relations.

To pay for depreda¬
tions.

Not to make war,
except.

To surrender of¬
fenders.

Annuities to b e
withheld from those
drinking ardent spir¬
its.

United States to es¬
tablish an agricultur¬
al, etc., school for the
Indians; to provide
tools and employ me¬
chanics, etc.

A physician, etc.

The tribe is to free
all slaves and not to
acquire others.

Not to trade out of
the United States.

Foreign Indians not
to reside on the reser¬
vation.

When treaty to take
effect.

viduals or families as are willing to avail themselves of the privilege,
and will locate thereon as a permanent home, on the same terms and
subject to the same regulations as are provided in the sixth article of
the treaty with the Omahas, so far as the same may be practicable.

Article 8. The annuities of the aforesaid tribe shall not be taken
to pay the debts of individuals.

Article 9. The said Indians acknowledge Their dependence on the
Government of the United States, and promise to be friendly with all
citizens thereof, and they pledge themselves to commit no depredations
on the property of such citizens. And should any one or more of them
violate this pledge, and the fact be satisfactorily proven before the
agent, the property taken shall be returned, or in default thereof, or
if injured or destroyed, compensation may be made by the Govern¬
ment out of their annuities. Nor will they make war on any other tribe
except in self-defence, but will submit all matters of difference between
them and other Indians to the Government of the United States or its
agent for decision and abide thereby. And if any of the said Indians
commit any depredations on any other Indians within the Territory,
the same rule shall prevail as that prescribed in this article in case of
depredations against citizens. And the said tribe agrees not to shel¬
ter or conceal offenders against the United States, but to deliver up
the same for trial by the authorities.

Article 10. The above tribe is desirous to exclude from its reserva¬
tion the use of ardent spirits, and to prevent its people from drinking
the same, and therefore it is provided that any Indian belonging thereto
who- shall be guilty of bringing liquor into said reservation, or who
drinks liquor, may have his or her proportion of the annuities withheld
from him or her for such time as the President may determine.

Article 11. The United States further agree to establish at the
general agency for the district of Puget’s Sound, within one year from
the ratification hereof, and to support for the period of twenty years,
an agricultural and industrial school, to be free to children of the said
tribe in common with those of the other tribes of said district and to
provide a smithy and carpenter’s shop, and furnish them with the neces¬
sary tools and employ a blacksmith, carpenter and farmer for the like
term to instruct the Indians in their respective occupations. Provided ,
however , That should it be deemed expedient a separate school may be
established for the benefit of said tribe and such others as may be asso¬
ciated with it, and the like persons employed for the same purposes at
some other suitable place. And the United States further agree to
employ a pfwsician to reside at the said central agency, .or at such other
school should one be established, who shall furnish medicine and advice
to the sick, and shall vaccinate them; the expenses of the said school,
shops, persons employed, and medical attendance to be defrayed by the
United States and not deducted from the annuities.

Article 12. The said tribe agrees to free all slaves now held by its
people, and not to purchase or acquire others hereafter.

Article 13. The said tribe finally agrees not to trade at Vancouver’s
Island or elsewhere out of the dominions of the United States, nor shall
foreign Indians be permitted to reside in its reservation without con¬
sent of the superintendent or agent.

Article 14. This treaty shall be obligatory on the contracting par¬
ties as soon as the same shall be ratified by the President of the United
States.

TREATY WITH THE CHIPPEWA, 1855.

513

TREATY WITH THE CHIPPEWA, 1855.

Articles of agreement and convention made and concluded at the city Feb. 22, lass.
of Washington , this twenty-second day of February , one thousand lostat., ii65.
eight hundred and fifty-five , by George W. Many penny, comm, is- i855roclaimed Apr' 7’
sioner , on the part of the United States , and the following -named Ratified Mar. 3, 1855.
chiefs and delegates , representing the Mississippi bands of Chippewa
Indians, viz: Pug-o-na-ke-shick, or Hole-in-the-day ; Que-we-sa/ns-ish ,
or Bad Boy’, Wand-e-kaw, or Little Hill ; I-a.we-showe-we-ke-shig ,
or Crossing Sky; Petud-dunce , or Ratfs Liver; Mun-o-min-e-kay-
shein, or Rice-Maker ; Mah-yah-ge-way-we-durg, or the Chorister;

Kay-gwa-daush , or the Attempter ; Caw-caug-e-we-goon , or Crow
Feather; and Show-baush-king , or He that passes under Everything ,
and the following -named chiefs and delegates representing the Pil¬
lager and Lake Winnibigoshish bands of Chippewa Indians , viz:
Aish-ke-bug-e-koshe , or Flat Mouth; Be-sheck-kee , or Buffalo; Nay-
bun-a-caush , or Young Man's Son; Maug-e-gaw-bow , or Stepping
Ahead; . Mi-gi-si, or Eagle, and Kaw-be-mub-bee, or North Star,
they being thereto duly authorized by the said bands of Indians
respectively.

Article 1. The Mississippi, Pillager, and Lake Winnibigoshish ^cession to the unit-
bands of Chippewa Indians hereby cede, sell, and convey to the United e a es'

States all their right, title, and interest in, and to, the lands now owned
and claimed by them, in the Territory of Minnesota, and included within
the following boundaries, viz: Beginning at a point where the east
branch of Snake River crosses the southern boundary-line of the Chip¬
pewa country, east of the Mississippi River, as established by the treaty
of July twenty-ninth, one thousand eight hundred and thirty-seven,
running thence, up the said branch, to its source; thence, nearly north
in a straight line, to the mouth of East Savannah River; thence, up the
St. Louis River, to the mouth of East Swan River; thence, up said
river, to its source; thence, in a straight line, to the most westwardly
bend of Vermillion River; thence, northwestwardly, in a straight line,
to the first and most considerable bend in the Big Fork River; thence,
down said river, to its mouth; thence, down Rainy Lake River, to the
mouth of Black River; thence, up that river, to its source; thence, in
a straight line, to the northern extremity of Turtle Lake; thence, in a
straight line, to the mouth of Wild Rice River; thence, up Red River
of the North, to the mouth of Buffalo River; thence, in a straight line,
to the southwestern extremity of Otter-Tail Lake; thence, through
said lake, to the source of Leaf River; thence down said river, to its
junction with Crow Wing River; thence down Crow Wing River, to
its junction with the Mississippi River; thence to the commencement
on said river of the southern boundary-line of the Chippewa country,
as established by the treaty of July twenty-ninth, one thousand eight
hundred and thirty-seven; and thence, along said line, to the place of
beginning. And the said Indians do further fully and entirely relin¬
quish and convey to the United States, any and all right, title, and
interest, of whatsoever nature the same may be, which the}^ may now
have in, and to any other lands in the Territory of Minnesota or else¬
where.

Article 2. There shall be, and hereby is, reserved and set apart, a Reservations for
sufficient quantity of land for the permanent homes of the said Indians; p
the lands so reserved and set apart, to be in separate tracts, as fol¬
lows, viz:

For the Mississippi bands of Chippewa Indians: The first to embrace Mississippi

the following fractional townships, viz: forty-two north, of range
twenty -five west; forty -two north, of range twenty-six west; and
forty-two and forty-three north, of range twenty-seven west; and,

S. Doc. 452—33

514

TREATY WITH THE CHIPPEWA, 1855.

also, the three islands in the southern part of Mille Lac. Second,
beginning' at a point half a mile east of Rabbit Lake; thence south
three miles; thence westwardly, in a straight line, to a point three
miles south of the mouth of Rabbit River; thence north to the mouth
of said river; thence up the Mississippi River to a point directly north
of the place of beginning; thence south to the place of beginning.
Third, beginning at a point half a mile southwest from the most south-
westwardly point of Gull Lake; thence due south to Crow Wing
River; thence down said river, to the Mississippi River; thence up said
river to Long Lake Portage; thence, in a straight line, to the head of
Gull Lake; thence in a south westwardly direction, as nearty in a
direct line as practicable, but at no point thereof , at a less distance than
half a mile from said lake, to the place of beginning. Fourth, the
boundaries to be, as nearly as practicable, at right angles, and so as to
embrace within them Pokagomon Lake; but nowhere to approach
nearer said lake than half a mile therefrom. Fifth, beginning at the
mouth of Sandy Lake River; thence south, to a point on an east and
west line, two miles south of the most southern point of Sandy Lake;
thence east, to a point due south from the mouth of West Savannah
River; thence north, to the mouth of said river; thence north to a
point on an east and west line, one mile north of the most northern
point of Sandy Lake; thence west, to Little Rice River; thence down
said river to Sandy Lake River; and thence down said river to the
place of beginning. Sixth, to include all the islands in Rice Lake,
and also half a section of land on said lake, to include the present
gardens of the Indians. Seventh, one section of land for Pug-o-na-
ke-shick, or Hole-in-the-day, to include his house and farm; and for
which he shall receive a patent in fee-simple.
t ^r°r w?Pi-Tvgerh-nh For the Pillager and Lake Winnibigoshish bands, to be in three
bands. mm lgos 1S tracts, to be located and bounded as follows, viz; First, beginning at
mouth of Little Boy River; thence up said river to Lake Hassler;
thence through the center of said lake to its western extremity; thence
in a direct line to the most southern point of Leech Lake; and thence
through said lake, so as to include all the islands therein, to the place
of beginning. Second, beginning at the point where the Mississippi
River leaves Lake Winnibigoshish; thence north, to the head of the
first river; thence west, by the head of the next river, to the head of
the third river, emptying into said lake; thence down the latter to
said lake; and thence in a direct line to the place of beginning. Third,
beginning at the mouth of Turtle River; thence up said river to the
first lake; thence east, four miles; thence southwardly, in a line par¬
allel with Turtle River, to Cass Lake; and thence, so as to include all
the islands in said lake, to the place of beginning; all of which said
tracts shall be distinctly designated on the plats of the public surveys.

Reservations may And at such time or times as the President may deem it advisable
iotted.rveyed an a : for the interests and welfare of said Indians, or any of them, he shall
cause the said reservation, or such portion or portions thereof as may
be necessary, to be surveyed; and assign to each head of a family, or
single person over twenty -one years of age, a reasonable quantity of
land, in one body, not to exceed eighty acres in any case, for his or
their separate use; and he may, at his discretion, as the occupants
thereof become capable of managing their business and affairs, issue
patents to them for the tracts so assigned to them, respectively; said
tracts to be exempt from taxation, levy, sale, or forfeiture; and
not to be aliened or leased for a longer period than two years, at one
time, until otherwise provided by the legislature of the State in which
they may be situate, with the assent of Congress. They shall not be
sold, or alienated, in fee, for a period of five years after the date of
the patents; and not then without the assent of the President of the
United States being first obtained. Prior to the issue of the patents,
the President shall make such rules and regulations as he may deem

TREATY WITH THE CHIPPEWA, 1855.

515

necessary and expedient, respecting the disposition of any of said tracts
in case of the death of the person or persons to whom they may be
assigned, so that the same shall be secured to the families of such
deceased person; and should any of the Indians to whom tracts may
be assigned thereafter abandon them, the President may make such
rules and regulations, in relation to such abandoned tracts, as in his
judgment may be necessary and proper.

Article 3. In consideration of, and in full compensation for, the Payment to the Mis-
cessions made by the said Mississippi, Pillager, and Lake Winnibigo- lbOTepieesslons.for the
shish bands of Chippewa Indians, in the first article of this agreement,
the United States hereby agree and stipulate to pay, expend, and make
provision for, the said bands of Indians, as follows, viz: For the Mis¬
sissippi bands:

Ten thousand dollars ($10,000) in goods, and other useful articles, as
soon as practicable after the ratification of this instrument, and after
an appropriation shall be made by Congress therefor, to be turned over
to the delegates and chiefs for distribution among their people.

Fifty thousand dollars ($50,000) to enable them to adjust and settle
their present engagements, so far as the same, on an examination thereof,
may be found and decided to be valid and just by the chiefs, subject to
the approval of the Secretary of the Interior; and any balance remain¬
ing or said sum not required for the above-mentioned purpose shall be
paid over to said Indians in the same manner as their annuity money,
and in such instalments as the said Secretary may determine; Provided ,

That an amount not exceeding ten thousand dollars ($10,000) of the
above sum shall be paid to such full and mixed bloods as the chiefs may
direct, for services rendered heretofore to their bands.

Twenty thousand dollars ($20,000) per annum, in money, for twenty
years, provided, that two thousand dollars ($2,000) per annum of that
sum, shall be paid or expended, as the chiefs may request, for purposes
of utility connected with the improvement and welfare of said Indians,
subject to the approval of the Secretary of the Interior.

Five thousand dollars ($5,000) for the construction of a road from
the mouth of Rum River to Mille Lac, to be expended under the direc¬
tion of the Commissioner of Indian Affairs.

A reasonable quantity of land, to be determined by the Commissioner
of Indian Affairs, to be ploughed and prepared for cultivation in suit¬
able fields, at each of the reservations of the said bands, not exceeding,
in the aggregate, three hundred acres for all the reservations, the Indians
to make the rails and inclose the fields themselves.

For the Pillager and Lake Winnibigoshish bands: la^andLak^vvTn-

Ten thousand dollars ($10,000) in goods, and other useful articles, as nibigoshish bands for
soon as practicable, after the ratification of this agreement, and an said cessions,
appropriation shall be made by Congress therefor; to be turned over
to the chiefs and delegates for distribution among their people.

Forty thousand dollars ($40,000) to enable them to adjust and settle
their present engagements, so far as the same, on an examination
thereof, may be found and decided to be valid and just by the chiefs,
subject to the approval of the Secretary of the Interior; and any bal¬
ance remaining of said sum, not required for that purpose, shall be
paid over to said Indians, in the same manner as their annuity money,
and in such instalments as the said Secretary may determine; pro¬
vided that an amount, not exceeding ten. thousand dollars ($10,000) of
the above sum, shall be paid to such mixed-bloods as the chiefs may
direct, for services heretofore rendered to their bands.

Ten thousand six hundred and sixty-six dollars and sixty-six cents
($10,666.66) per annum, in money, for thirty years.

Eight thousand dollars ($8,000) per annum, for thirty years, in such
goods as may be requested by the chiefs, and. as may be suitable for
the Indians, according to their condition and circumstances.

516

TREATY WITH THE CHIPPEWA, 1855.

Four thousand dollars ($4,000) per annum, for thirty years, to be
paid or expended, as the chiefs may request, for purposes of utility
connected with the improvement and welfare of said Indians; subject
to the approval of the Secretary of the Interior: Provided , That an
amount not exceeding two thousand dollars thereof, shall, for a limited
number of years, be expended under the direction of the Commissioner
of Indian Affairs, for provisions, seeds, and such other articles or
things as may be useful in agricultural pursuits.

Such sum as can be usefully and beneficially applied by the United
States, annually, for twenty years, and not to exceed three thousand
dollars, in any one year, for purposes of education; to be expended
under the direction of the Secretary of the Interior.

Three hundred dollars’ ($300) worth of powder, per annum, for five
years.

One hundred dollars’ ($100) worth shot and lead, per annum, for
five years.

One hundred dollars’ ($100) worth of gilling twine, per annum, for
five years.

One hundred dollars’ ($100) worth of tobacco, per annum, for five
years.

Hire of three laborers at Leech Lake, of two at Lake Winnibigo-
shish, and of one at Cass Lake, for five years.

Expense of two blacksmiths, with the necessary shop, iron, steel,
and tools, for fifteen years.

Two hundred dollars ($200) in grubbing-hoes and tools, the present
year.

Fifteen thousand dollars ($15,000) for opening a road from Crow
Wing to Leech Lake; to be expended under the direction of the Com¬
missioner of Indian Affairs.

To have ploughed and prepared for cultivation, two hundred acres
of land, in ten or more lots, within the reservation at Leech Lake;
fifty acres, in four or more lots, within the reservation at Lake W in-
nibigoshish; and twenty-five acres, in two or more lots within the
reservation at Cass Lake: Provided , That the Indians shall make the
rails and inclose the lots themselves.

A saw-mill, with a portable grist-mill attached thereto, to be estab¬
lished whenever the same shall be deemed necessary and advisable by
the Commissioner of Indian Affairs, at such point as he shall think
best; and which, together with the expense of a proper person to take
charge of and operate them, shall be continued during ten years: Pro¬
vided , That the cost of all the requisite repairs of the said mills shall
be paid by the Indians, out of their own funds.

MLv4meinbands Sf- Article 4. The Mississippi bands have expressed a desire to be
derS1Sfomer Beatles permitted to employ their own farmers, mechanics, and teachers; and
may be made m cash. ^ jg therefore agreed that the amounts to which they are now entitled,
under former treaties, for purposes of education, for blacksmiths
and assistants, shops, tools, iron and steel, and for the employment
of farmers and carpenters, shall be paid over to them as their annui¬
ties are paid: Provided , however, That whenever, in the opinion of the
Commissioner of Indian Affairs, they fail to make proper provision
for the above-named purposes, he may retain said amounts, and appro¬
priate them according to his discretion, for their education and im¬
provement.

«h»nahpl,eairtn" Article 5. The foregoing annuities, in money and goods, shall be
n paid and distributed as follows: Those due the Mississippi bands, at

one of their reservations; and those due the Pillager and Lake Winni-
bigoshish bands, at Leech Lake; and no part of the said annuities shall
ever be taken or applied, in any manner, to or for the payment of the
debts or obligations of Indians contracted in their private dealings, as

TREATY WITH THE CHIPPEWA, 1855.

517

individuals, whether to traders or other persons. And should any of
said Indians become intemperate or abandoned, and waste their prop¬
erty, the President may withhold any moneys or goods, due and pay¬
able to such, and cause the same to be expended, applied, or distributed,
so as to insure the benefit thereof to their families. If, at any time,
before the said annuities in money and goods of either of the Indian
parties to this convention shall expire, the interests and welfare of said
Indians shall, in the opinion of the President, require a different ar¬
rangement, he shall have the power to cause the said annuities, instead
of being paid over and distributed to the Indians, to be expended or
applied to such purposes or objects as may be best calculated to pro¬
mote their improvement and civilization.

Article 6. The missionaries and such other persons as are now, by . Preemption rights
authority of law, residing in the country ceded by the first article of 111 sai cession'
this agreement, shall each have the privilege of entering one hundred
and sixty acres of the said ceded lands, at one dollar and twenty-five
cents per acre; said entries not to be made so as to interfere, in any
manner, with the laying off of the several reservations herein pro¬
vided for.

And such of the mixed bloods as are heads of families, and now Grants of land to
have actual residences and improvements in the ceded country, shall mixedbloods-
have granted to them, in fee, eighty acres of land, to include their
respective improvements.

Article 1. The laws which have been or may be enacted by Con- Laws extended to
gress, regulating trade and intercourse with the Indian tribes, to con- said reservatlons-
tinue and be in force within the several reservations provided for
herein ; and those portions of said laws which prohibit the introduc¬
tion, manufacture, use of, and traffic in, ardent spirits, wines, or other
liquors, in the Indian country, shall continue and be in force, within the
entire boundaries of the country herein ceded to the United States,
until otherwise provided by Congress.

Article 8. All roads and highways, authorized by law, the lines of stmcted.may be con"
which shall be laid through any of the reservations provided for in
this convention, shall have the right of way through the same; the
fair and just value of such right being paid to the Indians therefor; to
be assessed and determined according to the laws in force for the
appropriation of lands for such purposes.

Article 9. The said bands of Indians, jointly and severally, obli- Conductatof nthe si n°
gate and bind themselves not to commit any depredations or wrong dians.
upon other Indians, or upon citizens of the United States; to conduct
themselves at all times in a peaceable and orderly manner; to submit
all difficulties between them and other Indians to the President, and to
abide by his decision in regard to the same, and to respect and observe
the laws of the United States, so far as the same are to them applica¬
ble. And they also stipulate that they will settle down in the peaceful
pursuits of life, commence the cultivation of the soil, and appropriate
their means to the erection of houses, opening farms, the education of
their children, and such other objects of improvement and convenience,
as are incident to well-regulated society; and that they will abstain
from the use of intoxicating drinks and other vices to which they
have been addicted. .

Article 10. This instrument shall be obligatory on the contracting
parties as soon as the same shall be ratified by the President and the
Senate of the United States.

518

TREATY WITH THE WINNEBAGO, 1855.

10 Stat., p. 1172.
Proclaimed Mar. 23,
1855.

Ratified Mar. 3, 1855.

TREATY WITH THE WINNEBAGO, 1855.

Articles of agreement and convention , made and concluded at Wash¬
ington City on the twenty -seventh day of February, eighteen hundred
and fifty-jive, between George W. Many penny, commissioner on the
part of the United States, and the following -named chiefs and dele¬
gates representing the Winnebago tribe of Indians, viz: Waw-kon -
chaw-koo-ka/w, The Coming Thunder, or Kinnoshik ; Sho-go-nik-kaw,
or Little Hill; Maw-he-coo-shah-naw-zhe-kaw, One that Stands and
Reaches the Skies, or Little Decorie; Waw-kon-chaio-hoo-no-kaw , or
Little Thunder ; Hoonk-hoo-no-kaw , Little Chief, or Little Priest;
Honch-hutta-kaw, err Big Bear; Wach-ha-ta-kaw, or Big Canoe;
Ha-zum-kee-kaw, or One Horn; Ha-zee-kmv, or Yellow Bank; and
Baptiste Lassallier, they being thereto duly authorized by said tribe:

states ot ttie land Artiole 1. The Winnebago Indians hereby cede, sell, and convey
granted pursuant nto to the United States all their right, title, and interest in, and to, the
treaty of Oct. 13, 1846. ^ract Gf ]and granted to them pursuant to the third article of the treaty
concluded with said tribe, at Washington City, on the thirteenth day of
October, one thousand eight hundred and forty-six, lying north of St.
Peter’s River and west of the Mississippi River, in the Territory of
Minnesota, and estimated to contain about eight hundred and ninety-
seven thousand and nine hundred (897,900) acres; the boundary -lines
of which are thus described, in the second article of the treaty concluded
between the United States and the Chippewa Indians of the I "

and Lake Superior, on the second da}^ of August, one thousand eight
certain arts of hundred and forty seven, viz: 4 ‘Beginning at the junction of the Crow
said ce.iionPtobeS sow Wing and Mississippi Rivers; thence, up the Crow Wring River, to the
tribebenefit °f said junction of that river with the Long Prairie River; thence, up the Long
Prairie River, to the boundary line between the Sioux and Chippewa
Indians; thence, southerly, along the said boundary -line, to a lake at
the head of Long Prairie River; thence, in a direct line, to the sources
of the Watab River; thence, down the Watabto the Mississippi River;
thence, up the Mississippi, to the place of beginning:” Provided, how¬
ever, That the portions of said tract embracing the improved lands of
the Indians, the grist and saw mill, and all other improvements made
for or by them, shall be specially reserved from pre-emption, sale, or
settlement until the said mills and improvements, including the improve-
? ments to the land, shall have been appraised and sold, at public sale, to

the highest bidder, for the benefit of the Indians, but no sale thereof
shall be made for less than the appraised value. And the President
may prescribe such rules and regulations in relation to said sale as he
may deem proper; and the person or personspurchasing said mills and
improvements, shall have the right, when the land is surveyed, to enter
the legal subdivisions thereof, including the improvements purchased
by them, at one dollar and twenty-five cents per acre.

Payment for the Article 2. In consideration of the cessions aforesaid, and in full
compensation therefor, the United States agree to pay to the said
Indians, the sum of seventy thousand dollars, ($70,000,) and to grant
Provision for per- them, as a permanent home, a tract of land equal to eighteen miles
square, on the Blue Earth River, in the Territory of Minnesota, which
shall be selected and located by the agent of the Government and a
delegation of the Winnebagoes, immediately after the ratification of
this instrument, and after the necessary appropriations to carry it into
effect shall have been made; and a report of such selection and location,
shall be made in writing, to the superintendent of Indian affairs for the
Territory of Minnesota, who shall attach his official signature to the
same, and forward it to the Commissioner of Indian Affairs; and the
country thus selected shall be the permanent home of the said Indians;
Provided, Said tract shall not approach nearer the Minnesota River
than the mouth of the La Serrer fork of the Blue Earth River.

TREATY WITH THE WINNER AGO, 1855.

519

Article 3. It is agreed, that the moneys received from the sale of roC0eId^ao“l?eSshai1
the Indian improvements, as provided for in the first article, and the be°expendeda e s a
sum stipulated to be paid by the second article of this instrument,
shall be expended under the direction of the President, in removing
the Indians to their new homes, including those who are now severed
from the main body of the tribe, living in Kansas Territory, Wiscon¬
sin, or elsewhere; in subsisting them a reasonable time after their
removal; in making improvements, such as breaking and fencing land,
and building houses; in purchasing stock, agricultural implements
and household furniture, and for such other objects as ma}^ tend to
promote their prosperity and advancement in civilization. And the
said Winnebago Indians agree to remove to their new homes immedi¬

ately after the selection of the tract hereinbefore provided for, is made.

Article 4. In order to encourage the Winnebago Indians to engage mfntTof thedperma-
in agriculture, and such other pursuits as will conduce to their well- nent home,
being and improvement, it is agreed: that, at such time or times as the
President may deem advisable, the land herein provided to be selected
as their future home, or such portions thereof as may be necessary,
shall be surveyed; and the President shall, from time to time, as the
Indians may desire it, assign to each head of a family, or single per¬
sons over twenty-one years of age, a reasonable quantity of land, in
one body, not to exceed eighty acres in any case, for their separate
use; and he may, at his discretion, as the occupants thereof become
capable of managing their, business and affairs, issue patents to them
for the tract so assigned to them, respectively; said tracts to be exempt
from taxation, levy, sale, or forfeiture, until otherwise provided by
the legislature of the State in which they may be situated, with the
assent of Congress; nor shall they be sold or alienated, in fee, within
fifteen years after the date of the patents, and not then, without the
assent of the President of the United States being first obtained.

Prior to the patents being issued, the President shall make such rules
and regulations as he may deem necessary and expedient, respecting
the disposition of any of said tracts, in (case of the death of the person
or persons to whom they may be assigned, so that the same shall be
secured to the families of such deceased persons; and should any of
the Indians to whom tracts may be assigned, thereafter abandon them,
the President may take such action in relation to such abandoned
tracts, as in his judgment may be necessary and proper.

Article 5. All unexpended balances now in the hands of the agent fo^“et^sati"n^
of the tribe, arising under former treaties, for schools, pay of inter- to be made,
preter therefor, support of blacksmiths and assistants; and also of the
sum of ten thousand dollars set apart by the treaty of October thir¬
teenth eighteen hundred and forty-six, for manual-labor schools, shall
be expended and applied, in the opening of farms, building and fur¬
nishing* of houses, and the purchase of stock for said Indians. And
the stipulations in former treaties providing for the application or
expenditure of particular sums of money for specific purposes, are
hereby so far modified and changed, as to confer upon the President
the power, in his discretion, to cause such sums of money, in whole or
in part, to be expended for, or applied to such other objects and pur¬
poses and in such manner as he shall deem best calculated to pi omote
the welfare and improvement of said Indians. . , , w.

ArTIcle 6. No part of the moneys stipulated to be paid to the Win- ^be

nebago Indians by these articles of agreement and convention, nor any
of the future instalments due and payable under former treaties
between them and the United States, shall ever be taken, by direction
of the chiefs, to pay the debts of individual Indians, contracted in their
private dealings, known as national or tribal debts. . . .

Article 7. The missionaries, or other persons who are, by authority
of law now residing on the lands ceded by the first article of this agree¬
ment, shall each have the privilege of entering one hundred and sixty

520

TREATY WITH THE WINNEBAGO, 1855.

acres of the said ceded lands, to include any^ improvements they may
iSed-biood^ndiam6 ^a.ve5 at one dollar and twenty -five cents per acre: and such of the
' mixed-bloods, as are heads of families, and now have actual residences
and improvements of their own, in the ceded country, shall each have
granted to them, in fee, eighty acres of land, to include their improve¬
ments: Provided , however, That said entries and grants shall in no case
be. upon, or in any manner interfere with, any or the lands improved
by the Government, or by or for the Indians, or on which the agency
building, saw and grist mill, or other public or Indian improvements
. have been erected or made.

saidahomeXtended to Article 8. The laws which have been or may be enacted by Congress,
regulating trade and intercourse with the Indian tribes, shall continue
and be in force within the country herein provided to be selected as the
future permanent home of the Winnebago Indians; and those portions
of said, laws which prohibit the introduction, manufacture, use of, and
traffic in, ardent spirits in the Indian country, shall continue and be in
force within the country herein ceded to the United States, until other¬
wise provided by Congress.

stracted.may be con' Article 9. All roads and highways authorized by law, the lines of
which may be required to be laid through any part of the country
herein provided as the future permanent home of the Winnebago
Indians, shall have right of way through the same; a fair and just value
of such right being paid to the Indians, in money, to be assessed and
determined according to the laws in force for the appropriation of land
for such purposes.

auS°ofSsaid ar!beCon" Article 10. The said tribe of Indians, jointly and severally, obli¬
gate and bind themselves, not to commit any depredation or wrong
upon other Indians, or upon citizens of the United States; to conduct
themselves at all times in a peaceable and orderly manner; to submit
all difficulties between them and other Indians to the President, and to
abide by his decision; to respect and observe the laws of the United
States, so far as the same are to them applicable; to settle down in the
peaceful pursuits of life; to commence the cultivation of the soil; to
educate their children, and to abstain from the use of intoxicating
drinks and other vices to which many of them have been addicted.
wShhTiTf ro Afhe m® An^ President may withhold from such of the Winnebagoes as

behaved. abandon their homes, and refuse to labor, and from the idle, intemper¬

ate, and vicious, the benefits they may be entitled to under these arti¬
cles of agreement and convention, or under articles of former treaties,
until they give evidences of amendment and become settled, and con¬
form to, and comply, with the stipulations herein provided; or, should
they be heads of families, the same may be appropriated, under the
direction of the President, to the use and enjoyment of their families.
lie™8/1 mtu£atifiS . Article n- These articles of agreement and convention, shall be in
one. lieu of the “‘Articles of a convention made and concluded between Wil¬

lis A. Gorman and Johnathan E. Fletcher, on the part of the United
States, and the chiefs and head-men of the Winnebago tribe of Indi¬
ans, on the 6th day of August, A. D. 1853,” and the amendments of
the Senate thereto, as expressed in its resolution of July twenty -first,
eighteen hundred and fifty -four; to which amendments the said Win¬
nebago Indians refused to give their assent, which refusal was com¬
municated to the Commissioner of Indian Affairs, by the governor of
Minnesota Territory, on the twenty-fourth of January, eighteen hun¬
dred and fifty-five.

toEwaSehtaitofnatoVibe . ARTIvf ^ ^.e United States will pay. the necessary expenses
paid. incurred by the W mnebago delegates m making their present visit to

Washington, while here, and in returning to their homes.

Article 13. This instrument shall be obligatory on the contracting
parties as soon as the same shall be ratified by the President and the
Senate of the United States.

TREATY WITH THE WALLA WALLA, CAYUSE, ETC., 1855.

521

TREATY WITH THE WALLAWALLA, CAYUSE, ETC., 1855.

Articles of agreement and convention made and concluded at the treaty-
ground, Camp Stevens , in the Walla- Walla Valley , this ninth day
of June , in the year one thousand eight hundred and fifty-five, by and
between Isaac I. Stevens , governor and superintendent of Indian
affairs for the Territory of Washington , and Joel Palmer , superin¬
tendent of Indian affairs for Oregon Territory , on the part of the
United States , and the undersigned chiefs , head-men , and delegates
of the Walla- Wallas , Cayuses , and Umatilla tribes , and bands of
Indians , occupying lands partly in Washington and partly in Ore¬
gon Territories , and who , for the purposes of this treaty , are 5e
regarded as one nation acting for and in behalf of their respective
bands and tribes , they being duly authorized thereto / it being under¬
stood that Superintendent I. I. Stevens assumes to treat with that
portion of the above-named bands and tribes residing within the Ter¬
ritory of Washington , and Superintendent Palmer with those residing
within Oregon.

Article 1. The above-named confederated bands of Indians cede to
the United States all their right, title, and claim to all and every part
of the country claimed by them included in the following boundaries,
to wit: Commencing at the mouth of the Tocannon River, in Washing¬
ton Territory, running thence up said river to its source; thence east¬
erly along the summit of the Blue Mountains, and on the southern
boundaries of the purchase made of the Nez Perces Indians, and east¬
erly along that boundary to the western limits of the country claimed
by the Shoshonees or Snake Indians; thence southerly along that
boundary (being the waters of Powder River) to the source of Powder
River, thence to the head-waters of Willow Creek, thence down Wil¬
low Creek to the Columbia River, thence up the channel of the Colum¬
bia River to the lower end of a large island below the mouth of
Umatilla River, thence northerW to a point on the Yakama River,
called Tomah-luke, thence to Le Lac, thence to the White Banks on
the Columbia below Priest’s Rapids, thence down the Columbia River
to the junction of the Columbia and Snake Rivers, thence up the Snake
River to the place of beginning: Provided , however , That so much of
the country described above as is contained in the following bounda¬
ries shall be set apart as a residence for said Indians, which tract for
the purposes contemplated shall be held and regarded as an Indian
reservation; to wit: Commencing in the middle of the channel of
Umatilla River opposite the mouth of Wild Horse Creek, thence up
the middle of the channel of said creek to its source, thence southerly
to a point in the Blue Mountains, known as Lee’s Encampment, thence
in a line to the head-waters of Howtome Creek, thence west to the
divide between Howtome and Birch Creeks, thence northerly along
said divide to a point due west of the southwest corner of William C.
McKay’s land-claim, thence east along his line to his southeast corner,
thence in a line to the place of beginning; all of which tract shall be
set apart and, so far as necessary, surveyed and marked out for their
exclusive use; nor shall any white person be permitted to reside upon
the same without permission of the agent and superintendent. The
said tribes and bands agree to remove to and settle, upon the same
within one year after the ratification of this treaty, without any addi¬
tional expense to the Government other than is provided by this treaty,
and until the expiration of the time specified, the said bands shall be
permitted to occupy and reside upon the tracts now possessed by them,
guaranteeing to all citizen [s] of the United States, the right to enter
upon and occupy as settlers any lands not actually enclosed by said

June 9, 1855.

12 Stats., 945.
Proclamation Apr.
11, 1859.

Ratified Mar. 8, 1859.

Cession of lands to
the United States.

Boundaries.

Reservation.

Whites not to reside
thereon, unless, etc.

Tribes to settle
thereon in a year.

522

TREATY WITH THE WALLA WALLA, CAYUSE, ETC., 1855.

Rights and piivi- Indians: Provided , also, That the exclusive right of taking fish in the
6”^ t0 the streams running through and bordering said reservation is hereby
secured to said Indians, and at all other usual and accustomed stations
in common with citizens of the United States, and of erecting suitable
buildings for curing the same; the privilege of hunting, gathering
roots and berries and pasturing their stock on unclaimed lands in
proviso in case any common with citizens, is also secured to them. And 'provided, also. That
to this treaty! accede if any band or bands of Indians, residing in and claiming any portion
or portions of the country described in this article, shall not accede to
the terms of this treaty, then the bands becoming parties hereunto
agree to reserve such part of the several and other payments herein
named, as a consideration for the entire country described as aforesaid,

as shall be in the proportion that their aggregate number may have to
the whole number of Indians residing in and claiming the entire coun¬
try aforesaid, as consideration and payment in full for the tracts in
Allowance for im- said country claimed by them. And provided, also. That when substan-
tial improvements have been made by any member of the bands being
parties to this treaty, who are compelled to abandon them in conse¬
quence of said treaty, [they] shall be valued under the direction of
the President of the United States, and payment made therefor.
Payments by the Aeticle 2. In consideration of and payment for the country hereby
united states. ceded, the United States agree to pay the bands and tribes of Indians
claiming territory and residing in said country, and who remove to
and reside upon said reservation, the several sums of money follow¬
ing, to wit: eight thousand dollars per annum for the term of five
years, commencing on the first day of September, 1856; six thousand
dollars per annum for the term of five years next succeeding the first
five; four thousand dollars per annum for the term of five years next
succeeding the second five, and two thousand dollars per annum for
the term of five years next succeeding the third five; all of which sev¬
eral sums of money shall be expended for the use and benefit of the
How to be ex- confederated bands herein named, under the direction of the President
pended. 0f the United States, who may from time to time at his discretion,

determine what proportion thereof shall be expended for such objects
as in his judgment will promote their well-being, and advance them in
civilization, for their moral improvement and education, for buildings,
opening and fencing farms, breaking land, purchasing teams, wagons,
agricultural implements and seeds, for clothing, provision and tools,
for medical purposes, providing mechanics and farmers, and for arms
and ammunition.

united states to ex- Article 3. In addition to the articles advanced the Indians at the
Sde?c0’000forbuild‘ time of signing this treaty, the United States agree to expend the sum
of fifty thousand dollars during the first and second years after its rati¬
fication, for the erection of buildings on the reservation, fencing and
opening farms, for the purchase of teams, farming implements, clothing,
and provisions, for medicines and tools, for the payment of employes,
and for subsisting the Indians the first year after their removal.
school^60 mechanics5 Article 4. In addition to the consideration above specified, the
shops, etc. U nited States agree to erect, at suitable points on the reservation, one

saw-mill, and one flouring-mill, a building suitable for a hospital, two
school-houses, one blacksmith shop, one building for wagon and plough
maker and one carpenter and joiner shop, one dwelling for each, two
millers, one farmer, one superintendent of farming operations, two
school-teachers, one blacksmith, one wagon and plough maker, one
carpenter and joiner, to each of which the necessary out-buildings. To
purchase and keep in repair for the term of twenty years all necessary
mill fixtures and mechanical tools, medicines and hospital stores, books
and stationery for schools, and furniture for employes.

To employ mechan- The United States further engage to secure and pay for the services
ics, teachers, etc. ana subsistence, for the term of twenty years, [of] one superintendent

of farming operations, one farmer, one blacksmith, one wagon and

523

TREATY WITH THE WALLA WALLA, CAYUSE, ETC., 1855.

plough maker, one carpenter and joiner, one physician, and two
school-teachers.

Article 5. The United States further engage to build for the head
chiefs of the Walla- Walla, Cay use, and Umatilla bands each one
dwelling-house, and to plough and fence ten acres of land for each,
and to pay to each five hundred dollars per annum in cash for the term
of twenty years. The first payment to the Walla-Walla chief to com¬
mence upon the signing of this treaty. To give to the Walla-Walla
chief three yoke of oxen, three yokes and four chains, one wagon, two
ploughs, twelve hoes, twelve axes, two shovels, and one saddle and
bridle, one set of wagon-harness, and one set of plough-harness, within
three months after the signing of this treaty.

To build for the son of Pio-pio-mox-mox one dwelling-house, and
plough and fence five acres of land, and to give him a salary for
twenty years, one hundred dollars in cash per annum, commencing
September first, eighteen hundred and fifty-six.

The improvement named in this section to be completed as soon
after the ratification of this treaty as possible.

It is further stipulated that Pio-pio-mox-mox is secured for the
term of five years, the right to build and occupy a house at or near
the mouth of Yakama River, to be used as a trading-post in the sale
of his bands of wild cattle ranging in that district: And provided, also ,
That in consequence of the immigrant wagon-road from Grand Round
to Umatilla, passing through the reservation herein specified, thus
leading to turmoils and disputes between Indians and immigrants, and
as it is known that a more desirable and practicable route may be had
to the south of the present road, that a sum not exceeding ten thou¬
sand dollars shall be expended in locating and opening a wagon -road
from Powder River or Grand Round, so as to reach the plain at the
western base of the Blue Mountain, south of the southern limits of
said reservation.

Article 6. The President may, from time to time at his discretion
cause the whole or such portion as he may think proper, of the tract
that may now or hereafter be set apart as a permanent home for those
Indians, to be surveyed into lots and assigned to such Indians of the
confederated bands as may wish to enjoy the privilege, and locate
thereon permanently, to a single person over twenty-one years of age,
forty acres, to a family of two persons, sixty acres, to a family of
three and not exceeding^ five, eighty acres; to a family of six persons
and not exceeding ten, one hundred and twenty acres; and to each
family over ten in number, twenty acres to each additional three mem¬
bers; and the President may provide for such rules and regulations as
will secure to the family in case of the death of the head thereof, the
possession and enjoyment of such permanent home and improvement
thereon: and he may at any time, at his discretion, after such person
or family has made location on the land assigned as a permanent home,
issue a patent to such person or family for such assigned land, condi¬
tioned that the tract shall not be aliened or leased for a longer term
than two years, and shall be exempt from levy, sale, or forfeiture,
which condition shall continue in force until a State constitution,
embracing such land within its limits, shall have been formed and the
legislature of the State shall remove the restriction: Provided , how¬
ever, That no State legislature shall remove the restriction herein pro¬
vided for without the consent of Congress : And provided , also , That if
any person or family, shall at any time, neglect or refuse to occupy or
till a portion of the land assigned and on which they have located, or
shall roam from place to place, indicating a desire to abandon his
home the President may if the patent shall have been issued, cancel
the assignment, and may also withhold from such person or family
their portion of the annuities or other money due them, until they
shall have returned to such permanent home, and resumed the pursuits

To build dwelling
houses, etc., for head
chiefs.

Pio-pio-mox-mox.

$10,000 to be ex¬
pended for opening
wagon road from Pow¬
der River.

Allotments of land
may be made to indi¬
vidual Indians.

Patents may issue
therefor.

Conditions.

Restrictions not to
be removed, unless,
etc.

Assignment of pat¬
ents may be canceled.

524

TREATY WITH THE YAKIMA, 1855.

Certain head chiefs
to have 160 acres.

Annuitiesot Indians
not to pay debts of
individuals.

Bands to preserve
friendly relations.

To pay for depreda¬
tions.

Not to make war,
except, etc.

To submit to regula¬
tions.

Annuities withheld
from those drinking
liquor.

Right of way reserv¬
ed for roads through
reservation.

When treaty to take
effect.

June 9,1865.

12 Stat., 951.
Proclaimed, Apr. 18,
1859.

Ratified Mar. 8, 1859.

Cession of lands to
the United States.

Boundaries,

of industry, and in default of their return the tract may be declared
abandoned, and thereafter assigned to some other person or family of
Indians residing on said reservation: And provided, also , That the
head chiefs of the three principal bands, to wit, Pio-pio-mox-mox,
Weyatenatemany, and Wenap-snoot, shall be secured in a tract of at
least one hundred and sixty acres of land.

Article 7. The annuities of the Indians shall not be taken to pay
the debts of individuals.

Article 8. The confederated bands acknowledge their dependence
on the Government of the United States and promise to be friendly
with all the citizens thereof, and pledge themselves to commit no
depredation on the property of such citizens, and should any one or
more of the Indians violate this pledge, and the fact be satisfactorily
proven before the agent, the propert}^ taken shall be returned, or in
default thereof, or if injured or destroyed, compensation may be made
by the Government out of their annuities; nor will they make war on
any other tribe of Indians except in self-defense, but submit all matter
of difference between them and other Indians, to the Government of
the United States or its agents for decision, and abide thereby; and if
any of the said Indians commit any depredations on other Indians, the
same rule shall prevail as that prescribed in the article in case of dep¬
redations against citizens. Said Indians further engage to submit to
and observe all laws, rules, and regulations which may be prescribed
by the United States for the government of said Indians.

Article 9. In order to prevent the evils of intemperance among
said Indians, it is hereby provided that if any one of them shall drink
liquor, or procure it for others to drink, [such one] may have his or
her proportion of the annuities withheld from him or her for such
time as the President may determine.

Article 10. The said confederated bands agree that, whenever in
the opinion of the President of the United States the public interest
may require it, that all roads highways and railroads shall have the
right of way through the reservation herein designated or which may
at any time hereafter be set apart as a reservation for said Indians.

Article 11. This treaty shall be obligatory on the contracting par¬
ties as soon as the same shall be ratified by the President and Senate
of the United States.

TREATY WITH THE YAKIMA, 1855.

Articles of agreement and convention made and concluded at the treaty -
ground , Gamp Stevens , Walla- Walla Valley , this ninth day of June,
in the year one thousand eight hundred and fifty -five, by and between
Isaac I. Stevens, governor and superintendent of Indian affairs for
the Territory of Washington, on the part of the United States, and
the undersigned head chiefs, chiefs, head-men , and delegates of the
Yakama, Palouse, Pisquouse, Wenatshapam, Klikatat, Klinquit,
Kow-was-say-ee, li-ay-was, Skin-pah, Wish-ham, Shyiks , Oche-
chotes , Kah-milt-pah. and Se-ap-cat, confederated tribes and bands
of Indians, occupying .lands hereinafter bounded and described and
lying in Washington Territory, who for the purposes of this treaty
are to be considered as 'one nation, under the name of u Yakama ,”
with Kamaiakun as its head chief , on behalf of and acting for said
tribes and bands, and being duly authorized thereto by them.

Article 1. The aforesaid confederated tribes and bands of Indians
hereby cede, relinquish, and convey to the United States all their right,
title, and interest in and to the lands and country occupied and claimed
by them, and bounded and described as follows, to wit:

Commencing at Mount Ranier, thence northerly along the main
ridge of the Cascade Mountains to the point where the northern trib-

TREATY WITH THE YAKIMA, 1855.

525

utaries of Lake Che-lan and the southern tributaries of the Methow
River have their rise: thence southeasterly on the divide between the
waters of Lake Che-lan and the Methow River to the Columbia River;
thence, crossing the Columbia on a true east course, to a point whose
longitude is one hundred and nineteen degrees and ten minutes, (119°

10'.) which two latter lines separate the above confederated tribes and
bands from the Oakinakane tribe of Indians; thence in a true south
course to the forty-seventh (47°) parallel of latitude; thence east on
said parallel to the main Palouse River, which two latter lines of
boundary separate the above confederated tribes and bands from the
Spokanes; thence down the Palouse River to its junction with the Moh-
hah-ne-she, or southern tributary of the same; thence, in a southeasterly
direction, to the Snake River, at the mouth of the Tucannon River, sep¬
arating the above confederated tribes from the Nez Perce tribe of
Indians; theuce down the Snake River to its junction with the Colum¬
bia River; thence up the Columbia River to the “ White Banks” below
the Priest’s Rapids; thence westerly to a lake called “ La Lac;” thence
southerly to a point on the Yakama River called Toh-mah-luke; thence,
in a southwesterly direction, to the Columbia River, at the western
extremity of the “ Big Island,” between themouths of theUmatilla River
and Butler Creek; all which latter boundaries separate the above con¬
federated tribes and bands from the W7alla-Wralla, Cav use, and Uma¬
tilla tribes and bands of Indians: thence down the Columbia River to
midway between the mouths of White Salmon and Wind Rivers; thence
along the divide between said rivers to the main ridge of the Cascade
Mountains; and thence along said ridge to the place of beginning.

Article 2. There is, however, reserved, from the lands above ceded Reservation,
for the use and occupation of the aforesaid confederated tribes and
bands of Indians, the tract of land included within the following
boundaries, to wit: Commencing on the Yakama River, at the mouth Boundaries,
of the Attah-nam River: thence westerly along said Attah-nam River
to the forks; thence along the southern tributary to the Cascade
Mountains; thence southerly along the main ridge of said mountains,
passing south and east of Mount Adams, to the spur whence flows the
waters of the Klickatat and Pisco Rivers; thence down said spur to
the divide between the waters of said rivers; thence along said divide
to the divide separating the waters of the Satass River from those
flowing into the Columbia River; thence along said divide to the main
Yakama, eight miles below the mouth of the Satass River; and thence
up the Yakama River to the place of beginning.

All which tract shall be set apart and, so far as necessary, surveyed sefe*e7rfioe^ toa^|
and marked out, for the exclusive use and benefit of said confederated indfanV toC"settie
tribes and bands of Indians, as an Indian reservation; nor shall any thereon-
white man, excepting those in the employment of the Indian Depart- th^gJnS not t0 reside
ment, be permitted to reside upon the said reservation without per- ereon'
mission of the tribe and the superintendent and agent. And the said
confederated tribes and bands agree to remove to, and settle upon, the
same, within one year after the ratification of this treaty. In the mean
time it shall be lawful for them to reside upon any ground not in the
actual claim and occupation of citizens of the United States; and upon
anv ground claimed or occupied, if with the permission of the owner
or claimant.

Guaranteeing, however, the right to all citizens of the United States
to enter upon and occupy as settlers any lands not actually occupied
and cultivated by said Indians at this time, and not included in the
reservation above named.

And provided, That an j substantial improvements heretofore made improvements on
by any Indian, such as fields enclosed and cultivated, and houses cede(i ^nds.
erected upon the lands hereby ceded, and which he may be compelled
to abandon in consequence of this treaty, shall be valued, under the

526

TREATY WITH THE YAKIMA, 1855.

Roads may be made.

Privileges secured
to Indians.

Payments bv the
United States.

How to be applied.

United States to es¬
tablish schools.

Mechanics’ shops.

Sawmill and flour¬
ing mill.

Hospital.

direction of the President of the United States, and payment made
therefor in money; or improvements of an equal value made f.or said
Indian upon the reservation. And no Indian will be required to aban¬
don the improvements aforesaid, now occupied by him, until their
value in money, or improvements of an equal value shall be furnished
him as aforesaid.

Article 3. And provided, That, if necessary for the public con¬
venience, roads may be run through the said reservation; and on the
other hand, the right of way, with free access from the same to the
nearest public highway, is secured to them; as also the right, in
common with citizens of the United States, to travel upon all public
highways.

The exclusive right of taking fish in all the streams, where running
through or bordering said reservation, is further secured to said con¬
federated tribes and bands of Indians, as also the right of taking fish
at all usual and accustomed places, in common with the citizens of the
Territory, and of erecting temporary buildings for curing them;
together with the privilege of hunting, gathering roots and berries,
and pasturing their horses and cattle upon open and unclaimed land.

Article 4. In consideration of the above cession, the United States
agree to pay to the said confederated tribes and bands of Indians, in
addition to the goods and provisions distributed to them at the time of
signing this treaty, the sum of two hundred thousand dollars, in the
following manner, that is to say: Sixty thousand dollars, to be expended
under the direction of the President of the United States, the first year
after the ratification of this treaty, in providing for their removal to
the reservation, breaking up and fencing farms, building houses for
them, supplying them with provisions and a suitable outfit, and for
such other objects as he may deem necessary, and the remainder in
annuities, as follows: For the first five years after the ratification of
the treaty, ten thousand dollars each year, commencing September
first, 1856; for the next five years, eight thousand dollars each year;
for the next five years, six thousand dollars per year; and for the next
five years, four thousand per year.

All which sums of money shall be applied to the use and benefit of
said Indians, under the direction of the President of the United States,
who may from time to time determine, at his discretion, upon what
beneficial objects to expend the same for them. And the superin¬
tendent of Indian affairs, or other proper officer, shall each year
inform the President of the wishes of the Indians in relation thereto.

Article 5. The United States further agree to establish at suitable
points within said reservation, within one year after the ratification
hereof, two schools, erecting the necessary buildings, keeping them in
repair, and providing them with furniture, books, and stationery, one
of which shall be an agricultural and industrial school, to be located
at the agency, and to be free to the children of the said confederated
tribes and bands of Indians, and to employ one superintendent of
teaching and two teachers; to build two blacksmiths’ shops, to one of
which shall be attached a tin-shop, and to the other a gunsmith’s shop;
one carpenter’s shop, one wagon and plough maker’s shop, and to keep
the same in repair and furnished with the necessary tools; to employ
one superintendent of farming and two farmers, two blacksmiths, one
tinner, one gunsmith, one carpenter, one wagon and plough maker,
for the instruction of the Indians in trades and to assist them in the
same; to erect one saw-mill and one flouring-mill, keeping the same in
repair and furnished with the necessary tools and fixtures; to erect a
hospital, keeping the same in repair and provided with the necessary
medicines and furniture, and to employ a physician; and to erect, keep
in repair, and provided with the necessary furniture, the building
required for the accommodation of the said employees. The said

TREATY WITH THE YAKIMA, 1855.

527

buildings and establishments to be maintained and kept in repair as
aforesaid, and the employees to be kept in service for the period of
twenty years.

And in view of the fact that the head chief of the said confederated
tribes and bands of Indians is expected, and will be called upon to per¬
form many services of a public character, occupying much of his time,
the United States further agree to pay to the said confederated tribes
and bands of Indians five hundred dollars per year, for the term of
twenty years after the ratification hereof, as a salary for such person
as the said confederated tribes and bands of Indians may select to be
their head chief, to build for him at a suitable point on the reservation
a comfortable house, and properly furnish the same, and to plough
and fence ten acres of land. The said salary to be paid to, and the
said house to be occupied by, such head chief so long as he ma}^ continue
to hold that office.

And it is distinctly understood and agreed that at the time of the
conclusion of this treaty Kamaiakun is the duly elected and authorized
head chief of the confederated tribes and bands aforesaid, styled the
Yakama Nation, and is recognized as such by them and by the com¬
missioners on the part of theTJnited States holding this treaty ; and all
the expenditures and expenses contemplated in this article of this
treaty shall be defrayed by the United States, and shall not be deducted
from the annuities agreed to be paid to said confederated tribes and
band of Indians. Nor shall the cost of transporting the goods for the
annuity payments be a charge upon the annuities, but shall be defrayed
by the United States.

Article 6. The President may, from time to time, at his discretion,
cause the whole or such portions of such reservation as he may think
proper, to be surveyed into lots, and assign the same to such individuals
or families of the said confederated tribes and bands of Indians as are
wil ing to avail themselves of the privilege, and will locate on the same
gts a permanent home, on the same terms and subject to the same regu¬
lations as are provided in the sixth article of the treaty with theOmahas,
so far as the same may be applicable.

Article 7. The annuities of the aforesaid confederated tribes and
bands of Indians shall not be taken to pay the debts of individuals.

Article 8. The aforesaid confederated tribes and bands of Indians
acknowledge their dependence upon the Government of the United
States, and promise to be friendly with all citizens thereof, and pledge
themselves to commit no depredations upon the property of such citizens.

And should any one or more of them violate this pledge, and the
fact be satisfactorily proved before the agent, the property taken shall
be returned, or in default thereof, or if injured or destroyed, compen¬
sation may be made by the Government out of the annuities.

Nor will they make war upon any other tribe, except in self-defence,
but will submit all matters of difference between them and other Indians
to the Government of the United States or its agent for decision, and
abide thereby. And if any of the said Indians commit depredations
on any other Indians within the Territory of Washington or Oregon,
the same rule shall prevail as that provided in this article in case of
depredations against citizens. And the said confederated tribes and
bands of Indians agree not to shelter or conceal offenders against the
laws of the United States, but to deliver them up to the authorities
for trial. .

Article 9. The said confederated tribes and bands of Indians desire
to exclude from their reservation the use of ardent spirits, and to pre¬
vent their people from drinking the same, and, therefore, it is pro¬
vided that any Indian belonging to said confederated tribes and bands
of Indians, who is guilty of bringing liquor into said reservation, or
who drinks liquor, may have his or her annuities withheld from him
or her for such time as the President may determine.

Salary to head chief;
house, etc.

Kamaiakun is the
head chief.

Reservation may be
surveyed into lots
and assigned to indi¬
viduals or families.

Annuities not to pay
for debts of individ¬
uals.

Tribes to preserve
friendly relations.

To pay for depreda¬
tions.

Not to make war
but in self-defense.

To surrender offend¬
ers.

Annuities may be
withheld from those
who drink ardent
spirits.

528

TREATY WITH THE NEZ PERCES, 1855.

Wenatshapam fish¬
ery reserved.

When treaty to take
effect.

June 11, 1855.

12 Stats., p. 957.
Proclamation, Apr.
29 1859

Ratified Mar. 8, 1859.

Cession of lands to
the United States.

Boundaries.

Reservation.

Boundaries.

Article 10. And provided. That there is also reserved and set apart
from the lands ceded by this treaty, for the use and benefit of the
aforesaid confederated tribes and bands, a tract of land not exceed¬
ing in quantity one township of six miles square, situated at the forks
of the Pisquouse or Wenatshapam River, and known as the “ Wenat¬
shapam Fishery,” which said reservation shall be surveyed and marked
out whenever the President may direct, and be subject to the same
provisions and restrictions as other Indian reservations.

Article 11. This treaty shall be obligatory upon the contracting
parties as soon as the same shall be ratified by the President and
Senate of the United States.

TREATY WITH THE NEZ PERCIES, 1855.

Articles of agreement and convention made and concluded at the treaty
ground , Camp Stevens, in the Walla- Walla Valley , this eleventh day
of June, in the year one thousand eight hundred and fifty-five , by
and between Isaac I. Stevens , governor and superintendent of Indian
affairs for the Territory of Washington , and Joel Palmer , superin¬
tendent of Indian affairs for Oregon Territory , on the part of the
United States ,. and the undersigned chiefs, head-men , and delegates
of the Nez Perce tribe of Indians occupying ' lands lying partly in
Oregon and partly in Washington Territories, between the Cascade
and Bitter Root Mountains, on behalf of, and acting for said tribe,
and being duly authorized thereto by them, it being understood that
Superintendent Isaac I Stevens assumes to treat only with those of
the above-named tribe of Indians residing within the Territory of
Washington, and Superintendent Palmer with those residing exclu¬
sively in Oregon Territory .

Article 1 . The said Nez Perce tribe of Indians hereby cede, relinquish
and convey to the United States all their right, title, and interest in and
to the country occupied or claimed by them, bounded and described as
follows, to wit: Commencing at the source of the W o-na-ne-she or south¬
ern tributary of the Palouse River; thence down that river to the main
Palouse; thence in a southerly direction to the Snake River, at the mouth
of the Tucanon River; thence up the Tucanon to its source in the Blue
Mountains; thence southerly along the ridge of the Blue Mountains;
thence to a point on Grand Ronde River, midway between Grand Ronde
and the mouth of the Woll-low-how River; thence along the divide
between the waters of the Woll-low-how and Powder River; thence to
the crossing of Snake River, at the mouth of Powder River; thence to
the Salmon River, fifty miles above the place known [as] the “ crossing
of the Salmon River;” thence due north to the summit of the Bitter
Root Mountains; thence along the crest of the Bitter Root Mountains
to the place of beginning.

Article 2. There is, however, reserved from the lands above ceded
for the use and occupation of the said tribe, and as a general reserva¬
tion for other friendly tribes and bands of Indians in Washington Ter¬
ritory, not to exceed the present numbers of the Spokane, Walla- Walla,
Cayuse, and Umatilla tribes and bands of Indians, the tract of land
included within the following boundaries, to wit: Commencing where
the Moh-ha-na-she or southern tributary of the Palouse River flows from
the spurs of the Bitter Root Mountains; thence down said tributary to
the mouth of the Ti-nat-pan-up Creek; thence southerly to the cross¬
ing of the Snake River ten miles below the mouth of the Al-po-wa-wi
River; thence to the source of the Al-po-wa-wi River in the Blue Moun¬
tains; thence along the crest of the Blue Mountains; thence to the cross-

529

TREATY WITH THE NEZ PERCES, 1855.

ing of the Grand Ronde River, midway between the Grand Ronde and
the mouth of the Woll-low-how River; thence along the divide between
the waters of the W oll-low-how and Powder Rivers; thence to the cross¬
ing of the Snake River fifteen miles below the mouth of the Powder
River; thence to the Salmon River above the crossing; thence by the
spurs of the Bitter Root Mountains to the place of beginning.

All which tract shall be set apart, and, so far as necessary, surveyed
and marked out for the exclusive use and benefit of said tribe as an
Indian reservation; nor shall any white man, excepting those in the
emplojnnent of the Indian Department, be permitted to reside upon the
said reservation without permission of the tribe and the superintend¬
ent and agent; and the said tribe agrees to remove to and settle upon
the same within one year after the ratification of this treaty. In the
mean time it shall be lawful for them to reside upon any ground not
in the actual claim and occupation of citizens of the United States,
and upon any ground claimed or occupied, if with the permission of
the owner or claimant, guarantying, however, the right to all citizens
of the United States to enter upon and occupy as settlers any lands
not actually occupied and cultivated by said Indians at this time, and
not included in the reservation above named. And provided that any
substantial improvement heretofore made by any Indian, such as fields
enclosed and cultivated, and houses erected upon the lands hereby
ceded, and which he may be compelled to abandon in consequence of
this treaty, shall be valued under the direction of the President of the
United States, and payment made therefor in money, or improve¬
ments of an equal value be made for said Indian upon the reservation,
and no Indian will be required to abandon the improvements afore¬
said, now occupied by him, until their value in money or improve¬
ments of equal value shall be furnished him as aforesaid.

Article 3. And provided that, if necessary for the public conven¬
ience, roads may be run through the said reservation, and, on the
other hand, the right of way, with free access from the same to the
nearest public highway, is secured to them, as also the right, in com¬
mon with citizens of the United States, to travel upon all public high¬
ways. The use of the Clear Water and other streams flowing through
the reservation is also secured to citizens of the United States for
rafting purposes, and as public highways.

The exclusive right of taking fish in all the streams where running
through or bordering said reservation is further secured to said Indians;
as also the right of taking fish at all usual and accustomed places in com¬
mon with citizens of the Territory; and of erecting temporary buildings
for curing, together with the privilege of hunting, gathering roots and
berries, and pasturing their horses and cattle upon open and unclaimed
land.

Article 4. In consideration of the above cession, the United States
agree to pay to the said tribe in addition to the goods and provisions
distributed to them at the time of signing this treaty, the sum of two
hundred thousand dollars, in the following manner, that is to say, sixty
thousand dollars, to be expended under the direction of the President
of the United States, the first year after the ratification of this treaty,
in providing for their removal to the reserve, breaking up and fenc¬
ing farms, building houses, supplying them with provisions and a
suitable outfit, and for such other" objects as he may deem necessary,
and the remainder in annuities, as follows: for the first five years after
the ratification of this treaty, ten thousand dollars each year, com¬
mencing September 1, 1856; for the next five years, eight thousand
dollars each year; for the next five years, six thousand each year, and
for the next five years, four thousand dollars each year.

All which said sums of money shall be applied to the use and bene¬
fit of the said Indians, under the direction of the President of the

S. Doc. 452 - 34

Reservation to be set
apart, and Indians to
settle thereon.

Whites not to reside
thereon without, etc.

Improvements to be
paid for by the United
States.

Roads may be made.

Privileges secured
to Indians.

Payments by the
United States.

Payments, how to
be applied.

530

TREATY WITH THE NEZ PERCES, 1855.

The United States
to establish, schools,
etc.

To build mechan¬
ics’ shops, etc.

Sawmill.

Hospital.

Salary to head chief;
house, etc.

Reservation may be
surveyed into lots and
assigned to individu¬
als or families.

Annuities not to pay
debts of individuals.

Tribes to preserve
friendly relations.

To pay for depreda¬
tions.

United States, who may from time to time determine, at his discre¬
tion, upon what beneficial objects to expend the same for them. And
the superintendent of Indian affairs, or other proper officer, shall each
year inform the President of the wishes of the Indians in relation
thereto.

Article 5. The United States further agree to establish, at suit¬
able points within said reservation, within one year after the ratifica¬
tion hereof, two schools, erecting the necessary buildings, keeping
the same in repair, and providing them with furniture, books, and
stationery, one of which snail be an agricultural and industrial school,
to be located at the agency, and to be free to the children of said tribe,
and to employ one superintendent of teaching and two teachers; to
build two blacksmiths’ shops, to one of which shall be attached a tin-
shop and to the other a gunsmith’s shop; one carpenter’s shop, one
wagon and plough maker’s shop, and to keep the same in repair, and
furnished with the necessary tools; to employ one superintendent of
farming and two farmers, two blacksmiths, one tinner, one gunsmith,
one carpenter, one wagon and plough maker, for the instruction of the
Indians in trades, and to assist them in the same; to erect one saw-mill
and one fiouring-mill, keeping the same in repair, and furnished with
‘the necessary tools and fixtures, and to employ two millers; to erect a
hospital, keeping the same in repair, and provided with the necessary
medicines and furniture, and to employ a physician; and to erect,
keep in repair, and provide with the necessary furniture the buildings
required for the accommodation of the said employees. The said
buildings and establishments to be maintained and kept in repair as
aforesaid, and the employees to be kept in service for the period of
twenty years.

And in view of the fact that the head chief of the tribe is expected,
and will be called upon, to perform many services of a public char¬
acter, occupying much of his time, the United States further agrees to
pay to the Nez Perce tribe five hundred dollars per year for the term of
twenty years, after the ratification hereof, as a salary for such person
as the tribe may select to be its head chief. To build for him, at a suit¬
able point on the reservation, a comfortable house, and properly fur¬
nish the same, and to plough and fence for his use ten acres of land.
The said salary to be paid to, and the said house to be occupied by,
such head chief so long as he may be elected to that position by his
tribe, and no longer.

And all the expenditures and expenses contemplated in this fifth
article of this treaty shall be defrayed by the United States, and shall
not be deducted from the annuities agreed to be paid to said tribe,
nor shall the cost of transporting the goods for the annuity-payments
be a charge upon the annuities, but shall be defrayed by the United
States.

Article 6. The President may from time to time, at his discretion,
cause the whole, or such portions of such reservation as he may think
proper, to be surveyed into lots, and assign the same to such individu¬
als or families of the said tribe as are willing to avail themselves of
the privilege, and will locate on the same as a permanent home, on
the same terms and subject to the same regulations as are provided in
the sixth article of the treaty with the Omahas in the year 1854, so far
as the same may be applicable.

Article 7. The annuities of the aforesaid tribe shall not be taken
to pay the debts of individuals.

Article 8. The aforesaid tribe. acknowledge their dependence upon
the Government of the United States, and promise to be friendly with
all citizens thereof, and pledge themselves to commit no depredations
on the property of such citizens; and should any one or more of them
violate this pledge, and the fact be satisfactorily proved before the
agent, the property taken shall be returned, or in default thereof, or

531

TREATY WITH THE CHOCTAW AND CHICKASAW, 1855.

if injured or destroyed, compensation may be made by the Govern¬
ment out of the annuities. Nor will they make war on any other
tribe except in self-defence, but will submit all matters of difference
between them and the other Indians to the Government of the United
States, or its agent, for decision, and abide thereby; and if any of the
said Indians commit any depredations on any other Indians within the
Territory of Washington, the same rule shall prevail as that prescribed
in this article in cases of depredations against citizens. And the said
tribe agrees not to shelter or conceal offenders against the laws of the
United States, but to deliver them up to the authorities for trial.

Article 9. The Nez Perces desire to exclude from their reservation
the use of ardent spirits, and to prevent their people from drinking
the same; and therefore it is provided that any Indian belonging to
said tribe who is guilty of bringing liquor into said reservation, or
who drinks liquor, may have his or her proportion of the annuities
withheld from him or her for such time as the President may determine.

Article 10. The Nez Perce Indians having expressed in council
a desire that William Craig should continue to live with them, he hav¬
ing uniformly shown himself their friend, it is further agreed that
the tract of land now occupied by him, and described in his notice to
the register and receiver of the land-office of the Territory of Wash¬
ington, on the fourth day of June last, shall not be considered a part
of the reservation provided for in this treaty, except that it shall be
subject in common with the lands of the reservation to the operations
of the intercourse act.

Article 11. This treaty shall be obligatory upon the contracting
parties as soon as the same shall be ratified by the President and Sen¬
ate of the United States.

TREATY WITH THE CHOCTAW AND CHICKASAW, 1855.

Articles of agreement and convention between the United States and the
Choctaw and Chickasaw tribes of Indians, made and concluded at the
city of Washington , the twenty -second day of June , A. D. one thou¬
sand eight hundred and fifty-five , by George W. Many penny, com¬
missioner on the part of the United States , Peter P. Pitchlynn, Israel
Folsom, Samuel Garland, and Pixon W. Lewis, commissioners on the
part of the Choctaws; and Edmund Pickens and Sampson Folsom .
commissioners on the part of the Chickasaws :

Whereas, the political connection heretofore existing between the
Choctaw and the Chickasaw tribes of Indians, has given rise to unhappy
and injurious dissensions and controversies among them, which render
necessary a re-adjustment of their relations to each other and to the
United States: and

Whereas the United States desire that the Choctaw Indians shall
relinquish all claim to any territory west of the one hundredth degree
of west longitude, and also to make provision for the permanent
settlement within the Choctaw country, of the Wichita and certain other
tribes or bands of Indians, for which purpose the Choctaws and Chicka¬
saws are willing to lease, on reasonable terms, to the United States,
that portion of their common territory which is west of the ninety-
eighth degree of west longitude: and

Whereas, the Choctaws contend, that, by a just and fair construction
of the treaty of September 27, 1830, they are, of right, entitled to the
net proceeds of the lands ceded by them to the United States, under
said treatjr, and have proposed that the question of their right to the
same, together with the whole subject-matter of their unsettled claims,
whether national or individual, against the United States, arising
under the various provisions of said treaty, shall be referred to the

Not to make war
except in self-defense.

Offenders to be de¬
livered np.

Annuities may be
withheld from those
who drink ardent
spirits.

Land of William
Craig.

When treaty to take
effect.

June 22, 1855.

11 Stats., p. 611.
Proclaimed Mar. 4,
1856.

Ratified Feb. 21,
1856.

Preamble.

Ante, p. 221.

532

TREATY WITH THE CHOCTAW AND CHICKASAW, 1855.

Future boundaries
of the Choctaw and
Chickasaw country.

The lands in those
limits guaranteed to
them.

1830, ch. 148.

4 Stat., 411.

Proviso as to sales,
and as to the rever¬
sion of said lands.

Present laws and

Either tribe may
settle within the lim¬
its of the other, and
sue in courts.

Senate of the United States for final adjudication and adjustment, and
whereas, it is necessary for the simplification and better understanding
of the relations between the United States and the Choctaw Indians,
that all their subsisting treaty stipulations be embodied in one com¬
prehensive instrument:

Now, therefore, the United States of America, by their commis¬
sioner, George W. Manypenny, the Choctaws, by their commissioners,
Peter P. Pitchlynn, Israel Folsom, Samuel Garland, and Dickson W.
Lewis, and the Chickasaws, by their commissioners, Edmund Pickens
and Sampson Folsom do hereby agree and stipulate as follows, viz:

Article 1. The following shall constitute and remain the boundaries
of the Choctaw and Chickasaw country, viz: Beginning at a point on
the Arkansas River, one hundred paces east of old Fort Smith, where
the western boundary-line of the State of Arkansas crosses the said
river, and running thence due south to Red River; thence up Red River
to the point where the meridian of one hundred degrees west longitude
crosses the same; thence north along said meridian to the main Can¬
adian River; thence down said river to its junction with the Arkansas
River; thence down said river to the place of beginning.

And pursuant to an act of Congress approved May 28, 1880, the
United States do hereby forever secure and guarantee the lands
embraced within the said limits, to the members of the Choctaw and
Chickasaw tribes, their heirs and successors, to be held in common; so
that each and every member of either tribe shall have an equal, undi¬
vided interest in the whole: Provided , however, No part thereof shall .
ever be sold without the consent of both tribes, and that said land
shall revert to the United States if said Indians and their heirs become
extinct or abandon the same.

Article 2. A district for the Chickasaws is hereby established,
bounded as follows, to wit: Beginning on the north bank of Red
River, at the mouth of Island Bayou, where it empties into Red River,
about twenty-six miles in a straight line, below the mouth of False
Wachitta; thence running a northwesterly course, along the main
channel of said bayou, to the junction of the three prongs of said
bayou, nearest the dividing ridge between Wachitta and Low Blue
Rivers, as laid down on Capt. R. L. Hunter’s map; thence northerly
along the eastern prong of Island Bayou to its source; thence due
north to the Canadian River; thence west along the main Canadian to
the ninety-eighth degree of west longitude; thence south to Red
River; and thence down Red River to the beginning: Provided , how¬
ever, If the line running due north, from the eastern source of Island
Bayou, to the main Canadian shall not include Allen’s or Wa-pa-nacka
Academy, within the Chickasaw District, then, an offset shall be made
from said line, so as to leave said academy two miles within the Chick¬
asaw district, north, west and south from the lines of boundarv.

Article 3. The remainder of the country held in common by the
Choctaws and Chickasaws, shall constitute the Choctaw district, and
their officers and people shall at all times have the right of safe con¬
duct and free passage through the Chickasaw district.

Article 4. The government and laws now in operation and not
incompatible with this instrument, shall be and remain in full force
and effect within the limits of the Chickasaw district, until the Chicka¬
saws shall adopt a constitution, and enact laws, superseding, abrogat-
ing, or changing the same. And all judicial proceedings within said
district, commenced prior to the adoption of a constitution and laws
by the Chickasaws, shall be conducted and determined according to
existing laws.

Article 5. The members of either the Choctaw or the Chickasaw
tribe, shall have the right, freely, to settle within the jurisdiction of
the other, and shall thereupon be entitled to all the rights, privileges,
and immunities of citizens thereof; but no member of either tribe

533

TREATY WITH THE CHOCTAW AND CHICKASAW, 1855.

shall be entitled to participate in the funds belonging to the other
tribe. Citizens of both tribes shall have the right to institute and
prosecute suits in the courts of either, under such regulations as may,
from time to time, be prescribed by their respective legislatures.

Article 6. Any person duly charged with a criminal offence against . Extradition of crim-
the laws of either the Choctaw or the Chickasaw tribe, and escaping district 9ai
into the jurisdiction of the other, shall be promptly surrendered, upon
the demand of the proper authorities of the tribe, within whose juris¬
diction the offence shall be alleged to have been committed.

Article 7. So far as may be compatible with the Constitution of sJa * tribes1^’
the United States and the laws made in pursuance thereof, regulating seif-govemment.
trade and intercourse with the Indian tribes, the Choctaws and Chicka¬
saws shall be secured in the unrestricted right of self-government, and
full jurisdiction, over persons and property, within their respective
limits; excepting, however, all persons, with their property, who are
not b}r birth, adoption, or otherwise citizens or members of either the
Choctaw or Chickasaw tribe, and all persons, not being citizens or
members of either tribe, found within their limits, shall be considered
intruders, and be removed from, and kept out of the same, by the mOTe™ders t0 be re"
United States aerent, assisted if necessary by the military, with the
following exceptions, viz: Such individuals as are now, or may be in
the employment of the Government, and their families; those peace¬
fully travelling, or temporarily sojourning in the country or trading
therein, under license from the proper authority of the United States,
and such as may be permitted by the Choctaws or Chickasaws, with
the assent of the United States agent, to reside within their limits,
without becoming citizens or members of either of said tribes.

Article 8. In consideration of the foregoing stipulations, and imme- Payment to choc-
diately upon the ratification of this convention, there shall be paid to mw funds. e c
the Choctaws, in such manner as their national council shall direct, out
of the national fund of the Chickasaws held in trust by the United
States, the sum of one hundred and fifty thousand dollars.

Article 9. The Choctaw Indians do hereby absolutely and forever thechoctawsland by
quit-claim and relinquish to the United States all their right, title, and
interest in, and to any and all lands, west of the one hundredth degree of Lease by the choc-
west longitude; and the Choctaws and Chickasaws do hereby lease to the fo^thT^s^o? other
United States all that portion of their common territory west of the Indians,
ninety-eighth degree of west longitude, for the permanent settlement of
the Wichita and such other tribes or bands of Indians as the Government

may desire to locate therein; excluding, however, all the Indians of
New Mexico, and also those whose usual ranges at present are north
of the Arkansas River, and whose permanent locations are north of
the Canadian River, but including those bands whose permanent ranges
are south of the Canadian, or between it and the Arkansas; which
Indians shall be subject to the exclusive control of the United States,
under such rules and regulations, not inconsistent with the rights and
interests of the Choctaws and Chickasaws, as may from time to time
be prescribed by the President for their government: Provided , how¬
ever , The territory so leased shall remain open to settlement by Choc¬
taws and Chickasaws as heretofore.

Article 10. In consideration of the foregoing relinquishment .and ga^^j^u<
lease, and as soon as practicable after the ratification of this conven¬
tion, the United States will pay to the Choctaws the sum of six hun¬
dred thousand dollars, and to the Chickasaws the sum of two hundred
thousand dollars, in such manner as their general councils shall respec¬
tively direct.

Article 11. The Government of the United States, not being pre¬
pared to assent to the claim set up under the treaty of September the
twenty-seventh, eighteen hundred and thirty, and so earnestly con¬
tended for by the Choctaws as a rule of settlement, but justly appre¬
ciating the sacrifices, faithful services, and general good conduct of

534

TREATY WITH THE CHOCTAW AND CHICKASAW, 1855.

the Choctaw people, and being desirous that their rights and claims
against the United States shall receive a just, fair, and liberal consid-
certam questions to eration, it is therefore stipulated that the following questions be sub-
senatSrt:decisionthe mitted for adjudication to the Senate of the United States.

First. Whether the Choctaws are entitled to, or shall be allowed,
the proceeds of the sale of the lands ceded by them to the United
States, by the treaty of September the twenty-seventh, eighteen hun¬
dred and thirty, deducting therefrom the cost of their survey and sale,
and all just and proper expenditures and payments under the provi¬
sions of said treaty; and if so, what price per acre shall be allowed to
the Choctaws for the lands remaining unsold, in order that a final set¬
tlement with them may be promptly effected. Or,

Second. Whether the Choctaws shall be allowed a gross sum in
further and full satisfaction of all their claims national and individual
against the United States; and, if so, bow much.
howStobe peai(Tarded’ Article 12. In case the Senate shall award to the Choctaws the net
° pa proceeds of the lands, ceded as aforesaid, the same shall be received

by them in full satisfaction of all their claims against the United States,
whether national or individual, arising under any former treaty; and
the Choctaws shall thereupon become liable and bound to pay all such
individual claims as may be adjudged by the proper authorities of the
tribe to be equitable and just — the settlement and payment to be made
with the advice and under the direction of the United States agent for
the tribe; and so much of the fund, awarded by the Senate to the
Choctaws, as the proper authorities thereof shall ascertain and deter¬
mine to be necessary for the payment of the just liabilities of the tribe,
shall on their requisition be paid over to them by the United States.
But should the Senate allow a gross sum, in further and full satisfac¬
tion of all their claims, whether national or individual, against the
United States, the same shall be accepted by the Choctaws, and they
shall thereupon become liable for, and bound to pay, all the individual
claims as aforesaid; it being expressly understood that the adjudica¬
tion and decision of the Senate shall be final,
ent'neateto bePstm Article 13. The amounts secured by existing treaty stipulations —
paid. viz: permanent annuity of three thousand dollars, under the second

article of the treaty of eighteen hundred and five; six hundred dollars
per annum for the support of light-horse men under the thirteenth
article of the treaty of eighteen hundred and twenty; permanent
annuity of six thousand dollars for education; under the second article
of the treaty of eighteen hundred and twenty-five; six hundred dol¬
lars per annum permanent provision for the support of a blacksmith,
under the sixth article of the treaty of eighteen hundred and twenty;
and three hundred and twenty dollars permanent provision for iron
and steel, under the ninth article of the treaty of eighteen hundred
and twenty-five — shall continue to be paid to, or expended for the bene¬
fit of, the Choctaws as heretofore; or the same maybe applied to such
objects of general utility as may, from time to time, be designated by
the general council of the tribe, with the approbation of the Govern-
Fuads held m trust, ment of the United States. And the funds now held in trust by the
United States for the benefit of the Choctaws under former treaties,
or otherwise, shall continue to be so held; together with the sum of
five hundred thousand dollars out of the amount payable to them under
articles eighth and tenth of this agreement, and also whatever balance
shall remain, if any, of the amount that shall be allowed the Choctaws,
by the Senate, under the twelfth article hereof, after satisfying the
just liabilities of the tribe. The sums so to be held in trust shall con¬
stitute a general Choctaw fund, yielding an annual interest of not less
than five per centum; no part of which shall be paid out as annuity,
but shall be regularly and judiciously applied, under the direction of
the general council of the Choctaws, to the support of their govern-

535

TREATY WITH THE CHOCTAW AHD CHICKASAW, 1855.

ment, for purposes of education, and such other objects as may be best
calculated to promote and advance the improvement, welfare, and hap¬
piness of the Choctaw people and their descendants.

^ Article If. The United States shall protect the Choctaws and
Chickasaws from domestic strife, from hostile invasion, and from ag¬
gression by other Indians and white persons not subject to their juris¬
diction and laws; and for all injuries resulting from such invasion or
aggression, full indemnity is hereby guaranteed to the party or parties
injured, out of the Treasury of the United States, upon the same prin¬
ciple and according to the same rules upon which white persons are
entitled to indemnity for injuries or aggressions upon them, committed
by Indians.

Article 15. The Choctaws and Chickasaws shall promptly appre¬
hend and deliver up all persons accused of any crime or offence against
the laws of the United States, or of any State thereof, who may be
found within their limits, on demand of any proper officer of a State,
or of the United States.

Article 16. All persons licensed by the United States to trade with
the Choctaws or Chickasaws shall be required to pay to the respective
tribes a moderate annual compensation for the land and timber used
by them; the amount of such compensation, in each case, to be assessed
by the proper authorities of said tribe, subject to the approval of the
United States agent.

Article 17. The United States shall have the right to establish and
maintain such military posts, post-roads, and Indian agencies, as may
be deemed necessary within the Choctaw and Chickasaw country, but
no greater quantity of land or timber shall be used for said purposes,
than shall be actually requisite; and if, in the establishment or main¬
tenance of such posts, post-roads, and agencies, the property of any
Choctaw or Chickasaw shall be taken, injured, or destroyed, just and
adequate compensation shall be made by the United States. Only such
persons as are, or may be in the employment of the United States, or
subject to the jurisdiction and laws of the Choctaws, or Chickasaws,
shall be permitted to farm or raise stock within the limits of any of
said military posts or Indian agencies. And no offender against the
laws of either of said tribes, shall be permitted to take refuge therein.

Article 18. The United States, or* any incorporated company, shall
have the right of way for railroads, or lines of telegraphs, through
the Choctaw and Chickasaw country ; but for any property taken or
destroyed in the construction thereof, full compensation shall be made
to the party or parties injured, to be ascertained and determined in
such manner as the president of the United States shall direct.

Article 19. The United States shall, as soon as practicable, cause
the eastern and western boundary lines of the tract of country described
in the 1st article of this convention, and the western boundary of the
Chickasaw district, as herein defined, to be run and permanently
marked.

Article 20. That this convention may conduce as far as possible to
the restoration and preservation of kind and friendly feeling among
the Choctaws and Chickasaws, a general amnesty of all past offences,
committed within their country, is hereby declared.

And in order that their relations to each other and to the United
States may hereafter be conducted in a harmonious and satisfactory
manner, there shall be but one agent for the two tribes.

Article 21. This convention shall supersede and take the place of
all former treaties between the United States and the Choctaws, and
also, of all treaty stipulations between the United States and the Chicka¬
saws, and between the Choctaws and Chickasaws, inconsistent with
this agreement, and shall take effect and be obligatory upon the con¬
tracting parties, from the date hereof, whenever the same shall be rati¬
fied by the respective councils of the Choctaw and Chickasaw tribes,
and by the President and Senate of the United States.

Protection of said
Indians.

Extradition of crim¬
inals to United States
or particular States.

Payments by li¬
censed traders.

Military posts, post¬
roads, and agencies
may be established.

Right of way for rail¬
roads and telegraphs.

Boundary to be run
and marked.

General amnesty be¬
tween said tribes.

Only one agent to be
appointed.

This treaty to super¬
sede all former trea¬
ties with the Choctaw,
and all inconsistent
treaties with Chicka¬
saw, or between said
tribes.

When to take effect

536

TREATY WITH TRIBES OF MIDDLE OREGON, 1855.

United States to pay
the commissioners.

June 25, 1855.

12 Stats., p. 963.
Proclamation Apr.
18, 1859,

Ratified Mar. 8, 1859.

Cession of lands to
the United States.

Boundaries.

Reservation.

Boundaries.

Whites not to reside
thereon unless, etc.

Bands to settle
thereon within a year.

Article 22. It is understood and agreed that the expenses of the
respective commissioners of the two tribes, signing these articles of
agreement and convention, in coming to, and returning from this city,
and while here, shall be paid by the United States.

TREATY WITH TRIBES OF MIDDLE OREGON, 1855.

Articles of agreement and convention made ound concluded at Wasco,
near the Dalles of the Columbia River , in Oregon Territory , by Joel
Palmer, superintendent of Indian affairs, on the part of the United
States, and the following -named chief s and head-men of the confed¬
erated tribes and bands of India/ns, residing in Middle Oregon, they
being duly authorized thereto by their respective hands, to wit: Sym-
tustus, Locks-guis-sa, Shick-a-me, and Kuck-up, chiefs of the Taih
or TJpjper De Chutes band of Walla - Wallas; Stocket-ly and Iso,
chiefs of the Wyam or Lower De Chutes band of Walla - Wallas;
Alexis and Talkish, chiefs of the Tenino band of Walla - Wallas;
Wise , chief of the Dock-Spus or John Day’s Rimer band of Walla-
Wallas; Mark , William Chenook, and Cush-Kella, chiefs of the
Dalles band of the Wascoes ; Toh-simph, chief of the Ki-gal-t/wal-la
band of Wascoes; and Wal-la-chin, chief of the Dog River band of
Wascoes.

Article 1. The above-named confederated bands of Indians cede to
the United States all their right, title, and claim to all and every part
of the country claimed by them, included in the following boundaries,
to wit:

Commencing in the middle of the Columbia River, at the Cascade
Falls, and running thence southerly to the summit of the Cascade
Mountains; thence along said summit to the forty -fourth parallel of
north latitude; thence east on that parallel to the summit of the Blue
Mountains, or the western boundary of the Sho-sho-ne or Snake coun¬
try; thence northerly along that summit to a point due east from the
head-waters of Willow Creek; thence west to the head- waters of said
creek; thence down said stream to its junction with the Columbia
River; and thence down the channel of the Columbia River to the place
of beginning. Provided , however, that so much of the country described
above as is contained in the following boundaries, shall, until otherwise
directed by the President of the United States, be set apart as a resi¬
dence for said Indians, which tract for the purposes contemplated shall
be held and regarded as an Indian reservation, to wit:

Commencing in the middle of the channel of the De Chutes River
opposite the eastern termination of a range of high lands usually know
as the Mutton Mountains; thence westerly to the summit of said
range, along the divide to its connection with the Cascade Mountains;
thence to the summit of said mountains; thence southerly to Mount
Jefferson; thence down the main branch of De Chutes River; heading
in this peak, to its junction with De Chutes River; and thence down
the middle of the channel of said river to the place of beginning. All
of which tract shall be. set apart, and, so far as necessary, surveyed
and marked out for their exclusive use; nor shall any white person be
permitted to reside upon the same without the concurrent permission
of the agent and superintendent.

The said bands and tribes agree to remove to and settle upon the same
within one year after the ratification of this treaty, without any addi¬
tional expense to the United States other than is provided for bv this
treaty; and, until the expiration of the time specified, the said bands
shall be permitted to occupy and reside upon the tracts now possessed
by them, guaranteeing to all white citizens the right to enter upon and

TREATY WITH TRIBES OF MIDDLE OREGON, 1855.

587

occupy as settlers any lands not included in said reservation, and not
actually inclosed by said Indians. Provided , however , That prior to the
removal of said Indians to said reservation, and before any improve¬
ments contemplated b}r this treaty shall have been commenced, that if
the three principal bands, to wit: the Wascopum, Tiah, or Upper De
Chutes, and the Lower De Chutes bands of Walla-Wallas shall express
in council, a desire that some other reservation may be selected for them,
that the three bands named may select each three persons of their
respective bands, who with the superintendent of Indian affairs or
agent, as may by him be directed, shall proceed to examine, and if
another location can be selected, better suited to the condition and
wants of said Indians, that is unoccupied by the whites, and upon
which the board of commissioners thus selected may agree, the same
shall be declared a reservation for said Indians, instead of the tract
named in this treaty. Provided , also, That the exclusive right of tak¬
ing fish in the streams running through and bordering said reservation
is hereby secured to said Indians; and at all other usual and accustomed
stations, in common with citizens of the United States, and of erecting
suitable houses for curing the same; also the privilege of hunting, gath¬
ering roots and berries, and pasturing their stock on unclaimed lands, in
common with citizens, is secured to them. And provided, also , That if
any band or bands of Indians, residing in and claiming any portion or
portions of the country in this article, shall not accede to the terms of
this treaty, then the bands becoming parties hereunto agree to receive
such part of the several and other payments herein named as a considera¬
tion for the entire country described as aforesaid as shall be in the pro¬
portion that their aggregate number may have to the whole number of
Indians residing in and claiming the entire country aforesaid, as con¬
sideration and payment, in full for the tracts in said country claimed
by them. And provided, also. That where substantial improvements
have been made by any members of the bands being parties to this
treaty, who are compelled to abandon them in consequence of said
treaty, the same shall be valued, under the direction of the President
of the United States, and payment made therefor; or, in lieu of said
payment, improvements of equal extent and value at their option shall
be made for them on the tracts assigned to each respectively.

Article 2. In consideration of, and payment for, the country here¬
by ceded, the United States agree to pay the bands and tribes of Indians
claiming territory and residing in said country, the several sums of
money following, to wit:

Eight thousand dollars per annum for the first five years, commenc¬
ing on the first day of September, 1856, or as soon thereafter as prac¬
ticable.

Six thousand dollars per annum for the term of five years next suc¬
ceeding the first five.

Four thousand dollars per annum for the term of five years next
succeeding the second five; and

Two thousand dollars per annum for the term of five years next suc¬
ceeding the third five.

All of which several sums of money shall be expended for the use
and benefit of the confederated bands, under the direction of the Pres¬
ident of the United States, who may from time to time, at his dis¬
cretion determine what proportion thereof shall be expended for such
objects as in his judgment will promote their well-being and advance
them in civilization; for their moral improvement and education; for
building, opening and fencing farms, breaking land, providing teams,
stock, agricultural implements, seeds, &c. ; for clothing, provisions,
and tools; for medical purposes, providing mechanics and farmers, and
for arms and ammunition. ‘

Article 3. The United States agree to pay said Indians the addi¬
tional sum of fifty thousand dollars, a portion whereof shall be applied

Another reser nation
to be selected in lien
of this, if, etc.

Rights and privi¬
leges secured to In¬
dians.

See Art. 1, treaty of
Nov. 1, 1865.

Proviso in case any
band does not accede
to this treaty.

Allowance for im¬
provements if, etc.

Payments by the
United States.

How to be ex¬
pended.

150,000 additional to
be expended for build¬
ings, etc.

538

TREATY WITH TRIBES OF MIDDLE OREGON, 1855.

United States to
erect sawmills, school -
liouse, etc.

To furnish farmer,
mechanics, physician,
etc.

To erect dwelling
houses, etc., for head
chiefs.

Successor of head
chief to take them.

Lands may be al¬
lotted to individual
Indians for perma¬
nent homes.

Patents to issue
therefor; conditions
thereof.

Restrictions not to
he removed without,
etc.

to the payment for such articles as may be advanced them at the time
of signing this treaty, and in providing, after the ratification thereof
and prior to their removal, such articles as may be deemed by the
President essential to their want; for the erection of buildings on the
reservation, fencing and opening farms; for the purchase of teams,
farming implements, clothing and provisions, tools, seeds, and for the
payment of employees; and for subsisting the Indians the first year
after their removal.

Article 4. In addition to the considerations specified the United
States agree to erect, at suitable points on the reservation, one saw¬
mill and one flouring-mill; suitable hospital buildings; one school-house;'
one blacksmith-shop with a tin and a gunsmith-shop thereto attached;
one wagon and ploughmaker shop; and for one sawyer, one miller, one
superintendent of farming operations, a farmer, a physician, a school¬
teacher, a blacksmith, and a wagon and ploughmaker, a dwelling
house and the requisite outbuildings for each; and to purchase and
keep in repair for the time specified for furnishing employees all
necessary mill-fixtures, mechanics’ tools, medicines and hospital stores,
books and stationery for schools, and furniture for employees.

The United States further engage to secure and pay for the services
and subsistence, for the term of fifteen years, of one farmer, one
blacksmith, and one wagon and plough maker; and for the term of
twenty years, of one physician, one sawyer, one miller, one superin¬
tendent of farming operations, and one school teacher.

The United States also engage to erect four dwelling-houses, one
for the head chief of the confederated bands, and one each for the
Upper and Lower De Chutes bands of Walla-Wallas, and for the Was-
copum band of Wascoes, and to fence and plough for each of the said
chiefs ten acres of land; also to pay the head chief of the confederated
bands a salary of five hundred dollars per annum for twenty years,
commencing six months after the three principal bands named in this
treaty shall have removed to the reservation, or as soon thereafter as a
head chief should be elected: And provided, also, That at anytime
when by the death, resignation, or removal of the chief selected, there
shall be a vacancy and a successor appointed or selected, the salary,
the dwelling, and improvements shall be possessed by said successor,
so long as he shall occupy the position as head chief; so also with refer¬
ence to the dwellings and improvements provided for by this treaty
for the head chiefs of the three principal bands named.

Article 5. The President may, from time to time, at his discretion,
cause the whole, or such portion as he may think proper, of the tract
that may now or hereafter be set apart as a permanent home for these
Indians, to be surveyed into lots and assigned to such Indians of the
confederated bands as may wish to enjoy the privilege, and locate
thereon permanently. To a single person over twenty -one years of
age, forty acres; to a family of two persons, sixty acres; to a family
of three and not exceeding five, eighty acres; to a family of six per¬
sons, and not exceeding ten, one hundred and twenty acres; and to
each family over ten in number, twenty acres for each additional three
members. And the President may provide such rules and regulations
as will secure to the family in case of the death of the head thereof
the possession and enjoyment of such permanent home and the improve¬
ment thereon; and he may, at any time, at his discretion, after such
person or family has made location on the land assigned as a perma¬
nent home, issue a patent to such person or family for such assigned
land, conditioned that the tract shall not be aliened or leased for a
longer term than two years and shall be exempt from levy, sale, or
forfeiture, which condition shall continue in force until a State consti¬
tution embracing such lands within its limits shall have been formed,
and the legislature of the State shall remove the restrictions. Pro¬
vided, however, That no State legislature shall remove the restrictions

TREATY WITH THE QUINAIELT, ETC., 1855.

539

herein provided for without the consent of Congress. And provided ,
also , That if any person or family shall at any time neglect or refuse
to occupy or till a portion of the land assigned and on which they have
located, or shall roam from place to place indicating a desire to aban¬
don his home, the President may, if the patent shall have been issued, cef^ent may be can'
revoke the same, and if not issued, cancel the assignment, and may
also withhold from such person, or family, their portion of the annui¬
ties, or other money due them, until they shall have returned to such
permanent home and resumed the pursuits of industry, and in default of
their return the tract may be declared abandoned, and thereafter
assigned to some other person or family of Indians residing on said
reservation.

Article 6. The annuities of the Indians shall not be taken to pay Annuities of indi-
the debts of individuals. fnlivSnai?.^ debtof

Article 7. The confederated bands acknowledge their dependence Bands to preserve
on the Government of the United States, and promise to be friendly friendlyrelatlons-
with all the citizens thereof, and pledge themselves to commit no dep¬
redation on the property of said citizens; and should any one or more
of the Indians violate this pledge, and the fact be satisfactorily proven . to pay for depreda-
before the agent, the property taken shall be returned, or in default tlons'
thereof, or if injured or destroyed, compensation may be made by the
Government out of their annuities; nor will they make war on any Not to make war,
other tribe of Indians except in self-defence, but submit all matters except> etc-
of difference between them and other Indians to the Government of
the United States, or its agents for decision, and abide thereby; and if
any of the said Indians commit any depredations on other Indians, the
same rule shall prevail as that prescribed in the case of depredations
against citizens; said Indians further engage to submit to and observe
all laws, rules, and regulations which may be prescribed by the United
States for the government of said Indians.

Article 8. In order to prevent the evils of intemperance among Annuities to be
said Indians, it is hereby provided, that if any one of them shall drink S/Sg liqu™ Sex-
liquor to excess, or procure it for others to drink, his or her propor- cess,
tion of the annuities may be withheld from him or her for such time
as the President may determine.

Article 9. The said confederated bands agree that whensoever, in Roads, etc., may be
the opinion of the President of the United States, the public interest “af0enthrough reser'
may require it, that all roads, highways, and railroads shall have the
right of way through the reservation herein designated, or which may
at any time hereafter be set apart as a reservation for said Indians.

This treaty shall be obligatory on the contracting parties as soon as when treaty to take
the same shall be ratified by the President and Senate of the United efEect-
States.

TREATY WITH THE QUINAIELT, ETC., 1855.

Articles of agreement and convention made and concluded by and Juiyi, 1855.

between Isaac I. Stevens , governor and superintendent of Indian — _an- 25’ 1856~ -

affairs of the Territory of Washington, on the part of the United J>2rosct1aat^a9tgn> Apr.
States , and the undersigned chiefs, headmen, and delegates of the 11’R1^edMar 8 1859
different tribes and bands of the Qui-nai-elt and Quil-leh-ute Indians,
on the part of said tribes and bands, and duly authorized thereto by
them.

Article 1. The said tribes and bands hereby cede, relinquish, and
convey to the United States all their right, title, and interest m and
to the lands and country occupied by them, bounded and described as
follows: Commencing at a point on the Pacific coast, which is the
southwest corner of the lands lately ceded by the Makah tribe of
Indians to the United States, and running easterly with and along the

Surrender of lands
to the United States.

Boundaries.

540

TREATY WITH THE QUINAIELT, ETC., 1855.

Reservation within
the Territory of Wash¬
ington.

Whites not to reside
thereon, unless, etc.

Indians agree to
move and settle there.

Roads may be made.

Rights and privi¬
leges secured to the
Indians.

Payment by the
United States.

How to be applied.

Appropriation for
removal, for clearing
and fencinglands, etc

Indians may be re¬
moved from the reser¬
vation, etc.

Tribe annuities may
be consolidated.

southern boundary of the said Makah tribe to the middle of the coast
range of mountains; thence southerly with said range of mountains to
their intersection with the dividing ridge between the Chehalis and
Quiniatl Rivers; thence westerly with said ridge to the Pacific coast;
thence northerly along said coast to the place of beginning.

Article 2. There shall, however, be reserved, for the use and occu¬
pation of the tribes and bands aforesaid, a tract or tracts of land
sufficient for their wants within the Territory of Washington, to be
selected by the President of the United States, and hereafter surveyed
or located and set apart for their exclusive use, and no white man
shall be permitted to reside thereon without permission of the tribe
and of the superintendent of Indian affairs or Indian agent. And the
said tribps and bands agree to remove to and settle upon the same
within one year after the ratification of this treaty, or sooner if the
means are furnished them. In the meantime it shall be lawful for
them to reside upon any lands not in the actual claim and occupation
of citizens of the United States, and upon any lands claimed or occu¬
pied, if with the permission of the owner or claimant. If necessary
for the public convenience, roads may be run through said reservation,
on compensation being made for any damage sustained thereby.

Article 3. The right of taking fish at all usual and accustomed
grounds and stations is secured to said Indians in common with all
citizens of the Territory, and of erecting temporary houses for the
purpose of curing the same; together with the privilege of hunting,
gathering roots and berries, and pasturing their horses on all open
and unclaimed lands. Provided , however , That they shall not take
shell-fish from any beds staked or cultivated by citizens; and provided,
also, that they shall alter all stallions not intended for breeding, and
keep up and confine the stallions themselves.

Article 4. In consideration of the above cession, the United States
agree to pay to the said tribes and bands the sum of twenty-five thou¬
sand dollars, in the following manner, that is to say: For the first
year after the ratification hereof, two thousand five hundred dollars;
for the next two years, two thousand dollars each year; for the next
three years, one thousand six hundred dollars each year; for the next
four years, one thousand three hundred dollars each year; for the
next five years, one thousand dollars each year; and for the next five
years, seven hundred dollars each year. All of which sums of money
shall be applied to the use and benefit of the said Indians under the
directions of the President of the United States, who may from time
to time, determine at his discretion upon what beneficial objects to
expend the same; and the superintendent of Indian affairs, or other
proper officer, shall each year inform the President of the wishes of
said Indians in respect thereto.

Article 5. To enable the said Indians to remove to and settle upon
such reservation as may be selected for them by the President,, and to
clear, fence, and break up a sufficient quantity of land for cultivation,
the United States further agree to pay the sum of two thousand five
hundred dollars, to be laid out and expended under the direction of
the President, and in such manner as he shall approve.

Article 6. The President may hereafter, when in his opinion the
interests of the Territory shall require, and the welfare of the said
Indians be promoted by it, remove them from said reservation or res¬
ervations to such other suitable place or places within said Territory as
he may deem fit, on remunerating them for their improvements and the
expenses of their removal, or may consolidate them with other friendly
tribes or bands, in which latter case the annuities, payable to the con¬
solidated tribes respectively, shall also be consolidated; and he may
further, at his discretion, cause the whole or any portion of the lands
to be reserved, or of such other land as may be selected in lieu thereof.

TREATY WITH THE QUIUAIELT, ETC., 1855.

541

to be surveyed into lots, and assign the same to such individuals or
families as are willing to avail themselves of the privilege, and will
locate on the same as a permanent home, on the same terms and subject
to the same regulations as are provided in the sixth article of the treaty
with the Omahas, so far as the same may be applicable. Any substan¬
tial improvements heretofore made by any Indians, and which they
shall be compelled to abandon in consequence of this treaty, shall be
valued under the direction of the President, and payment made accord¬
ingly therefor.

Article 7. The annuities of the aforesaid tribes and bands shall not
be taken to pay the debts of individuals.

Article 8. The said tribes and bands acknowledge their dependence
on the Government of the United States, and promise to be friendly
with all citizens thereof, and pledge themselves to commit no depreda¬
tions on the property of such citizens; and should any one or more of
them violate this pledge, and the fact be satisfactorily proven before
the agent, the property taken shall be returned, or in default thereof,
or if injured or destroyed, compensation may be made by the Govern¬
ment out of their annuities. Nor will they make war on any other
tribe except in self-defence, but will submit all matters of difference
between them and other Indians to the Government of the United
States, or its agent, for decision and abide thereby; and if any of the
said Indians commit any depredations on any other Indians within the
Territory, the same rule shall prevail as is prescribed in this article in
case of depredations against citizens. And the said tribes and bands
agree not to shelter or conceal offenders against the laws of the United
States, but to deliver them to the authorities for trial.

Article 9. The above tribes and bands are desirous to exclude from
their reservations the use of ardent spirits, and to prevent their people
from drinking the same, and therefore it is provided that any Indian
belonging to said tribes who is guilty of bringing liquor into said res¬
ervations, or who drinks liquor, may have his or her proportion of
the annuities withheld from him or her, for such time as the President
may determine.

Article 10. The United States further agree to establish at the
general agency for the district of Puget Sound, within one year from
the ratification hereof, and to support for a period of twenty years, an
agricultural and industrial school, to be free to the children of the
said tribes and bands in common with those of the other tribes of said
district, and to provide the said school with a suitable instructor or
instructors, and also to provide a smithy and carpenter’s shop, and
furnish them with the necessary tools, and to employ a blacksmith,
carpenter, and farmer for a term of twenty years, to instruct the Indians
in their respective occupations. And the United States further agree
to employ a physician to reside at the said central agency, who shall
furnish medicine and advice to their sick, and shall vaccinate them;
the expenses of the said school, shops, employees, and medical attend¬
ance to be defrayed by the U nited States, and not deducted from their
annuities.

Article 11. The said tribes and bands agree to free all slaves now
held by them, and not to purchase or acquire others hereafter.

Article 12. The said tribes and bands finally agree not to trade at
Vancouver’s Island or elsewhere out of the dominions of the T nited
States, nor shall foreign. Indians be permitted to reside on their res¬
ervations without consent of the superintendent or agent.

Article 13. This treaty shall be obligatory on the contracting par¬
ties as soon as the same shall be ratified by the President and Senate
of the United States.

Annuities of tribes
not to pay debts of in¬
dividuals.

Tribes to preserve
friendly relations, etc.

To pay for depreda¬
tions.

Not to make vrar,
except, ete.

To surrender offend¬
ers.

Annuities to be
withheld from those
drinking, etc., ardent
spirits.

United States to es-
tablish agricultural
schools, etc.

To employ me¬
chanics, etc., a physi¬
cian, etc.

The tribes are to free
all slaves and not to
acquire others.

Not to trade out of
the United States.

Foreign Indians not
to reside on reserva¬
tion.

When treaty to take
effect.

542

TREATY WITH THE FLATHEADS, ETC., 1855.

July 16, 1855.

12 Stats., p. 975.
Proclaimed Apr. 18,
1859.

Ratified Mar. 8, 1859.

Cession of lands to
the United States.

Boundaries.

Reservation.

Boundaries.

Whites not to reside
thereon unless, etc.

TREATY WITH THE FLATHEADS, ETC., 1855.

Articles of agreement and convention made and concluded at the treaty -
ground at Hell Gate , in the Bitter Root Valley , this sixteenth day of
July , in the year one thousand eight hundred and fifty -five, by and
between Isaac I. Stevens , governor and superintendent of Indian
affairs for the Territory of Washington , on the part of the United
States , and the undersigned chiefs , head-men , and delegates of the
confederated tribes of the Flathead , Kootenay , and Upper Pend
d'’ Or elites Indians , on behalf of and acting for said confederated
tribes , and being duly authorized thereto by them. It being under¬
stood and agreed that the said confederated tribes do hereby constitute
a nation , under the name of the Flathead Nation , with Victor , the
head chief of the Flathead tribe , as the head chief of the said nation,
and that the several chiefs , head-men , and delegates , whose names are
signed to this treaty , do hereby , in behalf of their respective tribes ,
recognise Victor as said head chief.

Article 1. The said confederated tribes of Indians hereby cede, relin¬
quish, and convey to the United States all their right, title, and inter¬
est in and to the country occupied or claimed by them, bounded and
described as follows, to wit:

Commencing on the main ridge of the Rocky Mountains at the forty-
ninth (49th) parallel of latitude, thence westwardly on that parallel to
the divide between the Flat-bow or Kootenay River and Clarke’s Fork,
thence southerly and southeasterly along said divide to the one hun¬
dred and fifteenth degree of longitude, (115°,) thence in a southwest¬
erly direction to the divide between the sources of the St. Regis Borgia
and the Coeur d’Alene Rivers, thence southeasterly and southerly along
the main ridge of the Bitter Root Mountains to the divide between the
head- waters of the Koos-koos-kee River and of the southwestern fork
of the Bitter Root River, thence easterly along the divide separating
the waters of the several tributaries of the Bitter Root River from the
waters flowing into the Salmon and Snake Rivers to the main ridge of
the Rocky Mountains, and thence northerly along said main ridge to
the place of beginning.

Article 2. There is, however, reserved from the lands above ceded,
for the use and occupation of the said confederated tribes, and as a
general Indian reservation, upon which may be placed other friendly
tribes and bands of Indians of the Territory of Washington who may
agree to be consolidated with the tribes parties to this treaty, under
the common designation of the Flathead Nation, with Victor, head
chief of the Flathead tribe, as the head chief of the nation, the tract
of land included within the following boundaries, to wit:

Commencing at the source of the main branch of the Jocko River;
thence along the divide separating the waters flowing into the Bitter
Root River from those flowing into the Jocko to a point on Clarke’s
Fork between the Camash and Horse Prairies; thence northerly to,
and along the divide bounding on the west the Flathead River, to a
point due west from the point half way in latitude between the north¬
ern and southern extremities of the Flathead Lake; thence on a due
east course to the divide whence the Crow, the Prune, the So-ni-el-em
and the Jocko Rivers take their rise, and thence southerly along said
divide to the place of beginning.

All which tract shall be set apart, and, so far as necessary, surveyed and
marked out for the exclusive use and benefit of said confederated tribes
as an Indian reservation. Nor shall any white man, excepting those
in the employment of the Indian department, be permitted to reside
upon the said reservation without permission of the confederated tribes,

543

TREATY WITH THE FLATHEADS, ETC., 1855.

and the superintendent and agent. And the said confederated tribes
agree to remove to and settle upon the same within one vear after the
ratification of this treaty. In the meantime it shall be lawful for them
to reside upon any ground not in the actual claim and occupation of
citizens of the United States, and upon any ground claimed or occu¬
pied, if with the permission of the owner or claimant.

Guaranteeing however the right to all citizens of the United States
to enter upon and occupy as settlers any lands not actually occupied
and cultivated by said Indians at this time, and not included in the
reservation above named. Andprovided , That any substantial improve¬
ments heretofore made by any Indian, such as fields enclosed and
cultivated and houses erected upon the lands hereby ceded, and which
he may be compelled to abandon in consequence of this treaty, shall
be valued under the direction of the President of the United States,
and payment made therefor in money, or improvements of an equal
value be made for said Indian upon the reservation; and no Indian
will be required to abandon the improvements aforesaid, now occupied
by him, until their value in money or improvements of an equal value
shall be furnished him as aforesaid.

Article 3. And provided , That if necessary for the public con¬
venience roads may be run through the said reservation; and, on the
other hand, the right of way with free access from the same to the
nearest public highway is secured to them, as also the right in com¬
mon with citizens of the United States to travel upon all public
highways.

The exclusive right of taking fish in all the streams running through
or bordering said reservation is further secured to said Indians; as
also the right of taking fish at all usual and accustomed places, in com¬
mon with citizens of the Territory, and of erecting temporary buildings
for curing; together with the privilege of hunting, gathering roots and
berries, and pasturing their horses and cattle upon open and unclaimed
land.

Article 4. In consideration of the above cession, the United States
agree to pay to the said confederated tribes of Indians, in addition to
the goods and provisions distributed to them at the time of signing
this treaty the sum of one hundred and twenty thousand dollars, in
the following manner — that is to say: For the first year after the ratifi¬
cation hereof, thirty-six thousand dollars, to be expended under the
direction of the President, in providing for their removal to the reserva¬
tion, breaking up and fencing farms, building houses for them, and
for such other objects as he may deem necessary. For the next four
years, six thousand dollars each year; for the next five years, five
thousand dollars each year; for the next five years, four thousand
dollars each year; and for the next five years, three thousand dollars
each year.

All which said sums of money shall be applied to the use and benefit
of the said Indians, under the direction of the President of the United
States, who may from time to time determine, at his discretion, upon
what beneficial objects to expend the same for them, and the superin¬
tendent of Indian affairs, or other proper officer, shall each year inform
the President of the wishes of the Indians in relation thereto.

Article 5. The United States further agree to establish at suitable
points within said reservation, within one year after the ratification
hereof, an agricultural and industrial school, erecting the necessary
buildings, keeping the same in repair, and providing it with furniture,
books, and stationery, to be located at the agency, and to be free to
the children of the said tribes, and to employ a suitable instructor or
instructors. To furnish one blacksmith shop, to which shall be attached
a tin and gun shop; one carpenter’s shop; one wagon and plough-
maker’s shop; and to keep the same in repair, and furnished with the

Indians to be al¬
lowed for improve¬
ments on land ceded.

Roads may be made
through reservation.

Rights and privi¬
leges of Indians.

Payments by the
United States.

How to be applied.

United States to es¬
tablish schools.

Mechanics’ shop.

544 TREATY WITH THE FLATHEADS, ETC., 1855.

necessary tools. To employ two farmers, one blacksmith, one tinner,
one gunsmith, one carpenter, one wagon and plough maker, for the
instruction of the Indians in trades, and to assist them in the same. To
erect one saw-mill and one flouring-mill, keeping the same in repair
and furnished with the necessary tools and fixtures, and to employ two
Hospital. millers. To erect a hospital, keeping the same in repair, and provided

with the necessary medicines and furniture, arid to employ a physician;
and to erect, keep in repair, and provide the necessary furniture the
buildings required for the accommodation of the said employees. The
said buildings and establishments to be maintained and kept in repair
as aforesaid, and the employees to be kept in service for the period
of twenty years.

head chiefs salary t0 And in view of the fact that the head chiefs of the said confederated
tribes of Indians are expected and will be called upon to perform many
services of a public character, occupying much of their time, the United
States further agree to pay to each of the Flathead, Kootenay, and
Upper Pend d’Oreilles tribes five hundred dollars per year, for the
term of twenty years after the ratification hereof, as a salary for such
persons as the said confederated tribes may select to be their head
chiefs, and to build for them at suitable points on the reservation a
comfortable house, and properly furnish the same, and to plough and
fence for each of them ten acres of land. The salary to be paid to,
and the said houses to be occupied by, such head chiefs so long as they
may be elected to that position by their tribes, and no longer,
b SniTbTthe And all the expenditures and expenses contemplated in this article
united states and not of this treaty shall be defrayed by the United States, and shall not be
charged on annuities. deducted from the annuities agreed to be paid to said tribes. Nor
shall the cost of transporting the goods for the annuity payments be a
charge upon the annuities, but shall be defrayed by the United States.

Article 6. The President may from time to time, at his discretion,
cause the whole, or such portion of such reservation as he may think
Lots may be as- proper, to be surveyed into lots, and assign the same to such individuals
signe o m m a . ^ |am|peg ^he sajq confederated tribes as are willing to avail them¬
selves of the privilege, and will locate on the same as a permanent
home, on the same terms and subject to the same regulations as are
Ante, p. 455. provided in the sixth article of the treaty with the Omahas, so far as
the same may be applicable.

indMduate’ debte.pay Article 7. The annuities of the aforesaid confederated tribes of
Indians shall not be taken to pay the debts of individuals,
frimidfy relations6176 Article 8. The aforesaid confederated tribes of Indians acknowledge

their dependence upon the Government of the United States, and
promise to be friendly with all citizens thereof, and pledge themselves
depredations, Pnot fto commit no depredations upon the property of such citizens. And
make war except, etc. should any one or more of them violate this pledge, and the fact be
satisfactorily proved before the agent, the property taken shall be
returned, or, in default thereof, or if injured or destroyed, compensa¬
tion may be made by the Government out of the annuities. Nor will
they make war on any other tribe except in self-defence, but will sub¬
mit all matters of difference between them and other Indians to the
Government of the United States, or its agent, for decision, and abide
thereby And if any of the said Indians commit any depredations on
any other Indians within the jurisdiction of the United States, the
same rule shall prevail as that prescribed in this article, in case of
To surrender offend- depredations against citizens. And the said tribes agree not to shelter
ers- or conceal offenders against the laws of the United States, but to

deliver them up to the authorities for trial,
se^ednomthosewho Article 9. The said confederated tribes desire to exclude from their
drink, retc., Ardent reservation the use of ardent spirits, and to prevent their people from
spirits. drinking the same; and therefore it is provided that any Indian belong¬

ing to said confederated tribes of Indians who is guilty of bringing
liquor into said reservation, or who drinks liquor, may have his or her

TREATY WITH THE OTTAWA AND CHIPPEWA, 1855.

545

proportion of the annuities withheld from him or her for such time as
the President may determine.

Article 10. The United States further agree to guaranty the exclu- Guaranty of reaerva-
sive use of the reservation provided for in this treaty, as against any Smsa?f Hudsonsly
claims which may be urged by the Hudson Bay Company under the company,
provisions of the treaty between the United States and Great Britain
of the fifteenth of June, eighteen hundred and forty -six, in conse¬
quence of the occupation of a trading-post on the Pru-in River by the
servants of that company.

• Article 11. It is, moreover, provided that the Bitter Root Valley, Bitter Root vaiiey
above the Loo-lo Fork, shall be carefully surveyed and examined, and portionSsUmaye<beaset
if it shall prove, in the judgment of the President, to be better adapted apart for reservation,
to the wants of the Flathead tribe than the general reservation pro¬
vided for in this treaty, then such portions of it as may be necessary
shall be set apart as a separate reservation for the said tribe. No Meanwhile not to
portion of the Bitter Root Valley, above the Loo-lo Fork, shall be Sentpened for settle‘
opened to settlement until such examination is had and the decision of
the President made known.

Article 12. This treaty shall be obligatory upon the contracting effWhen treaty to take
parties as soon as the same shall be ratified by the President and Senate eflect'
of the United States.

TREATY WITH THE OTTAWA AND CHIPPEWA, 1855.

Articles of agreement and convention made and concluded at the city July 31, 1855~
of Detroit, in the State of Michigan, this the thirty-first day of July, procfaimedSePt 10
one thousand eight hundred and fifty-five, between George W. Many- 1856.
penny and Henry C. Gilbert , commissioners on the part of the i8j|atlfled’ Apnl 15
United States , and the Ottawa and Chippewa Indians of Michigan,
parties to the treaty of March 28, 1836.

In view of the existing condition of the Ottowas and Chippewas, and
of their legal and equitable claims against the United States, it is
agreed between the contracting parties as follows:

Article 1. The United States will withdraw from sale for the bene- certain lands in
fit of said Indians as hereinafter provided, all the unsold public lands drawif from sale,
within the State of Michigan embraced in the following descriptions,
to wit:

First. For the use of the six bands residing at and near Saulte Ste. For use of the six
Marie, sections 13, 14, 23, 24, 25, 26, 2T, and 28, in township 47 north, saStstcf Marie. near
range 5 west; sections 18, 19, and 30, in township 47 north, range 4
west; sections 11, 12, 13, 14, 15, 22, 23, 25, and 26, in township 47
north, range 3 west, and section 29 in township 47 north, range 2 west;
sections 2, 3, 4, 11, 14, and 15 in township 47 north, range 2 east, and sec¬
tion 34 in township 48 north, range 2 east; sections 6, 7, 18, 19, 20, 28,

29, and 33 in township 45 north, range 2 east; sections 1, 12, and 13,
in township 45 north, range 1 east, and section 4 in township 44 north,
range 2 east.

Second. For the use of the bands who wish to reside north of the ba^rs t 0f
Straits of Macinac, townships 42 north, ranges 1 and 2 west; town- Straits of Mackinac,
ship 43 north, range 1 west, and township 44 north, range 12 west.

Third. For the Beaver Island Band— High Island, and Garden Island, laSrb^| Beaver Is'
in Lake Michigan, being fractional townships 38 and 39 north, range
11 west— 40 north, range 10 west, and in part 39 north, range 9 and

10FouSrth. For the Cross Village, Middle Village, L’Arbrechroche and ba^s certain other
Bear Creek bands, and of such Bay du Noc and Beaver Island Indians
as may prefer to live with them, townships 34 to 39, inclusive, north,
range 5 west — townships 34 to 38, inclusive, north, range 6 west— town-

S. Doc. 452 - 35

546

TREATY WITH THE OTTAWA AND CHIPPEWA, 1855.

For bands who are
usually paid at Grand
Traverse Township.

For the Thunder
Bay band.

Purchase for bands
who wish to locate
near the missionary
lands at Iroquois
Point.

Listof those entitled
to be prepared.

Selections may be
made within five
years.

Sale within ten
years forbidden.

ships 34, 36, and 37 north, range 7 west, and all that part of township
34 north, range 8 west, lying north of Pine River.

Fifth. For the bands who usually assemble for payment at Grand
Traverse, townships 29, 30, and 31 north, range 11 west, and town¬
ships 29, 30, and 31 north, range 12 west, and the east half of town¬
ship 29 north, range 9 west.

Sixth. For the Grand River bands, township 12 north, range 15
west, and townships 15, 16, 17 and 18 north range, 16 west.

Seventh. For the Cheboygan band, townships 35 and 36 north, range
3 west.

Eighth. For the Thunder Bay band, section 25 and 36 in township 30
north, range 7 east, and section 22 in township 30 north, range 8 east.

Should either of the bands residing near Sault Ste. Marie determine
to locate near the lands owned by the missionary society of the Meth¬
odist Episcopal Church at Iroquois Point, in addition to those who
now reside there, it is agreed that the United States will purchase as
much of said lands for the use of the Indians as the society may be
Willing to sell at the usual Government price.

The United States will give to each Ottowa and Chippewa Indian
being the head of a family, 80 acres of land, and to each single person
over twenty-one years of age, 40 acres of land, and to each family of
orphan children under twenty-one years of age containing two or more
persons, 80 acres of land, and to each single orphan child under
twenty-one years of age, 40 acres of land to be selected and located
within the several tracts of land hereinbefore described, under the
following rules and regulations:

Each Indian entitled to land under this article may make his own
selection of any land within the tract reserved herein for the band to
which he may belong — Provided , That in case of two or more Indians
claiming the same lot or tract of land, the matter shall be referred to
the Indian agent, who shall examine the case and decide between the
parties.

For the purpose of determining who may be entitled to land under
the provisions of this article, lists shall be prepared by the Indian
agent, which lists shall contain the names of all persons entitled, desig¬
nating them in four classes. Class 1st, shall contain the names of
heads of families; class 2d, the names of single persons over twenty-
one years of age; class 3d, the names of orphan children under
twenty-one years of age, comprising families of two or more persons,
and class 4th, the names of single orphan children under twenty-one
years of age, and no person shall be entered in more than one class.
Such lists shall be made and closed by the first day of July, 1856, and
thereafter no applications for the benefits of this article will be allowed.

At any time within five years after the completion of the lists, selec¬
tions of lands may be made by the persons entitled thereto, and a
notice thereof, with a description of the land selected, filed in the
office of the Indian agent in Detroit, to be by him transmitted to the
Office of Indian Affairs at Washington City.

All sections of land under this article must be made according to the
usual subdivisions; and fractional lots, if containing less than 60 acres,
may be regarded as forty-acre lots, if over sixty and less than one
hundred and twenty acres, as eighty-acre lots. Selections for orphan
children may be made by themselves or their friends, subject to the
approval of the agent.

After selections are made, as herein provided, the persons entitled
to the land may take immediate possession thereof, and the United
States will thenceforth and until the issuing of patents as hereinafter
provided, hold the same in trust for such persons, and certificates shall
be issued, in a suitable form, guaranteeing and securing to the holders
their possession and an ultimate title to the land. But such certificates
shall not be assignable and shall contain a clause expressly prohibiting
the sale or transfer by the holder of the land described therein.

547

TBEATY WITH THE OTTAWA AND CHIPPEWA, 1855.

After the expiration of ten years, such restriction on the power of ffte/ ,teff . years a
sale shall be withdrawn, and a patent shall be issued in the usual form restrictions on sales
to each original holder of a certificate for the land described therein, cease‘

Provided That such restriction shall cease only upon the actual issu¬
ing of the patent; And provided further That the President may in
his discretion at any time in individual cases on the recommendation
of the Indian agent when it shall appear prudent and for the welfare
of any holder of a certificate, direct a patent to be issued. And pro¬
vided also , That after the expiration of ten years, if individual cases
shall be reported to the President by the Indian agent, of persons who
may then be incapable of managing their own affairs from any reason
whatever, he may direct the patents in such cases to be withheld, and
the restrictions provided by the certificate, continued so long as he may
deem necessary and proper.

Should any of the heads of families die before the issuing of the Provision for case of
certificates or patents herein provided for, the same shall issue to the death-
heirs of such deceased persons.

The benefits of this article will be extended only to those Indians shanlSdMs treaty
who are at this time actual residents of the State of Michigan, and
entitled to participate in the annuities provided by the treaty of March
28, 1836; but this provision shall not be construed to exclude any
Indian now belonging to the Garden River band of Sault Ste. Marie.

All the land embraced within the tracts hereinbefore described, that remainingeiJndsSmay
shall not have been appropriated or selected within five years shall be entered in theusuay
remain the property of the United States, and the same shall thereafter, fo^flve years°dand
for the further term of five years, be subject to entry in the usual man- then by anyone,
ner and at the same rate per acre, as other adjacent public lands are
then held, by Indians only; and all lands, so purchased by Indians, shall
be sold without restriction, and certificates and patents shall be issued
for the same in the usual form as in ordinary cases; and all lands re¬
maining unappropriated by or unsold to the Indians after the expira¬
tion of the last-mentioned term, may be sold or disposed of by the
United States as in the case of all other public lands.

Nothing contained herein shall be so construed as to prevent the SChooisteetc clmayhbe
appropriation, by sale, gift, or otherwise, by the United States, of any made. ’
tract or tracts of land within the aforesaid reservations for the loca¬
tion of churches, school-houses, or for other educational purposes, and
for such purposes purchases of land may likewise be made from the Indians may sen
Indians, the consent of the President of the United States, having, in 3. President’s con-
every instance, first been obtained therefor.

It is also agreed that any lands within the aforesaid tracts now occu¬
pied by actual settlers, or by persons entitled to pre-emption thereon,
shall be exempt from the provisions of this article; provided, that
such pre-emption claims shall be proved, as prescribed bv law, before
the 1st day of October next.

Any Indian who may have heretofore purchased land for actual set¬
tlement, under the act of Congress known as the Graduation Act, may
sell and dispose of the same; and, in such case, no actual occupancy or
residence by such Indians on lands so purchased shall be necessary to
enable him to secure a title thereto.

In consideration of the benefits derived to the Indians on Grand
Traverse Bav bv the school and mission established in 1838, and still
continued by the Board of Foreign Missions of the Presbyterian
Church, it is agreed that the title to three separate pieces of land,
being parts of tracts Nos. 3 and 4, of the west fractional half of section 35,
township. 30 north, range 10 west, on which are the mission and school
buildings and improvements, not exceeding in all sixty -three acres, one
hundred and twenty-four perches, shall be vested in the said board on
payment of $1.25 'per acre; and the President of the United States
shall issue a patent for the same to such person as the said board shall
appoint.

548

TREATY WITH THE OTTAWA AND CHIPPEWA, 1855.

Payments to said In¬
dians.

Eighty thousand
dollars in ten equal
annual installments.

Seventy-five thou¬
sand dollars in five
equal annual install¬
ments.

Forty-two thousand
four hundred dollars
for blacksmith shops.

Three hundred and
six thousand dollars
“to be paid per cap¬
ita.”

$35,000 in ten an¬
nual installments.

Liabilities under
former treaties re¬
leased.

The United States will also pay the further sum of forty thousand
dollars, or so much thereof as may be necessary, to be applied in
liquidation of the present just indebtedness of the said Ottawa and
Chippewa Indians; provided, that all claims presented shall be investi¬
gated under the direction of the Secretary of the Interior, who shall
prescribe such rules and regulations for conducting such investigation,
and for testing the validity and justness of the claims, as he shall deem
suitable and proper; and no claim shall be paid except upon the certifi¬
cate of the said Secretary that, in his opinion, the same is justly and
equitably due; and all claimants, who shall not present their claims
within such time as may be limited by said Secretary within six
months from the ratification of the treaty, or whose claims, having
been presented, shall be disallowed by him, shall be forever precluded
from collecting the same, or maintaining an action thereon in any court
whatever; and provided, also, that no portion of the money due said
Indians for annuities, as herein provided, shall ever be appropriated
to pay their debts under any pretence whatever; provided, that the
balance of the amount herein allowed, as a just increase of the amount
due for the cessions and relinquishments aforesaid, after satisfaction
of the awards of the Secretary of the Interior, shall be paid to the
said Chippewas or expended for their benefit, in such manner as the
Secretary shall prescribe, in aid of any of the objects specified in the
second article of this treaty.

Article 2. The United States will also pay to the said Indians the
sum of five hundred and thirty-eight thousand and four hundred
dollars, in manner following, to wit:

First. Eighty thousand dollars for educational purposes to be paid
in ten equal annual instalments of eight thousand dollars each, which
sum shall be expended under the direction of the President of the
United States; and in the expenditure of the same, and the appoint¬
ment of teachers and management of schools, the Indians shall be con¬
sulted, and their views and wishes adopted so far as they may be just
and reasonable.

Second. Seventy -five thousand dollars to be paid in five equal annual
instalments of fifteen thousand dollars each in agricultural implements
and carpenters’ tools, household furniture and building materials,
cattle, labor, and all such articles as may be necessary and useful for
them in removing to the homes herein provided and getting perma¬
nently settled thereon.

Third. Forty-two thousand and four hundred dollars for the support
of four blacksmith-shops for ten years.

Fourth. The sum of three hundred and six thousand dollars in coin,
as follows : ten thousand dollars of the principal, and the interest on
the whole of said last-mentioned sum remaining unpaid at the rate of
five per cent, annually for ten years, to be distributed per capita in
the usual manner for paying annuities. And the sum of two hundred
and six thousand dollars remaining unpaid at the expiration of ten
years, shall be then due and payable, and if the Indians then require
the payment of said sum in coin the same shall be distributed per
capita in the same manner as annuities are paid, and in not less than
four equal annual instalments.

Fifth. The sum of thirty-five thousand dollars in ten annual instal¬
ments of three thousand and five hundred dollars each, to be paid only
to the Grand River Ottawas, which is in lieu of all permanent annui¬
ties to which they may be entitled by former treaty stipulations, and
which sum shall be distributed in the usual manner per capita.

Article 3. The Ottawa and Chippewa Indians hereby release and
discharge the United States from all liability on account of former
treaty stipulations, it being distinctly understood and agreed that the
grants and payments hereinbefore provided for are in lieu and satis¬
faction of all claims, legal and equitable on the part of said Indians

549

TREATY WITH CHIPPEWA OF SAULT STE. MARIE, 1855.

jointly and severally against the United States, for land, money or
other thing guaranteed to said tribes or either of them by the stipula¬
tions of any former treaty or treaties; excepting, however, the right
of fishing and encampment secured to the Chippewas of Sault Ste.
Marie by the treaty of June 16, 1820.

Article 4. The interpreters at Sault Ste. Marie, Mackinac, and for
the Grand River Indians, shall be continued, and another provided at
Grand Traverse, for the term of five years, and as much longer as the
President may deem necessary.

Article 5. The tribal organization of said Ottawa and Chippewa
Indians, except so far as may be necessary for the purpose of carrying
into effect the provisions of this agreement, is hereby dissolved; and
if at any time hereafter, further negotiations with the United States, in
reference to any matters contained herein, should become necessary,
no general convention of the Indians shall be called; but such as reside
in the vicinity of any usual place of payment, or those only who are
immediately interested in the questions involved, may arrange all mat¬
ters between themselves and the United States, without the concurrence
of other portions of their people, and as fully and conclusively, and
with the same effect in every respect, as if all were represented.

Article 6. This agreement shall be obligatory and binding on the
contracting parties as soon as the same shall be ratified by the Presi¬
dent and Senate of the United States.

TREATY WITH CHIPPEWA OF SAULT STE. MARIE, 1855.

Articles of agreement made and concluded at the city of Detroit, in the

State of Michigan, the second day of August, 1855 , between George W.

Mamypenny and Henry C. Gilbert , commissioners on the jpart of the

United States , and the Chippewa Indiums of Sault Ste. Marie.

Article 1. The said Chippewa Indians surrender to the United
States the right of fishing at the falls of St. Mary’s, and of encamp¬
ment, convenient to the fishing-ground, secured to them by the treatv
of June 16, 1820.

Article 2. The United States will appoint a commissioner who
shall, within six months after the ratification of this treaty, personally
visit and examine the said fishery qnd place of encampment, and deter¬
mine the value of the interest of the Indians therein as the same
originally existed. His award shall be reported to the President, and
shall be final and conclusive, and the amount awarded shall be paid to
said Indians, as annuities are paid, and shall be received by them in
full satisfaction for the right hereby surrendered: Provided , That one-
third of said award shall, if the Indians desire it, be paid to such of
their half-breed relations as they may indicate.

Article 3. The United States also give to the chief, O-shaw-waw-no,
for his own use, in fee-simple, a small island in the river St. Mary’s,
adjacent to the camping-ground hereby surrendered, being the same
island on which he is now encamped, and said to contain less than half
an acre: Provided , That the same has not been heretofore otherwise
appropriated or disposed of; and in such case, this grant is to be void,
and no compensation is to be claimed by said chief or any of the Indi¬
ans, parties hereto, in lieu thereof.

Article 4. This agreement shall be obligatory and binding on the
contracting parties as soon as the same shall be ratified by the Presi¬
dent and Senate of the United States.

Interpreters.

Tribal qrganization
dissolved in most re¬
spects.

Future treaties; how
made.

Treaty; when to be
binding.

Aug. 2, 1855.

11 Stat., 631.
Proclaimed Apr. 24,
1856.

Ratified Apr. 15, 1856.

Rights of fishing
surrendered.

Ante, p. 131.

Payment to Indians

Grant to Oshaw-
wawno.

550

TREATY WITH CHIPPEWA OF SAGINAW, ETC., 1855.

Aug. 2, 1855.

11 Stat., 633.
Proclaimed June 21,
1856.

Ratified Apr. 15,1856.

Certain lands in
Michigan to be with¬
drawn from sale.

Grant of land to
each of said Indians.

Payment to said In¬
dians.

TREATY WITH CHIPPEWA OF SAGINAW, ETC., 1855.

Articles of agreement and convention , made and concluded at the city of
Detroit , in ^ the State of Michigan , this second day of August , one
thousand eight hundred and fifty -five, between George W. Manypenny
and Henry C. Gilbert , commissioners on the part of the United States ,
and the Chippewa Indians of Saginaw, parties to the treaty of Janu¬
ary If 1837 , and that portion of the band of Chippewa Indians of
Swan Creek and. Black River, parties to the treaty of May 9, 1836 ,
and now remaining in the State of Michigan.

In view of the existing condition of the Indians aforesaid, and of
their legal and equitable claims against the United States, it is agreed
between the contracting parties as follows, viz:

Article 1. The United States will withdraw from sale, for the
benefit of said Indians, as herein provided, all the unsold public lands
within the State of Michigan embraced in the following description,
to wit:

First. Six adjoining townships of land in the county of Isabella, to
be selected by said Indians within three months from this date, and
notice thereof given to their agent.

Second. Townships Nos. 17 and 18 north ranges, 3, 4, and 5 east.
The United States will give to each of the said Indians, being ahead
of a family, eighty acres of land; and to each single person over twenty-
one years of age, forty acres of land; and to each family of orphan
children under twenty-one years of age, containing two or more per¬
sons, eighty acres of land; and to each single orphan child under
twenty-one years of age., forty acres of land; to be selected and located
within the several tracts of land hereinbefore described, under the
same rules and regulations, in every respect, as are provided by the
agreement concluded on the 31st day of July, A. D. 1855, with the
Ottawas and Chippewas of Michigan, for the selection of their lands.

And the said Chippewas of Saginaw and of Swan Creek and Black
River, shall have the same exclusive right to enter lands within the
tracts withdrawn from sale for them for five years after the time
limited for selecting the lands to which they are individually entitled,
and the same right to sell and dispose of land entered by them, under
the provisions of the Act of Congress known as the Graduation Act,
as is extended to the Ottawas and Chippewas b}^ the terms of said
agreement.

And the provisions therein contained relative to the purchase and
sale of land for school-houses, churches, and educational purposes,
shall also apply to this agreement.

Article 2. The United States shall also pay to the said Indians the
sum of two hundred and twenty thousand dollars, in manner follow¬
ing, to wit:

First. Thirty thousand dollars for educational purposes, to be paid
in five equal annual instalments of four thousand dollars each, and in
five subsequent equal annual instalments of two thousand dollars each,
to be expended under the direction of the President of the United
States.

Second. Forty thousand dollars, in five equal annual instalments of
five thousand dollars each, and in five subsequent equal annual instal¬
ments of three thousand dollars each, in agricultural implements and
carpenters’ tools, household furniture and building materials, cattle,
labor, and all such articles as may be necessary and useful for them in
removing to the homes herein provided, and getting permanently set¬
tled thereon.

Third. One hundred and thirty-seven thousand and six hundred dol¬
lars in coin, in ten equal instalments of ten thousand dollars each, and

TREATY WITH CHIPPEWA OF SAGINAW, ETC., 1855.

551

in two subsequent equal annual instalments of eighteen thousand and
eight hundred dollars each, to be distributed per capita m the usual
manner for paying annuities.

Fourth. Twelve thousand and four hundred dollars for the support
of one blacksmith -shop for ten j^ears.

The United States will also build a grist and saw mill for said Indians
at some point in the territory, to be selected by them in said county
of Isabella, provided, a suitable water-power can be found, and will
furnish and equip the same with all necessary fixtures and machine^,
and will construct such dam, race, and other appurtenances as majr be
necessary to render the water-power available: Provided That the
whole amount for which the United States shall be liable under this

provision, shall not exceed the sum of eight thousand dollars.

The United States will also pay the further sum of four thousand
dollars for the purpose of purchasing a saw-mill, and in repair of the
same, and in adding thereto the necessary machinery and fixtures for
a run of stone for grinding grain — the same to be located on the tract
described in clause “second,” Article 1.

The United States will also pay the further sum of twenty thousand
dollars, or so much thereof as may be necessary, to be applied in liqui¬
dation of the present just indebtedness of the said Indians; Provided ,
That all claims presented shall be investigated under the direction of
the Secretary of the Interior within six months, who shall prescribe
such rules and regulations for conducting such investigation, and for
testing the validity and justice of the claims as he shall deem suitable
and proper. And no claim shall be paid except on the certificate of
the said Secretary that, in his opinion, the same is justly and equitably
due; and all claimants, who shall not present their claims within such
time as may be limited by said Secretary, or, whose claims having
been presented, shall be disallowed by him, shall be forever precluded
from collecting the same, or maintaining an action thereon in any court
whatever; And, provided , also. That no portion of the money due said
Indians for annuities, as herein provided, shall ever be appropriated
to pay their debts under any pretence whatever; Provided That the
balance of the amount herein allowed as a just increase for the cessions
and relinquishments aforesaid, after satisfaction of the awards of the
Secretary of the Interior, shall be paid to the said Indians, or expended
for their benefit in such manner as the Secretary shall prescribe, in

aid of any of the objects specified in this treaty.

Article 3. The said Chippewas of Saginaw, and of Swan Creek Cession of all the
and Black River, hereby cede to the United States all the lands within ^d hb|r^°df°irne
the State of Michigan heretofore owned by them as reservations, and aians.
whether held for them in trust by the United States or otherwise; and
they do hereby, jointly and severally, release and discharge the United Release of liability.
States from all liability to them, and to their, or either of their said
tribes, for the price and value of all such lands, heretofore sold, and
the proceeds of which remain unpaid.

And they also hereby surrender all their, and each of their perma- surrender of annui-
nent annuities, secured to them, or either of them by former treaty tiea-
stipulations, including that portion of the annuity of eight hundred
dollars payable to “the Chippewas,” by the treaty of November 1 i Ante, p. 68.

1807, to which they are entitled, it being distinctly understood and

agreed, that the grants and payments hereinbefore provided for, are in

lieu and satisfaction of all claims, legal and equitable on the part of said grants and ^

said Indians, jointly and severally, against the United States for land, ciaims.

money, or other thing guaranteed to said tribes, or either of them, by

the stipulations of any former treaty or treaties.

Article 4. The entries of land heretofore made by Indians and by conflrlmed
the Missionary Society of the Methodist Episcopal Church tor the
benefit of the Indians, on lands withdrawn from sale m townships 14

552

TREATY WITH THE BLACKFEET, 1855.

Interpreter to be
provided.

Tribal organization
of said Indians dis¬
solved.

Oct. 17, 1855.

11 Stat., 657.
Proclaimed Apr. 25,
1856.

Ratified Apr.15, 1856.

Peace to exist with
United States.

Peace to exist with
each other and with
certain other tribes.

Blackfoot territory
recognized as common
hunting ground.

north, range 4 east, and 10 north, range 5 east, in the State of Michi¬
gan, are hereby confirmed, and patents shall be issued therefor as in
other cases.

Article 5. The United States will provide an interpreter for said
Indians for five years, and as much longer as the President may deem
necessary.

Article 6. The tribal organization of said Indians, except so far as
may be necessary for the purpose of carrying into effect the provisions
of this agreement, is hereb}7 dissolved.

Article 7. This agreement shall be obligatory and binding on the
contracting parties as soon as the same shall be ratified by the Presi¬
dent and Senate of the United States.

TREATY WITH THE BLACKFEET, 1855.

Articles of agreement and convention made and concluded at the council- .
ground on the Upper Missouri , near the mouth of the Judith Hirer,
in the Territory of Nebraska , this seventeenth day of October , in the
year one thousand eight hundred and fifty-five , by and between
A. Gumming and Isaac I Stevens , commissioners duly appointed
and authorized , on the part of the United States , and' the undersigned
chiefs , headmen , and delegates of the following nations and tribes of
Indians , who occupy , for the purposes of hunting , the territory on
the Upper Missouri and Yellowstone Rivers , and who have perma¬
nent homes as follows: East of the Rocky Mountains , the Blackfoot
Nation , consisting of the Piegan , Blood , Blackfoot , and Gros Ventres
tribes of Indians. West of the Rocky Mountains , the Flathead
Nation , consisting of the Flathead , Upper Pend d Oreille, and
Kootenay tribes of Indians, and the Nez Perce tribe of Indians, the
said chiefs, headmen and delegUtes, in behalf of and acting for said
nations and tribes , and being duly authorized thereto by them.

Article 1. Peace, friendship and amity shall hereafter exist
between the United States and the aforesaid nations and tribes of
Indians, parties to this treaty, and the same shall be perpetual.

Article 2. The aforesaid nations and tribes of Indians, parties to
this treaty, do hereby jointly and severally covenant that peaceful
relations shall likewise be maintained among themselves in future;
and that they will abstain from all hostilities whatsoever against each
other, and cultivate mutual good-will and friendship. And the nations
and tribes aforesaid do furthermore jointly and severally covenant,
that peaceful relations shall be maintained with and that they will
abstain from all hostilities whatsoever, excepting in self-defense,
against the following-named nations and tribes of Indians, to wit: the
Crows, Assineboins, Crees, Snakes, Blackfeet, Sans Arcs, and Aunce-
pa-pas bands of Sioux, and all other neighboring nations and tribes of
Indians.

Article 8. The Blackfoot Nation consent and agree that all that
portion of the country recognized and defined by the treaty of Laramie
as Blackfoot territory, lying within lines drawn from the Hell Gate
or Medicine Rock Passes in the main range of the Rocky Mountains,
in an easterly direction to the nearest source of the Muscle Shell
River, thence to the mouth of Twenty-five Yard Creek, thence up the
Yellowstone River to its northern source, and thence along the main
range of the Rocky Mountains, in a northerly direction, to the point
of beginning, shall be a common hunting-ground for ninety-nine years,
where all the nations, tribes and bands of Indians, parties to this
treaty, may enjoy equal and uninterrupted privileges of hunting, fish¬
ing and gathering fruit, grazing animals, curing meat and dressing
robes. They further agree that they will not establish villages, or in

TREATY WITH THE BLAOKFEET, 1855.

553

any other way exercise exclusive rights within ten miles of the north¬
ern line of the common hunting-ground, and that the parties to this
treaty may hunt on said northern boundary line and within ten miles
thereof.

Provided, That the western Indians, parties to this treaty, may hunt
on the trail leading down the Muscle Shell to the Yellowstone; the
Muscle Shell River being the boundary separating the Blackfoot from
the Crow territory.

And provided , That no nation, band, or tribe of Indians, parties to
this treaty, nor any other Indians, shall be permitted to establish per¬
manent settlements, or in any other way exercise, during the period
above mentioned, exclusive rights or privileges within the limits of
the above-described hunting-ground.

And provided further , That the rights of the western Indians to a
whole or a part of the common hunting-ground, derived from occu¬
pancy and possession, shall not be affected by this article, except so
far as said rights may be determined by the treaty of Laramie.

Article 4. The parties to this treaty agree and consent, that the
tract of country lying within lines drawn from the Hell Gate or Medi¬
cine Rock Passes, in an easterly direction, to the nearest source of the
Muscle Shell River, thence down said river to its mouth, thence down
the channel of the Missouri River to the mouth of Milk River, thence
due north to the forty-ninth parallel, thence due west on said parallel
to the main range of the Rocky Mountains, and thence southerly along
said range to the place of beginning, shall be the territory of the
Blackfoot Nation, over which said nation shall exercise exclusive con¬
trol, excepting as may be otherwise provided in this treaty. Subject,
however, to the provisions of the third article of this treaty, giving
the right to hunt, and prohibiting the establishment of permanent
villages and the exercise of any exclusive rights within ten miles of
the northern line of the common hunting-ground, drawn from the
nearest source of the Muscle Shell River to the Medicine Rock Passes,
for the period of ninety-nine years.

Provided also , That the Assiniboins shall have the right of hunting,
in common with the Blackfeet, in the country lying between the afore¬
said eastern boundary line, running from the mouth of Milk River to
the forty-ninth parallel, and a line drawn from the left bank of the
Missouri River, opposite the Round Butte north, to the forty-ninth
parallel.

Article 5. The parties to this treaty, residing west of the main
range of the Rocky Mountains, agree and consent that they will not
enter the common hunting ground, nor any part of the Blackfoot ter¬
ritory, or return home, by any pass in the main range of the Rocky
Mountains to the north of the Hell Gate or Medicine Rock Passes.
And they further agree that they will not hunt or otherwise disturb
the game, when visiting the Blackfoot territory for trade or social
intercourse.

Article 6. The aforesaid nations and tribes of Indians, parties to
this treaty, agree and consent to remain within their own respective
countries, except when going to or from, or whilst hunting upon, the
“common hunting ground,” or when visiting each other for the pur¬
pose of trade or social intercourse.

Article 7. The aforesaid nations and tribes of Indians agree that
citizens of the United States may live in and pass unmolested through
the countries respectively occupied and claimed by them. And the
United States is hereby bound to protect said Indians against depre¬
dations and other unlawful acts which white men residing in or pass¬
ing through their country may commit.

Article 8. For the purpose of establishing travelling thoroughfares
through their country, and the better to enable the President to exe¬
cute the provisions of this treaty, the aforesaid nations and tribes do

No settlements to be
made thereon.

V ested rights not in¬
terfered.

Certain territory to
belong to the Black¬
foot Nation.

How to enter and
leave the common
hunting ground.

Indians to remain
in their respective
territories except, etc.

Citizens may pass
through and live in
the Indian Territory.

Protection against
depredations.

Roads, telegraph
lines, and military
posts, etc., may be es¬
tablished.

554

TREATY WITH THE BLACKFEET, 1855.

hereby consent and agree, that the United States may, within the
countries respectively occupied and claimed by them, construct roads
of every description; establish lines of telegraph and military posts;
use materials of every description found in the Indian country; build
houses for agencies, missions, schools, farms, shops, mills, stations,
and for any other purpose for which they may be required, and per¬
manently occup3r as much land as may be necessary for the various
purposes above enumerated, including the use of wood for fuel and
land for grazing, and that the navigation of all lakes and streams shall
be forever free to citizens of the United States.
betefltuaofPaBSckfoot Article 9. In consideration of the foregoing agreements, stipula¬
tion. tions, and cessions, and on condition of their faithful observance, the

United States agree to expend, annually, for the Piegan, Blood, Black-
foot, and Gros Ventres tribes of Indians, constituting the Blackfoot
Nation, in addition to the goods and provisions distributed at the time
of signing this treaty, twenty thousand dollars, annually, for ten years,
to be expended in such useful goods and provisions, and other articles,
as the President, at his discretion, may from time to time determine;
and the superintendent, or other proper officer, shall each year inform
the President of the wishes of the Indians in relation thereto: Provided ,
however , That if, in the judgment of the President and Senate, this
amount be deemed insufficient, it may be increased not to exceed the
sum of thirty-five thousand dollars per year,
same object. Article 10. The United States further agree to expend annually, for

the benefit of the aforesaid tribes of the Blackfoot Nation, a sum not
exceeding fifteen thousand dollars annually, for ten years, in establish¬
ing and instructing them in agricultural and mechanical pursuits, and
in educating their children, and in any other respect promoting their
civilization and Christianization: Provided , however , That to accom¬
plish the objects of this article, the President may, at his discretion,
apply any or all the annuities provided for in this treaty: And pro¬
vided, also , That the President may, at his discretion, determine in
what proportions the said annuities shall be divided among the several
tribes.

provisions to secure Article 11. The aforesaid tribes acknowledge their dependence on
againkaindianedepre- the Government of the United States, and promise to be friendly with
dations. all citizens thereof, and to commit no depredations or other violence

upon such citizens. And should any one or more violate this pledge,
and the fact be proved to the satisfaction of the President, the prop¬
erty taken shall be returned, or, in default thereof, or if injured or
destroyed, compensation may be made by the Government out of the
annuities. The aforesaid tribes are hereby bound to deliver such
offenders to the proper authorities for trial and punishment, and are
held responsible, in their tribal capacity, to make reparation for dep-
• redations so committed.

war not to be made Nor will they make war upon any other tribes, except in self-defense,
?ns°eii-defe?seesexcept submit all matter of difference, between themselves and other

Indians, to the Government of the United States, through its agents,
provision against for adjustment, and will abide thereby. And if any of the said Indians,
Indians tions °f omer Pai'ties to this treaty, commit depredations on any other Indians within
the jurisdiction of the United States, the same rule shall prevail as that
rendCTedals tobesur’ prescribed in this article in case of depredations against citizens. And
the said tribes agree not to shelter or conceal offenders against the laws
of the United States, but to deliver them up to the authorities for trial,
stuped in cas“ofv£ Article 12. It is agreed and understood, by and between the parties
lation of this treaty, to this treaty, that if any nation or tribe of Indians aforesaid, shall
violate any of the agreements, obligations, or stipulations, herein con¬
tained, the United States maj' withhold, for such length of time as the
President and Congress mat" determine, any portion or all of the annu¬
ities agreed to be paid to said nation or tribe under the ninth and
tenth articles of this treaty.

TREATY WITH THE MOLALA, 1855.

555

Article 13. The nations and tribes of Indians, parties to this treaty,
desire to exclude from their country the use of ardent spirits or other
intoxicating liquor, and to prevent their people from drinking the
same. Therefore it is provided, that an}^ Indian belonging to said
tribes who is guilty of bringing such liquor into the Indian country,
or who drinks liquor, may have his or her proportion of the annuities
withheld from him or her, for such time as the President may determine.

Article 14. The aforesaid nations and tribes of Indians, west of the
Rocky Mountains, parties to this treaty, do agree, in consideration of
the provisions already made for them in existing treaties, to accept
the guarantees of the peaceful occupation of their hunting-grounds,
east of the Rocky Mountains, and of remuneration for depredations
made by the other tribes, pledged to be secured to them in this treaty
out of the annuities of said tribes, in full compensation for the con¬
cessions which they, in common with the said tribes, have made in this
treaty.

The Indians east of the mountains, parties to this treaty, likewise
recognize and accept the guarantees of this treaty, in full compensa¬
tion for the injuries or depredations which have been, or may be com¬
mitted by the aforesaid tribes, west of the Rocky Mountains.

Article 15. The annuities of the aforesaid tribes shall not be taken
to pay the debts of individuals.

Article 16. This treaty shall be obligatory upon the aforesaid
nations and tribes of Indians, parties hereto, from the date hereof, and
upon the United States as soon as the same shall be ratified by the
President and Senate.

TREATY WITH THE MOLALA, 1855.

Articles of convention and agreement entered into this 21st day of
December , 1855, between Joel Palmer , superintendent of Indian
affairs , acting for and in behalf of the United States , and the chiefs
a/nd head-men of the Mo-lal-la-las or Motel tribe of Indians, they
being authorized by their respective bands in council assembled.

Article 1. The above-named tribe of Indians hereby cede to the
United States all their right, title, interest and claim to all that part
of Oregon Territory situated and bounded as hereinafter described, the
same being claimed by them. To wit : Beginning at Scott’s Peak, being
the northeastern termination of the purchase made of the Umpaquah,
and Calapooias of Umpaquah Valley on the 29th day of November,
1854; thence running southernly on the eastern boundary line of that
purchase and the purchase of the Cow Creeks, on the 19th day of
September, 1853, and the tract purchased, of the Scotens, Chestas and
Grave Creeks, on the nineteenth [eighteenth] day of November, 1854, to
the boundary of the Rogue River purchase made on the tenth day of
September, 1853; thence along the northern boundary of that purchase
to the summit of the Cascade Mountains; thence northerly along the
summit of said mountains to a point due east of Scott’s Peak; thence
west to the place of beginning.

Article 2. In consideration of the cession and relinquishment herein
made, the United States agree to make the following provisions for
said Indians and pay the sums of money as follows:

1st. To secure to the members of said tribe all the rights and privi¬
leges guaranteed by treaty to the Umpaquah and Calapooias, of the
Umpaquah Valley, jointly with said tribes, they hereby agreeing to
confederate with those bands.

2d. To erect and keep in repair and furnish suitable persons to
attend the same for the term of ten years, the benefits of which to be
shared alike by all the bands confederated, one flouring-mill and one
saw-mill.

Provision against in¬
toxication or the in¬
troduction of ardent
spirits.

This treaty to be in
full for compensation.

Annuities not to he
taken for debt.

Dee. 21, 1855.

12 Stat., p. 981.
Proclaimed Apr. 27,
1859.

Ratified Mar. 8, 1859.

Cession of lands to
the United States.

Boundaries.

Payments, etc., by
the United States.

Privileges of former
treaties secured.

Flouring and saw
mill.

556

TREATY WITH STOCKBRIDGE AND MUNSEE, 1856.

shoKtc8 and tin ?d. To finish iron, steel, and other materials for supplying the
smith’s shop and tin-shop stipulated in the treaty of 29th November,
1854, and pay for the services of the necessary mechanics for that
service for five years in addition to the time specified by that treaty.
schooi“ual’labQr To establish a manual-labor school, employ and pay teachers,

furnish all necessary materials and subsistence for pupils, of sufficient
capacity to accommodate all the children belonging to said confederate
bands, of suitable age and condition to attend said school.

Renter and 5th. To employ and pay fbr the services of a carpenter and joiner
for the term .of ten years to aid in erecting buildings and making fur¬
niture for said Indians, and to furnish tools for use in said service.

Additional farmer. 6th. To employ and pay for the services of an additional farmer for
the term of five years.

toIreserTOtion.remoYe Article 8. In consequence of the existence of hostilities between
the whites and a portion of the Indian tribes in Southern Oregon and
Northern California, and the proximity of the Umpaquah reservation
to the mining district, and the consequent fluctuating and transient
population, and the frequent commission by whites and Indians of
petty offences, calculated to disturb the peace and harmony of the set¬
tlement, it is hereby agreed, the Umpaquahs and Calapooias agreeing,
that the bands thus confederated shall immediately remove to a tract
of land selected on the head-waters of the Yamhill River adjoining the
coast reservation, thereon to remain until the proper improvements are
made upon that reservation, for the accommodation of said confederate
bands, in accordance with the provisions of this and the treaty of 29th
November, 1854, and when so made, to remove to said coast reserva¬
tion, or such other point as may, by direction of the President of the
United States, be designated for the permanent residence of said
Indians.

toEbeebornireby°tVhe Article 4. For the purpose of carrying out in good faith the objects
united states. expressed m the preceding article, it is hereby agreed on the part of
the United States, that the entire expense attending the removal of
the bands named, including transportation and subsistence, and the
erection of temporary buildings at the encampment designated, as well
as medical attendance on the sick, shall be paid by the United States.
rnSThe Article 5. it is further agreed that rations, according to the Army
regulations, shall be furnished the members of the said confederated
bands, and distributed to the heads of families, from the time of their
arrival at the encampment on the head-waters of Yamhill River until
six months after their arrival at the point selected as their permanent
residence.

. Article 6. For the purpose of insuring the means of subsistence
white settlers to lands tor said Indians, the United States engage to appropriate the sum of
inGrand Round vai- twelve thousand dollars for the extinguishment of title and the pay¬
ment of improvements made thereon by white settlers to lands in the
Grand Round Valley, the point of encampment referred to, to be used
as wheat-farms, or other purposes, for the benefit of said Indians, and
for the erection of buildings upon the reservation, opening farms, pur¬
chasing of teams, tools and stock; the expenditure of which amounts,
and the direction of all the provisions of this convention, shall be in
accordance with the spirit and meaning of the treaty of 29th Novem¬
ber, 1854, with the Umpaquah and Calapooia tribes aforesaid.

TREATY WITH STOCKBRIDGE AND MTJNSEE, 1856.

Whereas by Senate amendment to the treaty with the Menomonees
of February eighth, one thousand eight hundred and thirty -one, two
townships of land on the east side of Winnebago Lake, Territory of
Wisconsin, were set aside for the use of the Stockbridge and Munsee
tribes of Indians, all formerly of the State of New York, but a part of
whom had already removed to Wisconsin; and

Feb. 5, 1856.

11 Stat., 663.
Ratified Apr. 18,
1856.

Proclaimed Sept. 8,
1856.

Ante p. 233.

557

TREATY WITH STOCKBRIDGE AND MUNSEE, 1856.

Whereas said Indians took possession of said lands, but dissensions
existing among them led to the treaty of September third, one thou¬
sand eight hundred and thirty-nine, by which the east half of said two
townships was retroceded to the United States, and in conformity to
which a part of said Stockbridges and Munsees emigrated west of the
Mississippi; and

Whereas to relieve them from dissensions still existing by “An act
for the relief of the Stockbridge tribe of Indians in the Territory of
Wisconsin,” approved March third, one thousand eight hundred and
forty-three, it was provided, that the remaining townships of land 645.
should be divided into lots and allotted between the individual mem¬
bers of said tribe; and

Whereas a part of said tribe refused to be governed by the provi¬
sions of said act, and a subsequent act was passed on the sixth day of
August, one thousand eight hundred and forty-six, repealing the afore- 55?846, ch- 85, 9 stat
mentioned act, but without making provision for bona fide purchasers
of lots in the townships subdivided in conformity to the said first-
named act; and

Whereas it was found impracticable to carry into effect the provi¬
sions of the last-mentioned act, and to remedy all difficulties, a treaty
was entered into on the twenty -fourth of November, one thousand eight
hundred and forty-eight, wherein among other provisions, the tribe
obligated itself to remove to the country west of the Mississippi set
apart for them by the amendment to said treaty; and

Whereas dissensions have yet been constantly existing amongst
them, and many of the tribe refused to remove, when they were offered
a location in Minnesota, and applied for a retrocession to them of the
township of Stockbridge, which has been refused by the United States;
and

Whereas a majority of the said tribe of Stockbridges and the Mun¬
sees are averse to removing to Minnesota and prefer a new location in
Wisconsin, and are desirous soon to remove and to resume agricultural
pursuits, and gradually to prepare for citizenship, and a number of
other members of the said tribe desire at the present time to sever
their tribal relations and to receive patents for the lots of land at
Stockbridge now occupied by them; and

Whereas the United States are willing to exercise the same liberal
policy as heretofore, and for the purpose of relieving these Indians
from the complicated difficulties, by which they are surrounded, and
to establish comfortably together all such Stockbridges and Munsees —
wherever they may be now located, in Wisconsin, in the State of New
York, or west of the Mississippi — as were included in the treaty of
September third, one thousand eight hundred and thirty-nine, and
desire to remain for the present under the paternal care of the United
States Government; and for the purpose of enabling such individuals
of said tribes as are now qualified and desirous to manage their own
affairs, to exercise the rights and to perform the duties of the citizen,
these articles of agreement have been entered into:

Articles, of agreement and convention made and concluded at Stock-
bridge iii the State of Wisconsin , on the fifth day of February, in
the year of our Lord one thousand eight hundred and fifty-six ,
between frauds Huebschmann , commissioner on the fart of the
United States , and the Stockbridge and Munsee tribes of Indians
assembled in general council , and such of the Munsees who were
included in the treaty of September third , one thousand eight hun¬
dred and thirty-nine , but are yet residing in the State of New York ,
by their duly authorized delegates , William Mohawk and Joshua
Willson.

Article 1. The Stockbridge and Munsee tribes, who were included
in the treaty of September third, one thousand eight hundred and in Minnesota.

558

TREATY WITH ST0CKBB1DGE AND MUNSEE, 1856.

thirty-nine, and all the individual members of said tribes, hereby
jointly and severally cede and relinquish to the United States all their
remaining right and title in the lands at the town of Stockbridge,
State of Wisconsin, the seventy-two sections of land in Minnesota set
aside for them by the amendment to the treaty of November twenty-
fourth, one thousand eight hundred and forty-eight, the twenty thou-
Reimquisiunexit of sand dollars stipulated to be paid to them by the said amendment, the
[aims! payments and sixteen thousand live hundred dollars invested by the United States

in stocks for the benefit of the Stockbridge tribe in conformity to
Article 9 of the said treaty, and all claims set up by and for the Stock-
bridge and Munsee tribes, or by and for the Munsees separately, or
by and for any individuals of the Stockbridge tribe who claim to have
been deprived of annuities since the year one thousand eight hundred
and forty- three, and all such and other claims set up by or for them
or any of them are hereby abrogated, and the United States released
and discharged therefrom.
seiecte^byThemand Article 2. In consideration of such cession and relinquishment by
payment made m a said Stockbi’idges and Munsees, the United States agree to select as
soon as practicable and to give them a tract of land in the State of
Wisconsin, near the southern boundary of the Menomonee reserva¬
tion, of sufficient extent to provide for each head of a family and oth¬
ers lots of land of eighty and forty acres, as hereinafter provided;
every such lot to contain at least one-half of arable land, and to pay
to be expended for improvements for the said Stockbridges and Mun¬
sees, as provided in article 4, the sum of forty -one thousand one hun¬
dred dollars, and a further sum of twenty thousand five hundred and
fifty dollars to enable them to remove, and the further sum of eight¬
een thousand dollars, (twelve thousand for the Stockbridges and six
thousand for the Munsees,) to be expended, at such time, and in such
manner, as may be prescribed by the Secretary of the Interior, in the
purchase of stock and necessaries, the discharge of national or tribal
debts,, and to enable them to settle their affairs,
survey °f such tract Article 3. As soon as practicable after the selection of the lands

an a o men ereo . ^ asj^e |or these Indians by the preceding article, the United States
shall cause the same to be surveyed into sections, half and quarter sec¬
tions, to correspond with the public surveys, and the council of the
Stockbridges and Munsees shall under the direction of the superin¬
tendent of Indian affairs for the northern' superintendency, make a
fair and just allotment among the individuals and families of their
tribes. Each head of a family shall be entitled to eighty acres of land,
and in case his or her family consists of more than four members, if
thought expedient by the said council, eighty acres more may be allot¬
ted to him or her; each single male person above eighteen years of
age shall be entitled to eighty acres; and each female person above
eighteen years of age, not belonging to any family, and each orphan
child, to forty acres; and sufficient land shall be reserved for the ris¬
ing generation.

sioif^venifter allot- After the said allotment is made, the persons entitled to land may

Stent take immediate possession thereof, and the United States will thence¬

forth and until the issuing of the patents, as hereinafter provided,
hold the same in trust for such persons, and certificates shall be issued,
in a suitable form, guaranteeing and securing to the holders their pos-
Certifi cates not as sess^on an(I an ultimate title to the land; but such certificates shall not
signabie to issue. as" be assignable, and shall contain a clause expressly prohibiting the sale
or transfer by the holder of the land described therein. After the
expiration of ten years upon the application of the holder of such cer¬
tificate, made with the consent of the said Stockbridge and Munsee
council, and when it shall appear prudent and for his or her welfare,
the President of the United States may direct, that such restriction
on the power of sale shall be withdrawn and a patent issued in the
usual form.

TREATY WITH STOCKBRIDGE AND MUNSEE, 1856.

559

Should any of the heads of families die before the issuing of the Provision in case of
certificates or patents herein provided for, the same shall issue to their Stfed. °f person en"
heirs; and if the holder of any such certificate shall die without heirs,
his or her land shall not revert to the United States, unless on petition
of the Stockbridge and Munsee council for the issuing of a new certifi¬
cate for the land of such deceased person, to the holder of any other
certificate for land, and on the surrendering to the United States of
such other certificate, by the holder thereof, the President shall direct
the issuing of a new certificate for such land; and in like manner new
certificates, may be given for lots of land, the prior certificates for which
have been surrendered by the holders thereof.

Article 4. Of the monies set aside for improvements by the second ^^how moneys are to
of these articles, not exceeding one-fourth shall be applied to the eexpen e ■
building of roads leading to, and through said lands: to the erection of
a school-house, and such other improvements of a public character, as
will be deemed necessary by the said Stockbridge and Munsee council,
and approved by the superintendent of the northern superintendency.

The residue of the said fund shall be expended for improvements to be
made by and for the different members and families composing the said
tribes, according to a system to be adopted by the said council, under
the direction of the superintendent aforesaid, and to be first approved
by the Commissioner of Indian Affairs.

Article 5. The persons to be included in the apportionment of the lo^ho are entitled t0
land and money to be divided and expended under the provisions of
this agreement, shall be such only, as are actual members of the said
Stockbridge and Munsee tribes, (a roll or census of whom shall be
taken and appended to this agreement,) their heirs, and legal represent¬
atives; and hereafter, the adoption of any individual amongst them
shall be null and void, except it be first approved by the Commissioner
of Indian Affairs.

Article 6. In case the United States desire to locate on the tract of mf“ifft^caIt^ia^
land to be selected as herein provided, the Stockbridges and Munsees said tract,
emigrated to the west of the Mississippi in conformity to the treaty
of September third, one thousand eight hundred and thirty-nine, the
Stockbridges and Munsees, parties to this treaty, agree to receive
them as brethren: Provided , That none of the said Stockbridges and
Munsees, whether now residing at Stockbridge, in the State of Wis¬
consin, in the State of New York, or west of the Mississippi, shall be
entitled to any of these lands or the money stipulated to be expended
by these articles, unless they remove to the new location within two
years from the ratification hereof.

Article 7. The said Stockbridges and Munsees hereby set aside, for ^Payments for^edu-
educational purposes exclusively, their portion of the annuities under Ante pp. IF and 201.
the treaties of November the eleventh, one thousand seven hundred and
ninety-four ; August eleventh, one thousand eight hundred and twenty-
seven; and September third, one thousand eight hundred and thirty -

111 Article 8. One hundred and fifty dollars valuation of the school- schooihouse.
house at Stockbridge made in conformity to article 6 of the treaty of
November twenty-fourth, one thousand eight hundred and forty-eight,
and remaining unpaid, shall be expended in the erection of a school-
house, with the other funds set aside for the same purpose by article!

of this agreement. „ , . , , - „

Article 9. About seven and two- fifths acres bounded as follows: Grounds for a eeme-
Beginning at the northeast corner of lot eighty-nine, in the centre of ery-
the military road ; thence west, along the north line of said lot, fifty -
four and a quarter rods; thence south, thirty-eight and a quarter rods;
thence east twenty-eight and a quarter rods; thence north thirty four
and a quarter rods ; thence east twenty-six rods; thence north, four rods,
to the place of beginning, comprising the ground heretofore used by
the Stockbridges to bury their dead, shall be patented to the super¬
visors of the town of Stockbridge, to be held by them and their sue-

560

TREATY WITH STOCKBRIDGE AND MUNSEE, 1856.

Right of way of
roads.

President and Sen¬
ate or Congress may
regulate affairs.

Provision against
ardent spirits.

Sales of allotment
under act of 1843, eh.
101, may be examined
into, set aside, or con¬
firmed.

5 Stat., 645.

Sales of sundry lots.

cessors in trust for the inhabitants of said town, to be used by them as
a cemetery, and the proceeds from cemetery lots and burial-places to
be applied in fencing, clearing, and embellishing the grounds.

Article 10. It is agreed that all roads and highways laid out by
authority of law shall have right of way through the lands set aside
for said Indians, on the same terms as are provided by law for their
location through lands of citizens of the United States.

Article 11. The object of this instrument being to advance the
welfare and improvement of said Indians, it is agreed, if it prove
insufficient from causes which cannot now be foreseen, to effect these
ends, that the President of the United States may, by and with the
advice and consent of the Senate, adopt such policy in the management
of their affairs, as in his judgment may be most beneficial to them; or
Congress may, hereafter, make such provision by law, as experience
shall prove to be necessary.

Article 12. The said Stockbridges and Munsees agree to suppress
the use of ardent spirits among their people and to resist b}7 all pru¬
dent means, its introduction in their settlements.

Article 13. The Secretary of the Interior, if deemed by him expe¬
dient and proper, may examine into the sales made by the Stockbridge
Indians, to whom lots of land were allotted in conformity to the acts of
Congress, entitled “An act for the relief of the Stockbridge tribe of
Indians in the Territory of Wisconsin,” approved March third, one
thousand eight hundred and forty-three; and if it shall be found that
any of the said sales have been improperly made, or that a proper
consideration has not been paid, the same may be disapproved or set
aside. By the direction of the said Secretary, patents to such lots of
land shall be issued to such persons as shall be found to be entitled to
the same.

Article 14. The lots of land the equitable title to which shall be
found not to have passed by valid sales from the Stockbridge Indians
to purchasers, and such lots as have, by the treaty of November t wenty-
fourth, one thousand eight hundred and forty-eight, been receded to
the United States, shall be sold at the minimum price of ten dollars per
acre for lots fronting on Lake Winnebago, on both sides of the mili¬
tary road, and all the lands in the three tiers of lots next to Lake Win¬
nebago, and at five dollars per acre for the residue of the lands in said
township of Stockbridge. Purchasers of lots, on which improvements
were made by Stockbridge Indians shall pay, in addition to the said
minimum price, the appraised value of sucn improvements. To actual
settlers on any of said lots possessing the qualifications requisite to
acquire pre-emption rights, or being civilized persons of Indian descent,
not members of any tribe, who shall prove, to the satisfaction of the
register of the land district to which the township of Stockbridge shall
be attached, that he or she has made improvements to the value of not
less than fifty dollars on such lot, and that he or she is actually residing
on it; the time of paying the purchase-price may be extended for a
term not exceeding three years from the ratification hereof, as shall be
deemed advisable by the President of the United States, provided, that
no such actual settler shall be permitted to pre-empt, in the manner
aforesaid, more than one lot, or two contiguous lots, on which he has
proved to have made improvements exceeding the value of one hun¬
dred dollars. The residue of said lots shall be brought into market as
other Government lands are offered for sale, and shall not be sold at a
less price than the said minimum price; and all said sales shall be made,
and the patents provided for in these articles shall be issued in accord¬
ance with the survey made in conformity to said act of March third,
one thousand eight hundred and forty-three, unless, in the opinion of
the Secretary of the Interior, a new survey shall be deemed necessary
and proper.

561

TREATY WITH STOCKBRIDGE AND MUNSEE, 1856.

Article 15. The United States agree to pay, within one year after Appraised value of
the ratification of this agreement, the appraised value of the improve- cXdCdTbe0^!
ments upon the lands herein ceded and relinquished to the United
States, to the individuals claiming the same, the valuation of such
improvements, to be made by a person to be selected by the superin¬
tendent of Indian affairs for the northern superintendency, and not to
exceed, in the aggregate, the sum of five thousand dollars.

Article 16.^ The hereinafter named Stockbridge Indians, having haveertpatentsein0fee of
become sufficiently advanced in civilization, and being desirous of certain lots in mi of
separating from the Stockbridge tribe, and of enjoying the privileges a11 claims'
granted to persons of Indian descent by the State of Wisconsin, and
in consideration of ceding and relinquishing to the United States all
their rights in the lands and annuities of the Stockbridge tribe of
Indians, and in the annuities, money, or land, to which said Indians
now are or may hereafter be entitled, the United States agree to issue
patents in fee-simple to the said Stockbridge Indians to the lots of
land, at the town of Stockbridge, described and set opposite their
names.

Name8 of persons.

Lots to be patented to them.

John Moore .

Job Moore - , _ -

Sopha Moore _

Caleb Moore _

Elizabeth Moore _

Henry Moore _

Daniel Davids’ heirs . - .
John Littleman’s heirs

Jane Dean’s heirs _

A. Miller’s heirs _

Mary McAllister _

Hope Welch _

Catharine Mills _ -

Nancy Horn _

Margaret Beaulieu _

Sally Shenandoah _

Jacob Moore _

9, 38, and 105 _
69,176 and 191 .

177 _

223 _

234 _

264 _

47, N. half 48, 60

113 _

30 _

14 ; . .

N. half 280 .

284 _ _

S. half 194 -----

N. half 270 _

N. half 238 .

76 _

233 _

Martha Moore, wife of Jacob Moore. 253

Betsey Manague - - N. half 349

Levy Konkapot - - 61, 152 -

Mary Hendrick - 78 -

John W. Abrams - - - 59 -

Lots, the privilegg

which on the
same terms of
payment as pre¬
scribed foractu
al settlers in ar¬
ticle 14 is grant¬
ed.

226 and 187
280 _

233

S. half 280

N. half 194
S. half 270
S. half 238

190

S. half 349

The said Mary Hendrick, and Levy Konkapot, John W. Abrams to
have the privilege of joining again the said Stockbridges and Munsees
in their new location.

Article 17. So much of the treaties of September third, one thou- ties annulled,
sand eight hundred and thirty-nine, and of November twenty-fourth,
one thousand eight hundred and forty -eight, as is in contravention or
in conflict with the stipulations of this agreement, is hereby abrogated
and annulled.

Article 18. This instrument shall be binding upon the contracting
parties whenever the same shall be ratified by the President and the
Senate of the United States.

S. Doc. 452 - 36

562

TREATY WITH STOCKBRIDGE AND MUNSEE, 1856.

Roll and census made in conformity to article 5 of the foregoing treaty,

Names.— Census of the Munsees of New Toth, in¬

cluded in the treaty of September 3, 1839. ’ Men.

Isaac Durkee _ 1

William Mohawk _ 1

Titus Mohawk.. _

Thomas Snake’s widow _

Austin Half White _

Clarissa Spragg . . .

George Moses _ 1

J onathan W aterman _ 1

Jonathan Titus _ 1

Levy Halftown . . . 1

Jefferson Halftown _ 1

Eunice Red Eye _

John Wilson _ 1

Joshua Wilson _ 1

Women. Children.

1 2

1 1

1 7

1 2

1 5

"1 ~h

1 5

1 3

1 2

Total.

4
7
1
9
2
6

5
4

Names.— Census of Stockbridges and Munsees at

Stoekbridge, Wisconsin. Men.

John N. Chicks _ 1

Jeremiah Slingerland _ 1

John W. Abrams _ 1

Ziba T. Peters _ 1

Levy Konkapot _ 1

Thomas S. Branch . . 1

Jacob Davids _ . 1

John W. Quinney, jr _ 1

Timothy Jourdan _ 1

John Yoccum _ 1

George T. Bennet _ 1

Jacob Konkapot _ 1

Jesse Jourdan _ 1

J eremiah Bennet _ _ 1

Isaac Jacobs _ _ 1

James Joshua _ 1

Benjamin Pye, 2d _ _ _ 1

John P. Hendricks _ 1

Eli Williams _ _ 1

Cornelius Anthony _ 1

Lewis Hendrick _ 1

Adam Davids _ 1

Elias Konkapot _ 1

Jedediah Wilber _ 1

William Gardner _ 1

Stephen Gardner _ 1

Simeon Gardner . . 1

Polly Bennett _

Eleanor Charles _ . _

Mary Hendrick _

Susannah Hendrick

J oseph Doxtater _ 1

Joseph L. Chicks _ 1

James Chicks _

Solomon Davids - 1

Elizabeth Bowman _

Humble Jourdan _ 1

Phebe Pye _ _

Jacob J acobs _ 1

Aaron Konkapot _ 1

Jeremiah Gardiner _ 1

Andrew Wilber _ 1

563

TREATY WITH STOCKBRIDGE AND MUNSEE, 1856.

Boll and census made in conformity to article 5 of the foregoing treaty —

Continued.

Names.— Census of Stockbridges and Munsees at
Stockbridge, Wisconsin— Continued.

Prudence Quinney _

Bethseba W right _

Alonzo Quinney _

Rebecca Thompson _

Peter Bennett, sen _ _ _

Peter Bennett, jr _

Daniel Gardner _

Bathseba Brown _ _ _

Dennis T. Turkey _

Benjamin Pye, 3d _

Abram Pye, sen _

Abram Pye, jr _

David Pye _ _

Elizabeth Doxtater _

Margaret Davids _

Cornelius Aaron _

Anna Turkey _

Phebe Skicket _

Louisa Konkapot _

Elizabeth Aaron _

Rebecca Aaron _

Benjamin Pye, 4th _

Paul Pye _ 1 _

Jackson Chicks and one other
orphan, heirs of Josiah Chicks

Electa W. Candy. . .

Cornelius Yoccum _

Harriet Jourdan _

Levina Pye _

Charlotte Palmer _

Remona Miller _ _

Hannah Turkey _

Bigdeer _

Elizabeth Wilber _

Harvey Johnson _

Mary Eliza Butler _

Thomas Tousey _

Chester Tousey _

Daniel Tousey _

Sarah Tousey _

Philena Pye, 1st _

Lucinda Quinney _

Eliza Franks _

Lucinda Gardner _

Mary Jane Bowman _

Debby Baldwin _

Edward Bowman _

Moses Smith _ _

Dolly Doxtater _

Polly Smith _

4aron Smith, (Hannah Smith).

Polly Konkapot _

J ohn Lewis _ _

Peter D. Littleman _

Clarissa Miller _

John P. Quinney, (absent) _

Paul Quinney, (absent) -

Women. Children. Total.

1 - 1

1 -- 1

1 1

14 6

1 2

1 .. 1

1 2

14 6

2 3

1
1

14 5

11 2

11 3

• 1 .. 1

1 .. 1

13 5
1

-.2 2

14 6

13 5

1 .. 1

1 -- 1

1 3 4

12 3

1 3 4

12 3

IT 9

13 4

16 8

I 5 T

1 1

1 .. 1

12 3

II 2

1 1 -2

1 1

12 3

11 3

12 4

11 2

1 1

12 4

1 1

14 6

1 .. 1

1 2

11 3

564

TREATY WITH STOCKBRIDGE AND MUNSEE, 1856.

Roll and census made in conformity to article 5 of the foregoing treaty —
Continued.

Names.— Census of Stockbridges and Munsees at
Stockbridge, Wisconsin— Continued.

Charles Stevens _

Samuel Stevens _

Samuel Miller _

John Metoxen, sen _

Simeon S. Metoxen _

Nicholas Palmer _

Daniel Metoxen _

Moses Doxtator _ _

Darius Charles _ _

Catharine Butterfield _

Washington Quinney _

Ezekiel .Robinson _

Sally Pye _

James Palmer _ _

Jonas Thompson _

William Thompson _

Austin E. Quinney _

John Beaman _

Simeon Quinney _

Elizabeth Palmer _

Margaret Miller _

William Miller _

Zachariah Miller _

Solomon Duchamp _

John Metoxen, jr _

Joseph M. Quinney _

Mary Quinney _

Frelinghuysen Quinney _

Bartholomew Bowman _

Lewis Bowman _

Women. Children.

1 .4

1 4

1 2

1 ~2

1 1

1 3

i "2

1 3

i ’3

i ~i

1 2

1 1

Total.

Roll and census of /Stockbridges and Munsees who jpref&r to remain at
Stockbridge according to article 16.

Names.

J ohn Moore _ _

Job Moore _

Sophia Moore _

Caleb Moore _

Elizabeth Moore _

Henry Moore _

Diana Davids _

Mary Ann Littleman

Mary Jane Dean _ [Children]

Daniel P. Dean _ _ j of Jane [

John W. Dean _ [ Dean, j

Dideema Miller _

Darius Davids _ : _

Mary McAllister _

Hope Welch _

Catharine Mills. . -

Nancy Horn _

Margaret Beaulieu
Sally Schenandoah
Betsey Manague . .
Jacob Moore _ ,

Men.

Women. Children. Total.

16 8

1 .. 1

” "i ’2

1 1

112
..11
-.11
..11
1 1

..11
1 .. 1

1 .. 1

15 6

1 2 3

1 5 6

12 4

Francis Huebschmann,

Commissioner.
Ziba T. Peters, Sachem.

Or fcO 03 M 05 fcO fcp

TREATY WITH STOCKBRIDGE AND MUNSEE, 1856.

565

Department of the Interior,

Office of Indian Affairs , March 3, 1856. Letter of Geo. w.

Sir: Referring to my last two annual reports, where the embar- Commissioner,
rassed condition of the Stockbridge and Munsee Indians is discussed,
and to the paragraph of the general Indian appropriation bill, of the
3d March, 1855, Stat. at Large, yol. x, p. 699, where there is appro¬
priated, “ for the purpose of enabling the President to treat with, and
arrange the difficulties existing among the Stockbridge and Munsee
Indians, of Lake Winnebago, in the State of Wisconsin, arising out of
the acts of Congress of third March, eighteen hundred and forty-three,
and August sixth, eighteen hundred and forty-six, and the treaty of
twenty-fourth of November, eighteen hundred and forty-eight, in
such manner as may be just to the Indians, and with their assent, and
not inconsistent with the legal rights of white persons who may reside
on the Stockbridge reserve, of the claim of the United States under
the treaty of eighteen hundred and forty-eight, the sum of fifteen
hundred dollars;” and also to the treaty which was made between these
Indians and Superintendent Francis Huebschmann, during the last
summer, which, for reasons then given you, was disapproved of, I have
now the honor to send up a treaty concluded with them on the 5th
ultimo, by Superintendent Huebschmann, the provisions of which are
approved by me, and would recommend, if you agree, that it may be
laid before the President, to the end, if approved by him, that it may
be sent to the Senate for its constitutional action thereon.

And I herewith transmit a copy of the letter of the superintendent
sending on said treaty, together with a copy of a power of attorney
from certain Munsees to Isaac Durkee, William Mohawk, and Joshua
Wilson, for purposes therein indicated.

I would merely remark that, by locating the Stockbridges in Wis¬
consin instead of Minnesota about $20,000 of expense would be saved
in removal, while a location in Minnesota could not be more out of the
way of the whites, and the lands there would be worth to the Govern¬
ment at least as much as the price to be paid the Menomonees.

Very respectfully, your obedient servant,

Geo. W. Manypenny, Commissioner .

Hon. Robert McClelland,

Secretary of the Interior.

Northern Superintendency,

Milwaukie, February 23, 1856.

Sir: I have the honor to enclose a treaty with the Stockbridges and Huebschmann^ super-
Munsees, concluded in conformity to your instructions. In conse- iQtendent-
quence of the complicated difficulties at Stockbridge, and the factious
spirit ruling among the Indians, the task imposed upon me was not an
easy one, and required extraordinary patience and forbearance. I
believe 1 have used all proper means to make the arrangement contem¬
plated by the treaty as acceptable to all parties interested as could be
expected under the circumstances. However, about one-fifth of the
Indians, headed by Austin E. Quinney, and mostly consisting of mem¬
bers of the Quinney family, did not sign the treaty, but without giving
any sensible reason. The only two objections raised by Austin E.

Quinney to the draft of the treaty were: First, That the issuing of
patents to lands, to be apportioned to the individuals of the tribe, was
contemplated. This objection was virtually obviated by amending the
treaty, so that the application for a patent to be made after ten years,
has first to be Consented to by the general council of the Stockbridges
and Munsees.

His second objection was, that there was no provision made for the
payment of a claim he himself has against the tribe. Though I invited
him to submit the claim to me for examination, he did not do so, and,
from what I learned from himself and others, it appears that it would,

TREATY WITH STOCKBRIDGE AND MUNSEE, 1856.

if submitted, not bear very accurate examination, as about half of it is
made up of high charges for meals furnished councillors of the Stock-
bridges, and the other half for funds advanced to one certain Chandler,
on his share of the twenty thousand dollars to be paid under the amend¬
ment to the treaty of 1848 for procuring the adoption of the said
amendment.

The real objection on the part of the Quinneys to the re-organization
of the Stockbridges and Munsees under this treaty is, no doubt, the
certainty staring them in the face, that their rule over the tribe will be
at an end if the treaty is ratified. To show what use this family has
made of their power over the tribe, I will only mention a few instances.
Though claiming to hold their lands again in commonalty in conse¬
quence of the law of August 6, 1846, Austin E. Quinney, by barter
and trade carried on with widows and other Indians, and by advancing
to them a few provisions, pretended to have bought their lots of land,
and, under the treaty of 1848, he not only received pay for the improve¬
ments on all these lands, (1,440 acres,) $2,760. 63, but of the sixteen thou¬
sand. five hundred dollars paid under V article of treaty of 1848 he
received $3,083, while under a proper per capita apportionment, the
share of his family would not have been much more than about three
hundred dollars. The interest of the $16,500, to be paid “as other
annuities are paid by the United States,” has been apportioned in direct
violation of the said treaty until the Stockbridge affairs came under my
superintendence, in the same manner as the $16,500 under article 5
had been paid; and for the benefit of Sam’l Miller, even that illegal
apportionment was falsified so as to pay him one-half of $1,662.50,
and the interest on the other half instead of $412.50, the proportion
to which he would have been entitled by the quantity of land held by
him at the treaty of 1848. Austin E. Quinney realized about a thou¬
sand dollars more by selling his' pretended right of occupancy to lots,
so that it appears, that he has received about seven thousand dollars in
addition to what he has received of the money paid to his tribe by the
State of New York, and it is no doubt mortifying to him that his share
of moneys hereafter, is to be no larger than that of any other member
of the tribe. A great part of the funds received from the State of
New York has been used by the Quinney family for their own aggran¬
dizement and the sending of delegations to Washington; and the wishes
of a majority of the Stockbridges in relation to the application of those
funds, have been frequently disregarded, and at the present time Sam’l
Miller has been sent by Austin E. Quinney as delegate to Washington
with a part of those funds, in direct opposition to the wishes of the
majority.

I proposed to Austin E. Quinney and his followers to patent to them
lands at Stockbridge, and to make other stipulations favorable to them,,
if they preferred to remain there and to separate from the tribe; but
as they would not declare their willingness to accept of such provi¬
sions, and as Quinney declared that he would probably desire to remove
with the others if the lands to be selected were of good quality, and
deeming it more beneficial to them that they should remove with the
others and be settled by themselves, if they preferred it, in some cor¬
ner of the new reservation, I did not feel prompted to provide for their
remaining at Stockbridge, and increased the sums to be paid in propor¬
tion to their number.

I had made no secret, since my visit to Stockbridge during the fore
part of December last, of the arrangement contemplated in relation
to lands and land-titles at Stockbridge, (articles 13 and 14,) and it ap¬
peared generally satisfactory to white settlers; yet there will be always
found meddlesome individuals, and it appears that, at the request of a
resident of Stockbridge, who, however, has no land himself, a lawyer
of Green Ikiy had drawn up a petition or memorial asking the treaty
to be amended.

TREATY WITH STOCKBRIDGE AND MUNSEE, 1856.

567

When I saw the document no names were attached to it, and I have
not inquired afterwards if it has been signed by anybody and forwarded.
I read it very hastily, but it left the impression upon mv mind that
little legal knowledge was displayed by its author. Since" the author¬
ity to issue patents, given by the law of 1843, was destroyed bv the
repealing act of 1846, and the list o! patents to lots to be granted under
the treaty of 1848 is imperfect and incorrect, the settlers at Stock-
bridge, if they understand it, will be the last to object to authority
being granted to the proper officer to issue patents; and the investiga¬
tion of sales made by Indians provided for, I think, will not be seriously
objected to, except by such who are afraid that the consideration paid
by them would be found to have consisted of whiskey.

The minimum price fixed in the treaty for the land to be sold by the
United States Government is not too high nor unjust to any class of
the settlers of Stockbridge. Those who settled there shortly after the
treaty of 1848, and bought out, for a small consideration, the right of
occupancy of Indians, to their houses, clearings, and fields, have since
mostly confined themselves to cultivating the fields already made and
raised fine crops, without paying any taxes or bearing any of the hard¬
ships of a new settlement. It has not been so much by their labor that
these lands have become valuable, as by the settlements and improve¬
ments made in the surrounding country and the general prosperity of
the State. The settlers who have recently squatted on lots of land at
Stockbridge, have gone there with the perfect knowledge of the price
which was expected to be fixed on those lands, and since it has become
known that the treaty was signed, that part of the State has been under
great excitement, and many have flocked to Stockbridge to make claims
and to avail themselves of the privileges contemplated to be extended
to actual settlers by the treaty. It is feared that there are even more
settlers and claimants than lots of landj and if the price should be re¬
duced the excitement would, no doubt, become mere intense, and the
land-officers would find it more difficult to settle the conflicting claims.
The privilege of entering lands at the terms of payment as prescribed
for actual settlers in article 14, granted to a number of Indians by
article 16, was considered by all as very valuable, which seems to prove
beyond a doubt that the price is considered very moderate. If the
petition above referred to has been signed generally by the settlers at
Stockbridge, they have done so in consequence of its being represented
to them that it could do no harm to try to get the lands from the Gov¬
ernment at a less price, and not because the price is too high or unjust
to any one of them. A power of attorney of the Munsees of New
York to their delegate is herewith enclosed.

Very respectfully, your obedient servant,

Francis Huebschmann,

Superintendent.

Hon. George W. Manypennt,

Commissioner of Indian Affairs , 'Washington , I). C.

Know all men that by these presents we make, constitute, and appoint
Isaac Durkee, William Mohawk, and Joshua Wilson, or either two of
them in the absence of the other, to receive from the commissioner of
the United States the share of us, and each of us, and our families in
money, which, in consideration of annuities due us from the Fnited
States,’ or by virtue and effect of a treaty which it is understood, is
about to be made between the United States and the Stockbridge and
Munsee tribes of Indians, we are informed will be our due, and will
be paid to us by the said commissioner, or by the superintendent of
Indian affairs for Wisconsin. And we hereby authorize our attorneys
as aforesaid to give receipts and vouchers to the said commissioner or
superintendent, as may be right, or he may require; our intention
being that our said attorneys shall transmit to us, in the State ot New

568

TREATY WITH THE MENOMINEE, 1856.

York, said moneys, to enable us immediately to remove to, improve,
and subsist in our new homes in the State of Wisconsin.

Hereby ratifying the acts of our attorneys in the premises.

In witness whereof, we have hereunto set our hands and seals, this
- day of January, A. D. 1856.

Isaac Durkee.

William Mohawk.
Titus Mohawk,

Austin Half White,
Clarissa Spragg,
George Moses,
Jonathan Waterman,
Jonathan Titus.

Levy Half Town,
Jefferson Half Town,

In presence of —

Sam’l W. Beall,

John Armstrong.

his x mark,
his x mark,
her x mark,
his x mark,
his x mark,
his x mark,
his x mark,
his x mark.

State of New York, Cattaraugus County , ss.

On this 19th day of January, A. D. 1856, came before me Isaac
Durkee, William Mohawk, Titus Mohawk, Austin Half White, Clarissa
Spragg, George Moses, Jonathan Watersnake, Jonathan Titus, Levy
Half Town, Jefferson Half Town, proven to me by the oath of George
Jamison, to me well known, to be the individuals who signed and
executed the within instrument of attorney, and acknowledged that
they executed it freely.

George Jamison, his x mark.

Sworn and subscribed before me, this 19th day of January, 1856.

Elisha Brown,

Justice of the Peace .

TREATY WITH THE MENOMINEE, 1856.

Feb. ii, 1856. Whereas a treaty was entered into at Stockbridge, in the State of
u stat., 679. Wisconsin, on the fifth of the present month, between the United

pfoc?lfmedrApr824; States of America on the one part, and the Stockbridge and Munsee
356- tribes of Indians on the other, stipulating that a new home shall be

furnished to the said Stockbridge and Munsee Indians, near the south
line of the Menomonee reservation; and
Whereas the United States desire to locate said Stockbridges and
Munsees near the said line in the western part of the said reservation,
on lands on which no permanent settlements have been made by the
Menomonees; and

Whereas there is no objection on the part of the Menomonees to the
location of the Stockbridges and Munsees in their neighborhood,
therefore this agreement and convention has been entered into.

TItle- Articles of agreement made and concluded at Keshena , State of Wis¬

consin, on the eleventh day of February, in the year of our Lord
eighteen hundred and fifty -six, between Francis LLuebschmann, com¬
missioner on the part of the United States, and the Menomonee tribe
of India/ns, assembled in general council .

i°!tatesd t0 Article 1. The Menomonee tribe of Indians cede to the United
States a tract of land, not to exceed two townships in extent, to be
selected in the western part of their present reservation on its south
line, and not containing any permanent settlements made by any of

TREATY WITH THE CREEKS, ETC., 1856.

569

their number, for the purpose of locating thereon the Stockbridge and
Munsee Indians, and such others of the New York Indians as the
United States may desire to remove to the said location within two
years from the ratification hereof.

Article 2. The United States agree to pay for the said cession, in
case the said New York Indians will be located on the said lands, at
the rate of sixty cents per acre; and it is hereby stipulated, that the
monies so to be paid shall be expended in a like manner, to promote
the improvement of the Menomonees, as is stipulated by the third
article of the treaty of May twelfth, eighteen hundred and fifty-four,
for the expenditure of the forty thousand dollars which had been set
aside for their removal and subsistence, west of the Mississippi, by the
treaty of October eighteenth, eighteen hundred and forty-eight.

Article 3. To promote the welfare and the improvement of the said
Menomonees, and friendly relations between them and the citizens of
the United States, it is further stipulated —

1. That in case this agreement and the treaties made previously with
the Menomonees should prove insufficient, from causes which cannot
now been [be] foreseen, to effect the said objects, the President of the
United States may, by and with the advice and consent of the Senate,
adopt such policy in the management of the aff airs of the Menomonees
as in his judgment may be most beneficial to them; or Congress may,
hereafter, make such provision by law as experience shall prove to be
necessary.

2. That the Menomonees will suppress the use of ardent spirits
among their people, and resist, by all prudent means, its introduction
in their settlements.

3. That the President of the United States, if deemed by him con¬
ducive to the welfare of the Menomonees, may cause their annuity
monies to be paid to them in semi-annual or quarterly instalments.

4. That all roads and highways, laid out by authority of law, shall
have right of way through the lands of the said Indians on the same
terms as are provided by law for their location through lands of citi¬
zens of the United States.

Article 4. This instrument shall be binding upon the contracting
parties whenever the same shall be ratified by the President and Senate
of the United States.

TREATY WITH THE CREEKS, ETC., 1856.

Articles of agreement and convention between the United States and
the Creek and Seminole Tribes of Indians , made and concluded at
the city of Washington the seventh day of August, one thousand
eight hundred and fifty-six, by George W. Many penny, commissioner
on the part of the United States , Tuck-a-batchee-Micco , Echo-Ear jo.
Chilly McIntosh, Benjamin Marshall, George W. Stidham, and
Daniel N. McIntosh, commissioners on the part of the Creeks ; and
John Jumper, Tuste-nuc-o-chee , Pars-co-fer , and James Factor,
commissioners on the part of the Seminoles :

Whereas the convention heretofore existing between the Creek and
Seminole tribes of Indians west of the Mississippi River, has given
rise to unhappy and injurious dissensions and controversies among
them, which render necessary a readjustment of their relations to
each other and to the United States; and

Whereas the United States desire, by providing the Seminoles
remaining in Florida with a comfortable home west of the Mississippi
River, and by making a liberal and generous provision for their wel¬
fare, to induce them to emigrate and become one people with their

Payment for said
cession.

Laws may be made
for the affairs of the
Menominees.

Suppression of use
of ardent spirits.

Annuities may be
paid semiannually or
quarterly.

Right of way of
roads.

Aug. 7, 1856.

11 Stats., 699.
Proclaimed Aug. 28,
1856.

Ratified Aug. 16,
1856.

Preamble.

570

TREATY WITH THE CREEKS, ETC., 1856.

Cession by Creeks to
Seminoles.

Boundaries of Creek
country.

Seminole and Creek
countries to be fixed,
guaranteed to them.

Ante, p. 247.

Ante, p. 287.

brethren already west, and also to afford to all the Seminoles the
means of education and civilization, and the blessings of a regular civil
government; and

Whereas the Creek Nation and individuals thereof, have, by their
delegation, brought forward and persistently urged various "claims
against the United States, which it is desirable shall be finally adjusted
and settled; and

Whereas it is necessaiy for the simplification and better under¬
standing of the relations between the United States and said Creek
and Seminole tribes of Indians, that all their subsisting treaty stipula¬
tions shall, as far as practicable, be embodied in one comprehensive
instrument;

Now, therefore; the United States, by their commissioner, George
W. Manypenny, the Creek tribe of Indians, by their commissioners,
Tuck-a-batchee-Micco, Echo-Harjo, Chilly McIntosh, Benjamin Mar¬
shall, George W. Stidham, and Daniel N. McIntosh; and the Seminole
tribe of Indians, by their commissioners, John Jumper, Tuste-nuc-o-
chee, Pars-co-fer, and James Factor, do hereby agree and stipulate as
follows, viz:

Article 1. The Creek Nation doth hereby grant, cede, and convey
to the Seminole Indians, the tract of country included within the fol¬
lowing boundaries, viz: beginning on the Canadian River, a few miles
east of the ninety-seventh parallel of west longitude, where Ock-hi-
appo, or Pond Creek, empties into the same; thence, due north to the
north fork of the Canadian; thence up said north fork of the Canadian
to the southern line of the Cherokee country; thence, with that line,
west, to the one hundredth parallel of west longitude; thence, south
along said parallel of longitude to the Canadian River, and thence
down and with that river to the place of beginning.

Article 2. The following shall constitute and remain the bounda¬
ries of the Creek country, viz; beginning at the mouth of the north
fork of the Canadian River, and running northerly four miles; thence
running a straight line so as to meet a line drawn "from the south bank
of the Arkansas River, opposite to the east or lower bank of Grand
River, at its junction with the Arkansas, and which runs a course,
south, fourty-four degrees, west, one mile, to a post placed in the
ground; thence along said line to the Arkansas and up the same and
the Verdigris River, to where the old territorial line crosses it; thence
along said line, north, to a point twenty-five miles from the Arkansas
River, where the old territorial line crosses the same; thence running
west with the southern line of the Cherokee country, to the north
fork of the Canadian River, where the boundary of the cession to the
Seminoles defined in the preceding article, first strikes said Cherokee
line; thence down said north fork, to where the eastern boundary-line
of the said cession to the Seminoles strikes the same; thence." with
that line, due south to the Canadian River, at the mouth of the Ock-
hi-appo, or Pond Creek; and thence down said Canadian River to the
place of beginning.

Article 3. The United States do hereby solemnly guarantee to the
Seminole Indians the tract of country ceded to them by the first
article of this convention; and to the Creek Indians, the lands included
within the boundaries defined in the second article hereof; and like¬
wise that the same shall respectively be secured to and held by said
Indians by the same title and tenure by which they were guaranteed
and secured to the Creek Nation by the fourteenth article of the
treaty of March twenty-fourth, eighteen hundred and thirty-two, the
third article of the treaty of February fourteenth, eighteen hundred
and thirty -three, and by the letters-patent issued to the said Creek
Nation, on the eleventh day of August, eighteen hundred and fifty-
two, and recorded in volume four of records of Indian deeds in the

571

TREATY WITH THE CREEKS, ETC., 1856.

Office of Indian Affairs, pages 446 and 447. Provided however , That
no part of the tract of country so ceded to the Seminole Indians, shall
ever be sold, or otherwise disposed of without the consent of both
tribes legally given.

Article 4. The United States do hereby, solemnly agree and bind No State or Terri-
themselves, that no State -or Territory shall ever pass laws for the K law8
government ot the Creek or Seminole tribes of Indians, and that no said countries notto
portion or either or the tracts of country defined in the first and included in any
second articles of this agreement shall ever be embraced or included without °theire™on^
within, or annexed to, any Territory or State, nor shall either, or any sent‘
part of either, ever be erected into a Territory without the full and
free consent of the legislative authority of the tribe owning the same.

Article 5. The Creek Indians do hereby absolutely and forever Release by creeks
quit-claim and relinquish to the United States all their right, title, iLafaSean
and interest in and to any lands heretofore owned or claimed by them, against the united
whether east or west of the Mississippi River, and any and all claim States’ except’ etc>
for or on account of any such lands, except those embraced within the
boundaries described in the second article of this agreement; and it
doth also, in like manner, release and fully discharge the United
States from all other claims and demands whatsoever, which the Creek
Nation or any individual thereof may now have against the United
States, excepting only such as are particularly or in terms provided
for and secured to them by the provisions of existing treaties and
laws; and which are as follows, viz: permanent annuities in monej"
amounting to twenty-four thousand five hundred dollars, secured to Ante, p. 19.
them by the fourth article of the treaty of seventh August, seven¬
teen hundred and ninety, the second article of the treaty of June
sixteenth, eighteen hundred and two, and the fourth article of the Ante, P. a.
treaty of January twenty-fourth, eighteen hundred and twenty-six;
permanent provision for a wheelwright, for a blacksmith and assist¬
ant; blacksmith -shop and tools, and for iron and steel under the eighth
article of the last-mentioned treaty; and costing annually one thousand
seven hundred and ten dollars; two thousand dollars per annum, dur¬
ing the pleasure of the President, for assistance in agricultural opera¬
tions under the same treaty and article; six thousand dollars per
annum for education for seven years, in addition to the estimate for
present fiscal year, under the fourth article of the treaty of January
fourth, eighteen hundred and forty-five; one thousand dollars per
annum during the pleasure of the President, for the same object,
under the fifth article of the treaty of February fourteenth, eighteen
hundred and thirty-three; services of a wagon-maker, blacksmith and Ante, P. 285.
assistant, shop and tools, iron and steel, during the pleasure of the
President, under the same treaty and article, and costing one thou¬
sand seven hundred and ten dollars annually; the last instalment of
two thousand two hundred and twenty dollars for two blacksmiths
and assistants, shops and tools, and iron and steel, under the thirteenth
article of the treaty of March twenty-fourth, eighteen hundred and
thirty -two, and which last it is hereby stipulated shall be continued Ante, P. 249.
for seven additional years. The following shall also be excepted from
the foregoing quit-claim, relinquishment, release, and discharge, viz:
the fund created and held in trust for Creek orphans under the second
article of the treaty of March twenty-fourth, eighteen hundred and
thirty-two; the right of such individuals among the Creeks as have not Ante,P.247.
received it, to the compensation in money provided for by the act of
Congress of March third, eighteen hundred and thirty-seven, in lieu 4
of reservations of land to which they were entitled, but which were 1837, ch* 4L
not secured to them, under the said treaty of eighteen hundred and
thirty-two; the right of the reservees under the same treaty, who did
not dispose of their reservations to the amounts for which they have
been or may be sold by the United States; and the right of such mem-

572

TREATY WITH THE CREEKS, ETC., 1856.

Payment to the
Creeks for said ces¬
sion and release of
$ 1,000, 000.

Two hundred thou¬
sand dollars to be in¬
vested.

Four hundred thou¬
sand dollars to he paid
per capita.

Ten thousand dol¬
lars for arrears under
act of 1837, ch. 41.

One hundred and
twenty thousand dol¬
lars for Creeks who
emigrated before 1832.

Two hundred thou¬
sand dollars to be re¬
tained till the Semi-
noles remove, and
then paid or invested.

Educational, etc.
funds to be paid to
treasurer.

bers of the tribe to military-bounty lands, as are entitled thereto
under existing laws of the United States. The right and interest of
the Creek Nation and people in and to the matters -and things so
excepted, shall continue and remain the same as though this conven¬
tion had never been entered into.

Article 6. In consideration of the foregoing quit-claim, relinquish¬
ment, release, and discharge, and of the cession of a country for the
Seminole Indians contained in the first article of this agreement, the
United States do hereby agree and stipulate to allow and paj^ the Creek
Nation the sum of one million of dollars, which shall be invested and
paid as follows, viz: two hundred thousand dollars to be invested in
some safe stocks, paying an interest of at least five per cent, per annum;
which interest shall be regularly and faithf ully applied to purposes of
education among the Creeks; four hundred thousand dollars to be paid
per capita, under the direction of the general council of the Creek
Nation to the individuals and members of said nation, except such
portion as they shall, by order of said national council, direct to be
paid to the treasurer of said nation for any specified national object
not exceeding ($100,000) one hundred thousand dollars, as soon as
practicable after the ratification of this agreement; and two hundred
thousand dollars shall be set apart to be appropriated and paid as fol¬
lows, viz: ten thousand dollars to be equally distributed and paid to
those individuals and their heirs, who, under act of Congress of March
third, eighteen hundred and thirty-seven, have received money in lieu
of reservations of land to which they were entitled, but which were not
secured to them under the treaty of March twenty-fourth, eighteen
hundred and thirty-two; one hundred and twenty thousand dollars to
be equally and justly distributed and paid, under the direction of
the general council, to those Creeks, or their descendants, who emi¬
grated west of the Mississippi River prior to said treaty of eighteen
hundred and thirty-two, and to be in lieu of and in full compensation
for the claims of such Creeks to an allowance equivalent to the reser¬
vations granted to the eastern Creeks by that treaty, and seventy
thousand dollars for the adjustment and final settlement of such other
claims of individual Creek Indians, as may be found to be equitable
and just by the general council of the nation: Provided however , That
no part of the three last-mentioned sums shall be allowed or paid to
any other person or persons, whatsoever, than those who are actual
and ~bona-fiae members of the Creek Nation and belonging respectively
to the three classes of claimants designated; said sums to be remitted
and paid as soon as practicable after the general council shall have
ascertained and designated the persons entitled to share therein. And
provided further. That any balance of the said sum of seventy thou¬
sand dollars, which may be found not to be actually necessary for the
adjustment and settlement of the claims for which it is set apart, shall
belong to the nation, and be applied to such object or objects of utility
or necessity as the general council shall direct. The remaining sum
of two hundred thousand dollars shall be retained by the United States,
until the removal of the Seminole Indians, now in Florida, to the
country west of the Mississippi River herein provided for their tribe;
whereupon the same, with interest thereon, at five per cent., from the
date of the ratification of this agreement, shall be paid over to, or
invested for the benefit of the Creek Nation, as may then be requested
by the proper authorities thereof. Provided hmmver. That if so paid
over, it shall be equally divided and paid ca/pita to all the individ¬
uals and members of the Creek Nation, or be used and applied only
for such objects or purposes of a strictly national or beneficial char¬
acter as the interests and welfare of the Creek people shall actually
require.

Article 7. It being the desire of the Creeks to employ their own
teachers, mechanics, and farmers, all of the funds secured to the nation

573

TREATZ WITH THE CREEKS, ETC., 1856.

for educational, mechanical, and agricultural purposes, shall as the
same become annually due, be paid oyer by the United States to the
treasurer of the Creek Nation. And the annuities in money due
the nation under former treaties, shall also be paid to the same officer,
whenever the general council shall so direct.

Article 8. The Seminoles hereby release and discharge the United Release of seminoie
States from all claims and demands which their delegation have set up s'
against them, and obligate themselves to remove to and settle in the
new country herein provided for them as soon as practicable. In con¬
sideration of such release, discharge, and obligation, and as the Indians
must abandon their present improvements, and incur considerable
expense in re-establishing themselves, and as the Government desires
to secure their assistance in inducing their brethren yet in Florida to
emigrate and settle with them west of the Mississippi River, and is
willing to offer liberal inducements to the latter peaceably so to do, the
United States do therefore agree and stipulate as follows, viz: To pay Payment for such
to the Seminoles now in the west the sum of ninety thousand dollars, release‘
which shall be in lieu of their present improvements, and in full for
the expenses of their removal and establishing themselves in their new
country; to provide annually for ten years the sum of three thousand
dollars for the support of schools; two thousand dollars for agricul¬
tural assistance; and two thousand two hundred dollars for the support
of smiths and smith-shops among them, said sums to be applied to
these objects in such manner as the President shall direct. Also to
invest for them the sum of two hundred and fifty thousand dollars, at
five per cent, per annum, the interest to be regularly paid over to them
per capita as annuity; the further sum of two hundred and fifty thou¬
sand dollars shall be invested in like manner whenever the Seminoles
now remaining in Florida shall have emigrated and joined their breth¬
ren in the west, whereupon the two sums so invested, shall constitute
a fund belonging to the united tribe of Seminoles, and the interest on
which, at the rate aforesaid, shall be annually paid over to them per
capita as an annuity; but no portion of the principal thus invested, or
the interest thereon annually due and payable, shall ever be taken to
pay claims or demands against said Indians, except such as may here¬
after arise under the intercourse laws.

Article 9. The United States agree to remove comfortably to their mo^Ieim^es^ho
new country west, all those Seminoles now in Florida who can be win emigrated and
induced to emigrate thereto; and to furnish them with sufficient rations fills*116111 certain sup'
of wholesome subsistence during their removal and for twelve months
after their arrival at their new homes; also, to provide each warrior
of eighteen years of age and upwards, who shall so remove, with one
rifle-gun, if he shall not already possess one; with two blankets, a sup¬
ply of powder and lead, a hunting-shirt, one pair of shoes, one and a
half yards of strouding, and ten pounds of good tobacco; and each
woman, youth, and child with a blanket, pair of shoes, and other nec¬
essary articles of comfortable clothing, and to expend for them in
improvements, after they shall all remove, the sum of twenty thousand
dollars. And to encourage the Seminoles to devote themselves to the
cultivation of the soil, and become a sober, settled, industrious, and
independent people, the United States do further agree to expend
three thousand dollars in the purchase of ploughs and other agricultu¬
ral implements, axes, seeds, looms, cards, and wheels; the same to be
proportionately distributed among those now west, and those who
shall emigrate from Florida.

Article 10. The Seminoles west do hereby agree and bind them- sendTdeTegltiSi £
selves to furnish, at such time or times as the President may appoint, Florida,
a delegation of such members of their tribe as shall be selected for the
purpose, to proceed to Florida, under the direction of an agent of the
Government, to render such peaceful services as may be required of
them, and otherwise to do all in their power to induce their brethren

574

TREATY WITH THE CREEKS, ETC., 1868.

Payment to certain
Indians.

Agency for Semi-
noles.

Rights of Creeks and
Seminoles in each oth¬
er’s countries.

Extradition of crim¬
inals between said In¬
dian countries.

Government of
Creeks and Seminoles.

Extradition of crim¬
inals to the United
States or States.

Traders to pay for
use of land and tim¬
ber.

remaining in that State to emigrate and join them in the west; the
United States agreeing to pay them and such members of the Creek
tribe as may voluntarily offer to join them and be accepted for the
same service, a reasonable compensation for their time and services,
as well as their travelling and other actual and necessary expenses.

Article 11. It is further hereby agreed that the United States
shall pay Foc-te-lus-te-harjo, his heirs or assigns, the sum of four
hundred dollars, in consideration of the unpaid services of said Foc-
te-luc-te-harjoe, or Black Dirt, rendered by him as chief of the
friendly band of Seminole warriors who fought for the United States
during the Florida war.

Article 12. So soon as the Seminoles west shall have removed to
the new country herein provided for them, the U nited States will then
select a site and erect the necessary buildings for an agency, including
a council-house for the Seminoles.

Article 13. The officers and people of each of the tribes of Creeks
and Seminoles shall, at all times, have the right of safe conduct and
free passage through the lands and territory of the other. The mem¬
bers of each shall have the right freely to settle within the country of
the other, and shall thereupon be entitled to all the rights, privileges,
and immunities of members thereof, except that no member of either
tribe shall be entitled to participate in any funds belonging to the
other tribe. Members of each tribe shall have the right to institute
and prosecute suits in the courts of the other, under such regulations as
may, from time to time, be prescribed by their respective legislatures.

Article 14. Any person duly charged with a criminal offense against
the laws of either the Creek or Seminole tribe, and escaping into the
jurisdiction of the other, shall be promptly surrendered upon the
demand of the proper authority of the tribe within whose jurisdiction
the offense shall be alleged to have been committed.

Article 15. So far as may be compatible with the Constitution of
the United States, and the laws made in pursuance thereof, regulatiug
trade and intercourse with the Indian tribes, the Creeks and Seminoles
shall be secured in the unrestricted right of self-government, and full
jurisdiction over persons and property, within their respective limits;
excepting, however, all white persons, with their property, who are
not, by adoption or otherwise, members of either the Creek or Semi¬
nole tribe; and all persons not being members of either tribe, found
within their limits, shall be considered intruders, and be removed from
and kept out of the same by the United States agents for said tribes,
respectively; (assisted, if necessary, by the military;) with the follow¬
ing exceptions, viz: such individuals with their families as may be in
the employment of the Government of the United States; all persons
peaceably travelling, or temporarily sojourning in the country, or
trading therein under license from the proper authority of the United
States; and such persons as may be permitted by the Creeks or Semi¬
noles, with the assent of the proper authorities of the United States,
to reside within their respective limits without becoming members of
either of said tribes.

Article 16. The Creeks and Seminoles shall promptly apprehend
and deliver up all persons accused of any crime against the laws of the
United States, or of any State thereof, who may be found within their
limits, on demand of any proper officer of a State or of the United
States.

Article 17. All persons licensed by the United States to trade with
the Creeks or Seminoles shall be required to pay to the tribe within
whose country they trade, a moderate annual compensation for the
land and timber used by them, the amount of such compensation, in
each case, to be assessed by the proper authorities of said tribe, sub¬
ject to the approval of the United States agent therefor.

TREATY WITH THE CREEKS, ETC., 1856.

575

Article 18. The United States shall protect the Creeks and Semi- Protection of said
noles from domestic strife, from hostile invasion, and from aggression san eimno es'
by other Indians and white persons, not subject to their jurisdiction
and laws; and for all injuries resulting from such invasion or aggres¬
sion, full indemnity is hereby guaranteed to the party or parties
injured out of the Treasury of the United States, upon the same prin¬
ciple and according to the same rules upon which white persons are
entitled to indemnity for injuries or aggressions upon them, com¬
mitted by Indians.

Article 19. The United States shall have the right to establish and postf roads, and agen-
maintain such military posts, military and post-roads and Indian uSteTstS to the
agencies as may be deemed necessary within the Creek and Seminole
country, but no greater quantity of land or timber shall be used for
said purposes than shall be actually requisite; and if, in the establish¬
ment or maintenance of such posts, roads, or agencies, the property
of any Creek or Seminole be taken, destroyed, or injured, or any
property of either nation, other than land and timber, just and ade¬
quate compensation shall be made by the United States. Such persons . Regulations respect
only as are or may be in the employment of the United States, in any mgthesame-
capacity, civil or military, or subject to the jurisdiction and laws of
the Creeks and Seminoles, shall be permitted to farm or raise stock
within the limits of any of said military posts or Indian agencies.

And no offender against the laws of either of said tribes shall be per¬
mitted to take refuge therein.

Article 20. The United States, or any incorporated company, shall railroads °fandayteie-
have the right of way for railroads, or lines of telegraphs, through the graphs.

Creek and Seminole countries; but in the case of any incorporated
company, it shall have such right of way only upon such terms, and
payment of such amount to the Creeks and Seminoles, as the case may
be, as may be agreed upon between it and the national council thereof;
or, in case of disagreement by making full compensation, not only to
individual parties injured, but also to the tribe for the right of way,
all damage and injury done to be ascertained and determined in such
manner as the President of the United States shall direct. And the
right of way granted by either of said tribes for any railroad shall be
perpetual or for such shorter term as the same may be granted, in
the same manner as if there were no reversion of their lands to the
United States provided for, in case of abandonment by them, or of
extinction of their tribe.

Article 21. The United States will cause such portions of the nf^67 of bounda‘
boundaries of the Creek and Seminole countries, as do not consist of
well-defined natural boundaries, to be surveyed and permanently
marked and established. The Creek and Seminole general councils
may each appoint a commissioner from their own people to attend the
running of their respective boundaries, whose expenses and a reason¬
able allowance for their time and services, while engaged in such
duty, shall be paid by the United States.

Article 22. That this convention may conduce, as far as possible, Amnesty declared,
to the restoration and preservation of kind and friendly feelings among
the Creeks and Seminoles; a general amnesty of all past offences com¬
mitted within their country, either west or east of the Mississippi, is
hereby declared.

Article 23. A liberal allowance shall be made to each of the dele- ga^wances to dele‘
gations signing this convention; including, with the Seminole delega¬
tion, George W. Brinton, the interpreter, as a compensation for their
travelling and other expenses in coming to and remaining in this city
and returning home.

Article 24. Should the Seminoles in Florida desire to have a por- a ^Mor-
tion of the country described in the first article of this agreement, set Ida seminoles.
apart for their residence, it is agreed that the Seminoles west may

576

TBEATY WITH THE PAWNEE, 1867.

Creek laws, force of
in Seminole country.

This treaty to super¬
sede former inconsist¬
ent ones; when to
take effect.

Sept. 24, 1857.

11 Stats., 729.
Proclaimed May 26,
1858.

Ratified, Mar. 31,
1858.

Lands hereby ceded
by the Pawnees to the
United States.

Reservation.

Payment to Paw-

make such arrangement, not inconsistent with this instrument, as may
be satisfactory to their brethren in Florida.

Article 25. The Creek laws shall be in force and continue to oper¬
ate in the country herein assigned to the Seminoles, until the latter
remove thereto; when they shall cease and be of no effect.

Article 26. This convention shall supersede and take the place of
all former treaties, between the United States and the Creeks, between
the United States and the Florida Indians and Seminoles, and between
the Creeks and Seminoles, inconsistent herewith; and shall take effect
and be obligatory on the contracting parties from the date hereof,
whenever it shall be ratified by the Senate and President of the United
States.

Article 27. And it is further agreed, that nothing herein contained
shall be so construed as to release the United States from any liability
other than those in favor of said nations or individuals thereof.

TREATY WITH THE PAWNEE, 1857.

Articles of agreement and convention made this twenty -fourth day of
September , A. D. 1857, at Table Creek , Nebraska Territory , between
James W. Denver , commissioner on behalf of the United States , and
the chiefs and head-men of the four confederate bands of Pawnee
Indians , viz: Grand Pawnees , Pawnee loups , Pawnee Depublicans,
and Pawnee Tappalis, and generally known as the Pawnee tribe .

Article 1. The confederate bands of the Pawnees aforesaid, hereby
cede and relinquish to the United States all their right, title, and inter¬
est in and to all the lands now owned or claimed by them, except as
hereinafter reserved, and which are bounded as follows, viz: On the
east by the lands lately purchased by the United States from the
Omahas; on the south by the lands heretofore ceded by the Pawnees
to the United States; on the west by a line running due north from
the junction of the North with the South Fork of the Platte River, to
the Keha-Paha River; and on the north b}^ the Keha-Paha River to its
junction with the Niobrara, L’eauqui Court, or Running- Water River,
and thence, by that river, to the western boundary of the late Omaha
cession. Out of this cession the Pawnees reserve a tract of country,
thirty miles long from east to west, by fifteen miles wide from north
to south, including both banks of the Loup Fork of the Platte River;
the east line of which shall be at a point not further east than the
mouth of Beaver Creek. If, however, the Pawnees, in conjunction
with the United States agent, shall be able to find a more suitable
localit}r for their future homes, within said cession, then, they are
to have the privilege of selecting an equal quantity of land there, in
lieu of the reservation herein designated, all of which shall be done as
soon as practicable; and the Pawnees agree to remove to their new
homes, thus reserved for them, without cost to the United States,
within one year from the date of the ratification of this treaty by the
Senate of the United States, and, until that time, they shall be per¬
mitted to remain where they are now residing, without molestation.

Article 2. In consideration of the foregoing cession, the United
States agree to pay to the Pawnees the sum of forty thousand dollars
per annum, for five years, commencing on the first day of January,
A. D. eighteen hundred and fifty-eight; and, after the end of five years,
thirty thousand dollars per annum, as a perpetual annuity, at least
one-half of which annual payments shall be made in goods, and such
articles as may be deemed necessary for them.

And it is further agreed that the President may, at any time, in his
discretion, discontinue said perpetuity, by causing the value of a fair

TREATY WITH THE PAWNEE, 1857.

577

commutation thereof to be paid to, or expended for the benefit of, said
Indians, in such manner as to him shall seem proper.

Article 3. In order to improve the condition of the Pawnees, and United States to es-
teach them the arts of civilized life, the United States agree to estab- SX.manual labM
Jish among them, and for their use and benefit, two manual-labor
schools, to be governed by such rules and regulations as may be pre¬
scribed by the President of the United States, who shall also appoint
the teachers, and, if he deems it necessary, may increase the number
of schools to four. In these schools, there shall be taught the various
branches of a common-school education, and, in addition, the arts of
agriculture, the most useful mechanical arts, and whatever else the
President may direct. The Pawnees, on their part, agree that each aSST tobekept
and every one of their children, between the ages of seven and eight¬
een years, shall be kept constantly at these schools for, at least, nine
months in each year; and if any parent or guardian shall fail, neglect,
or refuse to so keep the child or children under his or her control at
such school, then, and in that case, there shall be deducted from the
annuities to which such parent or guardian would be entitled, either
individually or as parent or guardian, an amount equal to the value,
in time, of the tuition thus lost; but the President may at any time
change or modify this clause as he may think proper. The chiefs shall
be held responsible for the attendance of orphans who have no other
guardians; and the United States agree to furnish suitable houses and
farms for said schools, and whatever else may be necessary to put
them in successful operation; and a sum not less than five, thousand
dollars per annum shall be applied to the support of each school, so
long as the Pawnees shall, in good faith, comply with the provisions
of this article; but if, at any time, the President is satisfied they are
not doing so, he may, at his discretion, discontinue the schools in
whole or in part.

Article 4. The United States agree to protect the Pawnees in the tecteaTiTtt^e new
possession of their new homes. The U nited States also agree to fur- homes. m eir new
nish the Pawnees:

First, with two complete sets of blacksmith, gunsmith, and tinsmith supply ' certain
tools, not to exceed in cost seven hundred and fifty dollars; and erect ’ c‘
shops at a cost not to exceed five hundred dollars; also five hundred
dollars annually, during the pleasure of the President, for the pur¬
chase of iron, steel, and other necessaries for the same. The United
States are also to furnish two blacksmiths, one of whom shall be a gun¬
smith and tinsmith; but the Pawnees agree to furnish one or two
young men of their tribe to work constantly in each shop as strikers or
apprentices, who shall be paid a fair compensation for their labor.

Second. The United States agree to furnish farming utensils and utensils

stock, worth twelve hundred dollars per annum, for ten years, or dur¬
ing the pleasure of the President, and for the first year’s purchase of
stock, and for erecting shelters for the same, an amount not exceed¬
ing three thousand dollars, and also to employ a farmer to teach the
Indians the arts of agriculture.

Third. The United States agree to have erected on said reservation to erect and run a
a steam-mill, suitable to grind grain and saw lumber, which shall not mi11,
exceed in cost six thousand dollars, and to keep the same in repair for
ten years; also, to employ a miller and engineer for the same length
of time, or longer, at the discretion of the President; the Pawnees
agreeing to furnish apprentices, to assist in working the mill, who
shall be paid a fair compensation for their services. .

Fourth. The United States agree to erect dwelling-houses for the Dwellings for inter¬
interpreter, blacksmiths, farmer, miller and engineer, which shall not preter>etc
exceed in cost five hundred dollars each; and the Pawnees agree to
prevent the members of their tribe from injuring or destroying the
houses, shops, machinery, stock, farming utensils, and all other things

S. Doc. 452 - 37

578

TREATY WITH THE PAWNEE, 1857.

Pawnees to be
friendly, and not to
make war, except,
etc.

United States may
build forts on lands
of Pawnees.

White persons not
to reside thereon un¬
less licensed.

Pawnees not to
alienate any part
thereof.

United States to fur¬
nish six laborers.

Offenders against
United States laws,
etc., to be surrendered.

Provision for the
half-breeds of the
tribe.

furnished by the Government, and if any such shall be carried away,
injured, or destroyed, by any of the members of their tribe, the value
of the same shall be deducted from the tribal annuities. Whenever
the President shall become satisfied that the Pawnees have sufficiently
advanced in the acquirement of a practical knowledge of the arts and
pursuits to which this article relates, then, and in that case, he may
turn over the property to the tribe, and dispense with the services of
any or all of the employees herein named.

Article 5. The Pawnees acknowledge their dependence on the Gov¬
ernment of the United States, and promise to be friendly with all the
citizens thereof, and pledge themselves to commit no depredations on
the property of such citizens, nor on that of any other person belong¬
ing to any tribe or nation at peace with the United States. And
should any one or more of them violate this pledge, and the fact be
satisfactorily proven before the agent, the property taken shall be
returned, or in default thereof, or if injured or destroyed, compensa¬
tion may be made by the Government out of their annuities. Nor
will they make war on any other tribe, except in self-defence, but will
submit all matters of difference between them and other Indians to
the Government of the United States, or its agent, for decision, and
abide thereby.

Article 6. The United States agent may reside on or near the
Pawnee reservation; and the Pawnees agree to permit the United
States to build forts and occupy military posts on their lands, and to
allow the whites the right to open roads through their territories; but
no white person shall be allowed to reside on any part of said reserva¬
tion unless he or she be in the employ of the United States, or be
licensed to trade with said tribe, or be a member of the family of such
employe or licensed trader; nor shall the said tribe, or any of them,
alienate any part of said reservation, except to the United States; but,
if they think proper to do so, they may divide said lands among them¬
selves, giving to each person, or each ~ head of a family, a farm, sub¬
ject to their tribal regulations, but in no instance to be sold or disposed
of to persons outside, or not themselves of the Pawnee tribe.

Article 7. The United States agree to furnish, in addition to the
persons heretofore mentioned, six laborers for three years, but it is
expressly understood that while these laborers are to be under the
control, and subject to the orders, of the United States agent, they are
employed more to teach the Pawnees how to manage stock and use the
implements furnished, than as merely laboring for their benefit; and
for every laborer thus furnished by the United States, the Pawnees
engage to furnish at least three of their tribe to work with them, who
shall also be subject to the orders of the agent, and for whom the
chiefs shall be responsible.

Article 8. The Pawnees agree to deliver up to the officers of the
United States all offenders against the treaties, laws, or regulations of
the United States, whenever they may be found within the limits of
their reservation; and they further agree to assist such officers in dis¬
covering, pursuing, and capturing any such offender or offenders,
anywhere, whenever called on so to do; and they agree, also, that, if
they violate any of the stipulations contained in this treaty, the Presi¬
dent may, at his discretion, withhold apart, or the whole, of the annuities
herein provided for.

Article 9. The Pawnees desire to have some provision made for the
half-breeds of their tribe. Those of them who have preferred to reside,
and are now residing, in the nation, are to be entitled to equal rights
and privileges with other members of the tribes, but those who have
chosen to follow the pursuits of civilized life, and to reside among the
whites, viz: Baptiste Bayhylle, William Bayhylle, Julia Bay hy lie,
Frank Tatahyee, William Nealis, Julia Nealis, Catharine Papan, Politte

TREATY WITH SENECA, TONAWANDA BAND, 1857.

579

Papan, Rousseau Papan, Charles Papan, Peter Papan, Emily Papan,

Henry Geta, Stephen Geta, James Cleghorn, Eliza Deroine, are to be
entitled to scrip for one hundred and sixty acres, or one quarter sec¬
tion, of land for each, provided application shall be made for the same
within five years from this time, which scrip shall be receivable at the
United States land-offices, the same as military bounty-land warrants,
and be subject to the same rules and regulations.

Article 10. Samuel Allis has long been the firm friend of the Two thousand dol-
Pawnees, and in years gone by has administered to their wants and ^ to be paid Samuel
necessities. When in distress, and in a state of starvation, they took
his property and used it for themselves, and when the small-pox was
destroying them, he vaccinated more than two thousand of them; for
all these things, the Pawnees desire that he shall be paid, but they
think that the Government should pay a part. It is, therefore, agreed
that the Pawnees will pay to said Allis one thousand dollars, and the
United States agree to pay him a similar sum of one thousand dollars,
as a full remuneration for his services and losses.

Article 11. Ta-ra-da-ka-wa, head-chief of the Tappahs band, and Acknowledgment of
four other Pawnees, having been out as guides for the United States uSedstetesVices by
troops, in their late expedition against the Cheyennes, and having to
return by themselves, were overtaken and plundered of everything
given them by the officers of the expedition, as well as their own prop¬
erty, barely escaping with their lives; and the value of their services
being fully acknowledged, the United States agree to pay to each of
them one hundred dollars, or, in lieu thereof, to give to each a horse
worth one hundred dollars in value.

Article 12. To enable the Pawnees to settle any just claims at contingent claims
present existing against them, there is hereby set apart, by the United agams e awnees-
States, ten thousand dollars, out of which the same may be paid, when
presented, and proven to the satisfaction of the proper department;
and the Pawnees hereby relinquish all claims they may have against
the United States under former treaty stipulations.

TREATY WITH SENECA, TONA WANDA BAND, 1857.

Articles of agreement and convention made this fifth day of November, nov. s, mn.
in the year one thousa/nd eight hundred and fifty seven , at the meeting nstat. 735.
house on the Tonawanda reservation , in the county of Genesee , and 12 stay 991.

State of New York , between Charles E. Mix , commissioner on behalf vm* aim Mar' 3 ’
of the United States , and the following persons , duly authorized 18;|atified June 4>
thereunto by the Tonawanda band of Seneca Indians , viz: Jdbez
Ground , Jesse Spring , Isaac Shanks , George Sky , and Ely S.

Parker.

Former treaties.

Whereas a certain treaty was heretofore made between the Six
Nations of New York Indians and the United States on the 15th day
of January, 1838, and another between the Seneca Nation of Indians
and the United States on the 20th day of May, 1842, by which, among
other things, the Seneca Nation of Indians granted and conveyed to Ante,p- 3-
Thomas Ludlow Ogden and Joseph Fellows the two certain Indian
reservations in the State of New York known as the Buffalo Creek
and the Tonawanda reservations, to be surrendered to the said Ogden
and Fellows, on the performance of certain conditions -precedent defined
in said treaties; and

Whereas in and by the said treaties there were surrendered and
relinquished to the United States 500,000 acres of land in the then
Territory of Wisconsin; and

Whereas the United States, in and by said treaties, agreed to set
apart for said Indians certain lands in the Indian Territory immediately

rms of said

580

Certain claims under
former treaties relin¬
quished.

Pay for such surren¬
der.

Tonawandas may
purchase reservation.

United States will
pay therefor not ex¬
ceeding $20 per acre.

Deed to run to Sec¬
retary of the Interior
in trust.

Unimproved lands
surrendered.

TREATY WITH SENECA, TONA WANDA BAND, 1857.

west of the Missouri, and to grant the same to them, to be held and
enjoyed in fee-simple, the quantity of said lands being computed to
afford 320 acres to each soul of said Indians, and did agree that any
individual, or any number of said Indians, might remove to said Terri¬
tory, and thereupon be entitled to hold and enjoy said lands, and all
the benefits of said treaties, according to numbers, respectively; and

Whereas the United States did further agree to pav the sum of
$400,000 for the removal of the Indians of New York to the said Terri¬
tory, and for their support and assistance during the first year of their
residence in said Territory; and

Whereas the said Ogden and Fellows did agree to pay to the said
Seneca Nation of Indians, as the consideration of the surrender and
relinquishment of the said two reservations, known as the Buffalo
Creek and Tonawanda reservations, certain sums of money, one part
of which was to be paid to the individual Indians residing upon said
reservations, for the improvements held and owned by them in
severalty, the amount of which “improvement money” heretofore
apportioned to those residing upon the Tonawanda reservation, being
$1 5,018x^0, which money has been paid into, and still remains in the
Treasury of the United States; and

Whereas, for divers reasons and differences, the said treaties remain
unexecuted as to the said Tonawanda reservation, and the band of
Senecas residing thereon; and

Whereas it is ascertained, at the date of these articles, that the Sen¬
eca Indians, composing the Tonawanda band and residing upon the
Tonawanda reservation, amount to 650 souls in number; and

Whereas the United States are willing to exercise the liberal policy
which has heretofore been exercised in regard to the Senecas, and for
the purpose of relieving the Tonawandas of the difficulties and troubles
under which they labor,

These articles are entered into:

Article 1. The said persons, authorized as in the caption hereof
stated, hereby surrender and relinquish to the United States all claims
severally and in common as a band of Indians, and as a part of the
Seneca Nation, to the lands west of the State of Missouri, and all right
and claim to be removed thither, and for support and assistance after
such removal, and all other claims against the United States under the
aforesaid treaties of 1838 and 1842, except, however, such moneys as
they may be entitled to under said treaties, paid or payable by the said
Ogden and Fellows.

Article 2. In consideration of which aforesaid surrender and relin¬
quishment, the United States agree to pay and invest, in the manner
hereinafter specified, the sum of $256,000 for the said Tonawanda band
of Indians.

Article 3. It is hereby agreed that the Tonawanda band may pur¬
chase of the said Ogden and Fellows, of the survivor of them, or of
their heirs or assigns, the entire Tonawanda reservation, or such por¬
tions thereof as they may be willing to sell and said band may be will¬
ing to purchase; and the United States undertake and agree to pay for
the same out of the said sum of $256,000, upon the express condition
that the rate of purchase shall not exceed, on an average, $20 per acre.

The land so purchased shall be taken by deed of conveyance to the
Secretary of the Interior of the United States, and his successors in
office, in fee, to be held by him in trust for the said Tonawanda band
of Indians and their exclusive use, occupation, and enjoyment, until
the legislature of the State of New York shall pass an act designating
some persons, or public officer of that State, to take and hold said land
upon a similar trust for said Indians; whereupon they shall be granted
by the said Secretary to such persons or public officer.

Article 4. And the said Tonawanda band of Indians hereby agree
to surrender, relinquish, and give up to the said Ogden and Fellows,

TREATY WITH SENACA, TONAWANDA BAND, 1857.

581

the survivor of them, or their assigns — provided the whole reservation
shall not be purchased — the unimproved lands which they shall not
purchase, as aforesaid, within thirty days after this treaty shall be
proclaimed by the President of the United States, and the" improved
lands which they shall not purchase, as aforesaid, on the 1st day of
June, 1859.

Article 5. For the purpose of contracting for and making purchase
of the lands contemplated herein, a majority of the chiefs and head¬
men of said Tonawanda band, in council assembled, may appoint one
or more attorneys with adequate powers, which appointment must be
approved by the Secretary of the Interior before such attorney or
attorneys can have power to act in the premises.

Article 6. Whenever a quantity of said lands, amounting to 6,500
acres, at the least, upon the terms hereinbefore provided, may be pur¬
chased, written notice, executed by the chiefs and head-men in coun¬
cil, and acknowledged before a justice of the supreme court of New
York, or judge of the superior court of the city of Buffalo, shall be
given to the Secretary of the Interior, whereupon the portion of said
sum of $256,000, not expended in the purchase of lands, as aforesaid,
shall be invested by the said Secretary of the Interior in stocks of the
United States, or in stocks of some of the States, at his discretion;
and the increase arising from such investment shall be paid to the said
Tonawanda Indians, at the time and in the manner that the annuities
are paid which said Indians are now entitled to receive from the United
States.

Article 7. It is hereby agreed that the sum of $15,018TW “im¬
provement money,” heretofore apportioned to the Indians upon the
Tonawanda reservation, shall be again apportioned by an agent, to be
appointed by the chiefs and head-men in council assembled, to be
approved by the Secretary of the Interior, which agent shall make a
report of such apportionment to the said Secretary of the Interior,
and if he concur therein, the shares so ascertained shall be paid to the
individual Indians entitled thereto, who shall surrender and relinquish
to the said Ogden and Fellows, or the survivor of them, or their
assigns, their improvements, and any balance remaining shall be paid
to the chiefs and head-men of the band, to be disbursed by them in
payment of the debts or for the use of the band. The services of the
agent to be thus appointed, and all other expenses attending the exe¬
cution of these articles, are to be paid by the United States out of any
moneys coming to the Tonawandas.

Supplemental articles of agreement and convention , made this fifth day
of November, in the year one thousand eight hundred and fifty-seven,
at the meeting-house on the Tonawanda reservation , in the county of
Genesee , State of New York, between Charles E. Mix , commissioner
on behalf of the United States , of the first part, and the following
persons, duly authorized thereunto by the Tonawanda band of Seneca
Indians, viz: Jahez Ground, Jesse Spring, Isaac Shanks, George
Sky, and Ely S. Parker , of the second part.

Whereas, at the date hereof and concurrent with the execution of
this instrument, articles of agreement and convention have been
entered into between the parties aforesaid, in and by which articles it
is provided that the said Tonawanda band of Seneca Indians may pur¬
chase portions of the Tonawanda reservation, “upon the express con¬
dition that the rate of purchase shall not exceed $20 per acre on an
average.” .

And whereas the President of the United States may deem it dis¬
creet and expedient that certain portions of said reservations, held in

Tonawandas may
appoint one or more
attorneys.

Part of purchase
money to be invested
in stocks.

Improvement mon¬
ey to be apportioned.

Supplemental arti¬
cles.

582

TREATY WITH THE PONCA, 1858.

Portions of reserva¬
tion may be bought
for more than $20p§r
acre, if, etc.

Mar. 12, 1858.

12 Stats., 997.
Proclamation Apr.
11, 1859.

Ratified Mar. 8, 1859.

Cession of all lands
to the United States.

Reservation.

Boundaries.

Stipulations on the
part of the United
States.

To protect the Pon¬
ca.

To pay them annui¬
ties for thirty years.

How to be paid.

severalty by the assigns of said Ogden and Fellows, should be pur¬
chased by said Indians if it shall be necessary so to do, at a rate
exceeding $20 per acre on an average.

Now, therefore, the said parties of the second part agree, that por¬
tions of said reservation may be purchased by the authorized agents
of said Indians for them, and paid for out of said sum of $256,000,
at a rate exceeding $20 per acre on an average, provided the contract
or contracts therefor shall be first submitted to and approved by the
President, or some public officer to be designated by him.

And the said parties of the second part solicit the President to
accept and adopt this supplement as a part of the said articles of agree¬
ment and convention entered into concurrent with the execution of
this agreement.

TREATY WITH THE PONCA, 1858.

Articles of agreement and convention made and concluded at the city of
Washington , on the twelfth day of March, one thousand eight hundred
and fifty-eight, by Charles E. Mix , commissioner on the part of the
United States , and Wa-gah-sah-pi , or Whip; Gish-tah-wah-gu , or
Strong Walker; Mitchell P. Cera , or Wash-kom-moni; A-shno-ni-
kah-gah-hi , or Lone Chief; Shu-kah-bi, or Heavy Clouds; Tah-
tungah-nushi , or Standing Buffalo , on the part of the Ponca tribe
of Indians; they being thereto duly authorized and empowered by
said tribe.

Article 1. The Ponca tribe of Indians hereby cede and relinquish
to the United States all the lands now owned or claimed by them,
wherever situate, except the tract bounded as follows, viz: Beginning
at a point on the Neobrara River and running due north, so as to inter¬
sect the Ponca River twenty -five miles from its mouth ; thence from

said point of intersection, up and along the Ponca River, twenty -

miles; thence due south to the Neobrara River; and thence down and
along said river to the place of beginning; which tract is hereby
reserved for the future homes of said Indians; and to which they
agree and bind themselves to remove within one year from the date of
the ratification of this agreement by the Senate and President of the
United States.

Article 2. In consideration of the foregoing cession and relinquish¬
ment, the United States agree and stipulate as follows, viz:

First. To protect the Poncas in the possession of the tract of land
reserved for their future homes, and their persons and property
thereon, during good behavior on their part.

Second. To pay to them, or expend for their benefit, the sum of twelve
thousand dollars ($12,000) per annum for five years; commencing with
the year in which they shall remove to and settle upon the tract
reserved for their future homes; ten thousand dollars ($10,000) per
annum for ten years, from and after the expiration of the said five
years; and thereafter eight thousand dollars ($8,000) per annum, for
fifteen years; of which sums the President of the United States shall,
from time to time, determine what proportion shall be paid to the
Poncas in cash, and what proportion shall be expended for their bene¬
fit; and also in what manner or for what objects such expenditure shall
be made. He shall likewise exercise the power to make such provision
out of the same, as he may deem to he necessary and proper for the
support and comfort of the aged and infirm members of the tribe.

In case of any material decrease of the Poncas in number, the said

TREATY WITH THE PONCA, 1858.

583

amounts shall be reduced and diminished in proportion thereto, or
they may, at the discretion of the President, be discontinued altogether
should said Indians fail to make satisfactory efforts to advance and
improve their condition; in which case such other provision shall be
made for them as the President and Congress may judge to be suitable
and proper.

Third. To expend the sum of twenty thousand dollars ($20,000) in pendS, ooolor^ub-
maintaining and subsisting the Poncas during the first year after their sistence, building
removal to their new homes, purchasing stock and agricultural imple- houses’ etc'
ments, breaking up and fencing land, building houses, and in making
such other improvements as may be necessary for their comfort and
welfare.

Fourth. To establish, and to maintain for ten years, at an annual c^Sentobe^eptat
expense not to exceed five thousand dollars, ($5,000,) one or more school6 o r payment
manual-labor schools for the education and training of the Ponca youth dlseontmued-
in letters, agriculture, the mechanic arts, and housewifery; which
school or schools shall be managed and conducted in such manner as
the President of the United States shall direct; the Poncas hereby
stipulating to constantly keep thereat, during at least nine months in
every year, all their children between the ages of seven and eighteen
years; and that, if this be not done, there shall be deducted from the
shares of the annuities due to the parents, guardians, or other persons
having control of the children, such amounts as may be proportioned
to the deficiency in their time of attendance, compared with the said
nine months, and the cost of maintaining and educating the children
during that period. It is further agreed that such other measures
may be adopted, to compel the attendance of the children at the school
or schools as the President may think proper and direct; and whenever
he shall be satisfied of a failure to fulfil the aforesaid stipulation on
the part of the Poncas, he may, at his discretion, diminish or wholly
discontinue the allowance and expenditure of the sum herein set apart
for the support and maintenance of said school or schools.

Fifth. To provide the Poncas with a mill suitable for grinding grain grfs° mml1 mechanic^
and sawing timber, one or more mechanic shops, with the necessary Ihop^tc.’1116 1C
tools for the same, and dwelling-houses for an interpreter, miller,
engineer for the mill, if one be necessary, farmer, and the mechanics
that may be employed for their benefit, the whole not to exceed in
cost the sum of ten thousand five hundred dollars, ($10,500;) and also
to expend annually, for ten years, or during the pleasure of the Pres¬
ident, an amount not exceeding seven thousand five hundred dollars,

($7,500,) for the purpose of furnishing said Indians with such aid and
assistance in agricultural and mechanical pursuits, including the work¬
ing of said mill, as the Secretary of the Interior may consider advan¬
tageous and necessary for them; the Poncas hereby stipulating to prS°“ aP-
furnish from their tribe the number of young men that may be required
as apprentices and assistants in the mill and mechanic shops, and at
least three persons to work constantly with each laborer employed for
them in agricultural pursuits, it being understood that such laborers
are to be employed more for the instruction of the Indians than merely
to work for their benefit. The persons so to be furnished by the tribe
shall be allowed a fair and just compensation for their services, to be
fixed by the Secretary of the Interior.

The Poncas further stipulate and bind themselves to prevent any of m^gp^rntinjUTyt0
the members of their tribe from destroying or injuring the said houses,
shops, mill, machinery, stock, farming utensils, or any other thing
furnished them by the Government; and in case of any such destruc¬
tion or injury, or of any of the things so furnished being carried off
by any member or members of their tribe, the value of the same shall

584

TREATY WITH THE PONCA, 1858.

houses, a etc., givln deducted from the tribal annuities. And whenever the President
them, when, etc. shall be satisfied that the Poncas have become sufficiently confirmed in
habits of industry, and advanced in acquiring a practical knowledge
of agriculture and the mechanic arts, he may, at his discretion, cause
to be turned over to the tribe all of the said houses and other property
furnished them by the United States, and dispense with the services
of any or all of the persons hereinbefore stipulated to be employed
for their benefit and assistance.

faoS n Sixth. To provide and set apart the sum of twenty thousand dollars
Poicaligations fort^e ($20,000) to enable the Poncas to adjust and settle their existing obli¬
gations and engagements, including depredations committed by them
on property of citizens of the United States prior to the date of the
ratification of this agreement, so far as the same may be found and
decided by their agent to be valid and just, subject to the approval of
the Secretary of the Interior; and in consideration of the long-con-
Hoiimannand to wn- tinued friendship and kindness of Joseph Hollman and William G.
liam g. Crawford. Crawford toward the Poncas, of their furnishing them, when in distress,

with large quantities of goods and provisions, and of their good coun¬
sel and advice, in consequence of which peace has often been preserved
between the Poncas and other Indians and the whites, it is agreed that
out of the above-mentioned amount they shall be paid the sum of three
thousand five hundred dollars, ($3,500,) and the sum of one thousand
to Jesse Williams, dollars ($1,000) shall in like manner be paid to J esse Williams, of Iowa,
in full for his claim, as such has been admitted by the Poncas for dep¬
redations committed by them on his property.
breeds^0118 for half‘ Article 3. The Poncas being desirous of making provision for their
half-breed relatives, it is agreed that those who prefer and elect to
reside among them shall be permitted to do so, and be entitled to and
enjoy all the rights and privileges of members of the tribe; but to
those who have chosen and left the tribe to reside among the whites
and follow the pursuits of civilized life, viz: Charles Leclaire, Fort
Piere, N. T. ; Cillaste Leclaire, Pottowattomie, K. T. ; Ciprian Leclaire,
St. Louis, Missouri; Julia Harvey^ Omaha, N. T. ; Jenny Ruleau,
Sioux City, Iowa; David Leclaire, Amelia Deloge, and Laura Deloge,
scrip for leo acres of at the Omaha mission, there shall be issued scrip for one hundred and
an o issue each, acres 0f land each, which shall be receivable at the United States
land-offices in the same manner, and be subject to the same rules and
regulations as military bounty-land warrants. And in consideration
And to Francis Roy. of the faithful services rendered to the Poncas by Francis Roy, their
interpreter, it is agreed that scrip shall, in the like manner and amount,
be issued to his wife and to each of his six children now living, with-
scrip to be applied out their being required to leave the nation. Provided , That application
for in five years. for the said scrip shall be made to the Commissioner of Indian Affairs
within five years from and after the date of the ratification of this
agreement.

■united states may Article 4. The United States shall have the right to establish and
p^strmdJetclitary maintain such military posts, roads, and Indian agencies as may be
deemed necessary within the tract of country hereby reserved for the
Poncas, but no greater quantity of land or timber shall be used for
said purposes than shall be actually requisite; and if, in the establish¬
ment or maintenance of such posts, roads, and agencies, the property
of any Ponca shall be taken, injured, or destroyed, just and adequate
compensation shall be made therefor by the United States. And all
roads or highways authorized by competent authority, other than the
United States, the lines of which shall lie through said tract, shall
have the right of way through the same; the fair and just value of
such right being paid to the Poncas therefor by the party or parties
authorizing the same or interested therein; to be assessed and deter-

585

TREATY WITH THE PONCA, 1858.

mined in such manner as the President of the United States shall
direct.

Article 5. No white person, unless in the employment of the
United States, or duly licensed to trade with the Poncas, or members
of the family of such persons, shall be permitted to reside, or to make
any settlement, upon any part of the tract herein reserved for said
Indians, nor shall the latter alienate, sell, or in manner dispose of any
portion thereof, except to the United States; but, whenever they may
think proper, they may divide said tract among themselves, giving to
each head of a family or single person a farm, with such rights of pos¬
session, transfer to any other member of the tribe, or of descent to
their heirs and representatives, as may be in accordance with the laws,
customs, and regulations of the tribe.

Article 6. Such persons as are now lawfully residing on the lands
herein ceded by the Poncas shall each have the privilege of entering
one hundred and sixty acres thereof, to include any improvements
they may have, at one dollar and twenty-live cents per acre.

Article 7. The Poncas acknowledge their dependence upon the
Government of the United States, and do hereby pledge and bind
themselves to preserve friendly relations with the citizens thereof, and
to commit no injuries or depredations on their persons or property,
nor on those of members of any other tribe; but, in case of any such
injury or depredation, full compensation shall, as far as practicable,
be made therefor out of their tribal annuities; the amount in all cases
to be determined by the Secretary of the Interior. They further pledge
themselves not to engage in hostilities with any other tribe, unless in
self-defence, but to submit, through their agent, all matters of dispute
and difficulty between themselves and other Indians for the decision
of the President of the United States, and to acquiesce in and abide
thereby. They also agree, whenever called upon by the proper officer,
to deliver up all offenders against the treaties, laws, or regulations of
the United States, who may be within the limits of their reservation,
and to assist in discovering, pursuing, and capturing all such offenders,
whenever required to do so by such officer.

Article 8. To aid in preventing the evils of intemperance, it is
hereby stipulated that if any of the Poncas shall drink, or procure for
others, intoxicating liquor, their proportion of the tribal annuities
shall be withheld from them for at least one year; and for a violation
of any of the stipulations of this agreement on the part of the Poncas,
they shall be liable to have their annuities withheld, in whole or in
part, and for such length of time as the President of the United States
shall direct.

Article 9. No part of the annuities of the Poncas shall be taken to
pay any claims or demands against them, except such as may arise
under this agreement, or under the trade and intercourse laws of the
United States; and the said Indians do hereby fully relinquish and
release the United States from all demands against them on the part
of the tribe or any individuals thereof, except such as are herein stip¬
ulated and provided for.

Article 10. The expenses connected with the negotiation of this
agreement shall be paid by the United States.

Whites not to reside
on reservation, unless,
etc.

Lawful residents of
lands hereby ceded
may enter 160 acres at
#1.25 per acre.

Ponca to maintain
friendly relations.

To pay for depreda¬
tions.

Not to make war, ex¬
cept, etc.

To surrender of¬
fenders.

Annuities to be
withheld from those
drinking, etc., intoxi¬
cating liquor.

Annuities of Indi¬
ans not to pay indi¬
vidual debts.

Release of claims.

Expenses of nego¬
tiation, how borne.

586

TREATY WITH YANKTON SIOUX, 1858.

Apr. 19, 1858.

11 Stat., 743.
Proclaimed Feb. 26,
1859.

Ratified Feb.16,1859.

Lands relinquished
to the United States,
except, etc.

Boundaries of land
ceded.

Islands in the Mis¬
souri River.

Title.

TREATY WITH YANKTON SIOUX, 1858.

Articles of agreement and convention made and concluded at the city of
Washington , this nineteenth day of April, A. D. one thousand eight
hundred and fifty-eight , by Charles E. Mix , commissioner on the
' part of the United States , and the following -named chiefs cmd dele¬
gates of the Yancton tribe of Sioux or Dacotah Indians , viz:

Pa-la-ne-a-pa-pe, the man that was struck by the Bee.
Ma-to-sa-be-che-a, the smutty bear.

Charles F. Picotte , Eta-ke-cha.

Ta-ton-ka-wete-co , the crazy bull.

Pse-cha-wa-kea, the jumping thunder.

Ma-ra-ha-ton , the iron horn.

Mombe-kah-pah , one that knocks down two.

Ta-ton-ka-e-yah-ka , the fast bull.

A-ha-ka-ma-ne , the walking elk.

A-ha-ka-na-zhe , the standing elk.

A-ha-ka-ho-che-cha , the elk with a bad voice.

Cha-ton-wo-ka-pa , the grabbing hawk.

E-ha-we-cha-sha , the owl man.

Pla-son-wa-kan-na-ge , the white medicine cow that stands.
Ma-ga-scha-che-ka , the little white swan.

Oke-che-la-wash-ta , the pretty boy.

( The three last names signed by their duly-authorized agent and rep¬
resentative, , Charles F. Picotte ,) they being thereto duly authorized and
empowered by said tribe of Indians.

Article 1. The said chiefs and delegates of said tribe of Indians do
hereby cede and relinquish to the United States all the lands now
owned, possessed, or claimed by them, wherever situated, except four
hundred thousand acres thereof, situated and described as follows, to
wit — Beginning at the mouth of the Naw-izi-wa-koo-pah or Chouteau
River and extending up the Missouri River thirty miles; thence due
north to a point; thence easterly to a point on the said Chouteau
River; thence down said river to the place of beginning, so as to in¬
clude the said quantity of four hundred thousand acres. They, also,
hereby relinquish and abandon all claims and complaints about or
growing out of any and all treaties heretofore made by them or other
Indians, except their annuity rights under the treaty of Laramie, of
September 17, A. D. 1851.

Article 2. The land so ceded and relinquished by the said chiefs
and delegates of the said tribe of Yanctons is and shall be known and
described as follows, to wit —

“ Beginning at the mouth of the Tchan-kas-an -data or Calumet or
Big Sioux River; thence up the Missouri River to the mouth of the
Pa-hah-wa-kan or East Medicine Enoll River; thence up said river to
its head; thence in a direction to the head of the main fork of the
Wan-dush-kah-for or Snake River; thence down said river to its
junction with the Tchan-san-san or Jaques or James River; thence in
a direct line to the northern point of Lake Kampeska; thence along
the northern shore of said lake and its outlet to the junction of said
outlet with the said Big Sioux River; thence down the Big Sioux River
to its junction with the Missouri River.”

And they also cede and relinquish to the United States all their right
and title to and in all the islands of the Missouri River, from the mouth
of the Big Sioux to the mouth of the Medicine Knoll River.

And the said chiefs and delegates hereby stipulate and agree that all
the lands embraced in said limits are their own, and that they have full
and exclusive right to cede and relinquish the same to the United States.
Article 3. The said chiefs and delegates hereby further stipulate

TREATY WITH YANKTOH SIOUX, 1858.

587

and agree that the United States may construct and use such roads as arc°r^

may be hereafter necessary across their said reservation by the consent the^ lands reserved,
and permission of the Secretary of the Interior, and by first paying ?haeSf. damages
the said Indians all damages and the fair value of the land so used for
said road or roads, which said damages and value shall be determined
in such manner as the Secretary of the Interior may direct. And the
said Yanctons hereby agree to remove and Me and reside on said res- etcfonS reservation
ervation within one year from this date, and, until they do so remove, within a year.

(if within said year,) the United States guarantee them in the quiet and
undisturbed possession of their present settlements.

Article 4. In consideration of the foregoing cession, relinquish-
ment, and agreements, the United States do hereby agree and stipulate
as follows, to wit:

. 1st. To protect the said Yanctons in the quiet and peaceable posses- Protection on the
sion of the said tract of four hundred thousand acres of land so reserved reseryed lands-
for their future home, and also their persons and property thereon dur¬
ing good behavior on their part.

2d. To pay to them, or expend for their benefit, the sum of sixty- tle^ayment of ammi‘
five thousand dollars per annum, for ten years, commencing with the ties'
year in which they shall remove to, and settle and reside upon, their said
reservation — forty thousand dollars per annum for and during ten years
thereafter — twenty -five thousand dollars per annum for and during ten
years thereafter — and fifteen thousand dollars per annum for and dur¬
ing twenty years thereafter; making one million and six hundred thou¬
sand dollars in annuities in the period of fifty years, of which sums the
President of the United States shall, from time to time, determine what
proportion shall be paid to said Indians, in cash, and what proportion
shall be expended for their benefit, and, also, in what manner and for
what objects such expenditure shall be made, due regard being had in
making such determination to the best interests of said Indians. He
shall likewise exercise the power to make such provision out of said
sums as he may deem to be necessary and proper for the support and
comfort of the aged or infirm, and helpless orphans of the said Indians.

In case of any material decrease of said Indians, in number, the said
amounts may, in the discretion of the President of the United States,
be diminished and reduced in proportion thereto — or they may, at the
discretion of the President of the United States, be discontinued
entirely, should said Indians fail to make reasonable and satisfactory
efforts to advance and improve their condition, in which case, such other
provisions shall be made for them as the President and Congress may
judge to be suitable and proper.

3d. In addition to the f oregoing sum of one million and six hundred Subsistence,
thousand dollars as annuities, to be paid to or expended for the benefit
of said Indians, during the period of fifty years, as before stated, the
United States hereby stipulate and agree to expend for their benefit the
sum of fifty thousand dollars more, as follows, to wit: Twenty-five Purchase of stock,
thousand dollars in maintaining and subsisting the said Indians during etc-
the first year after their removal to and permanent settlement upon their
said reservation ; in the purchase of stock, agricultural implements, or
other articles of a beneficial character, and in breaking up and fencing
land; in the erection of houses, ' store-houses, or other needful build¬
ings, or in making such other improvements as may be necessary for
their comfort and welfare.

4th. To expend ten thousand dollars to build a school-house or school- hosucs^ols and sch°o1-
houses, and to establish and maintain one or more normal-labor schools
(so far as said sum will go) for the education and training of the chil¬
dren of said Indians in letters, agriculture, the mechanic arts, and house¬
wifery, which school or schools shall be managed and conducted in
such manner as the Secretary of the Interior shall direct. The said
Indians hereby stipulating to keep constantly thereat, during at least
nine months in the year, all their children between the ages of seven

588

TREATY WITH YANKTON SIOUX, 1858.

Indians to furnish
apprentices for mills,
etc.

President may dis¬
continue allowance
for school.

United States to fur¬
nish mills, mechanic
shops, etc.

Mills, etc., not to be
injured.

If injured value to
be deducted from an¬
nuity.

Houses, etc., to he
given to the Indians
when, etc.

Portion of annuities
may be paid for debts,
etc.

Proviso.

Proviso

and eighteen years; and if any of the parents, or others having the care
of children, shall refuse or neglect to send them to school, such parts
of their annuities as the Secretary of the Interior may direct, shall be
withheld from them and applied as he may deem just and proper; and
such further sum, in addition to the said ten thousand dollars, as shall
be deemed necessary and proper by the President of the United States,
shall be reserved and taken from their said annuities, and applied annu¬
ally, during the pleasure of the President to the support of said schools,
and to furnish said Indians with assistance and aid and instruction in
agricultural and mechanical pursuits, including the working of the
mills, hereafter mentioned, as the Secretary of the Interior may con¬
sider necessary and advantageous for said Indians; and all instruction
in reading shall be in the English language. And the said Indians
hereby stipulate to furnish, from amongst themselves, the number of
young men that may be required as apprentices and assistants in the
mills and mechanic shops, and at least three persons to work constantly
with each white laborer employed for them in agriculture and mechan¬
ical pursuits, it being understood that such white laborers and assist¬
ants as may be so employed are thus employed more for the instruction
of the said Indians than merely to work for their benefit; and that the
laborers so to be furnished by the Indians may be allowed a fair and
just compensation for their services, to be fixed by the Secretary of
the Interior, and to be paid out of the shares of annuity of such In¬
dians as are able to work, but refuse or neglect to do so. And when¬
ever the President of the United States shall become satisfied of a
failure, on the part of said Indians, to fulfil the aforesaid stipulations,
he may, at his discretion, discontinue the allowance and expenditure
of the sums so provided and set apart for said school or schools, and
assistance and instruction.

5th. To provide the said Indians with a mill suitable for grinding
grain and sawing timber; one or more mechanic shops, with the neces¬
sary tools for the same; and dwelling-houses for an interpreter, miller,
engineer for the mill, (if one be necessary,) a farmer, and the mechanics
that may be employed for their benefit, and to expend therefor a sum
not exceeding fifteen thousand dollars.

Article 5. Said Indians further stipulate and bind themselves to
prevent any of the members of their tribe from destroying or injur¬
ing the said houses, shops, mills, machinery, stock, farming-utensils,
or any other thing furnished them by the Government, and in case of
any such destruction or injury of any of the things so furnished, or
their being carried off by any member or members of their tribe, the
value of the same shall be deducted from their general annuity; and
whenever the Secretary of the Interior shall be satisfied that said Indi¬
ans have become sufficiently confirmed in habits of industry and
advanced in the acquisition of a practical knowledge of agriculture
and the mechanic arts to provide for themselves, he may, at his dis¬
cretion, cause to be turned over to them all of the said houses and
other property furnished them by the United States, and dispense with
the services of any or all persons hereinbefore stipulated to be employed
for their benefit, assistance, and instruction.

Article 6. It is hereby agreed and understood that the chiefs and
head-men of said tribe may, at their discretion, in open council, author¬
ize to be paid out of their said annuities such a sum or sums as may
be found to be necessary and proper, not exceeding in the aggregate
one hundred and fifty thousand dollars, to satisfy their just debts and
obligations, and to provide for such of their half-breed relations as do
not live with them, or draw any part of the said annuities of said Indi¬
ans: Provided , however , That their said determinations shall be
approved by their agent for the time being, and the said payments
authorized by the Secretary of the Interior: Provided , also. That

TREATY WITH YANKTON SIOUX, 1858.

589

there shall not be so paid out of their said annuities in any one year, a
sum exceeding fifteen thousand dollars.

Article 7. On account of their valuable services and liberality to
the Yanctons, there shall be granted in fee to Charles F. Picotte and
Zephyr Rencontre, each, one section of six hundred and forty acres of
land, and to Paul Dorian one-half a section; and to the half-breed
Yancton, wife of Charles Reulo, and her two sisters, the wives of Eli
Bedaud and Augustus Traverse, and to Louis Le Count, each, one-half
a section. The said grants shall be selected in said ceded territory,
and shall not be within said reservation, nor shall they interfere in any
way with the improvements of such persons as are on the lands ceded
above by authority of law; and all other persons (other than Indians,
or mixed-bloods) who are now residing within said ceded country, by
authority of law, shall have the privilege of entering one hundred and
sixty acres thereof, to include each of their residences or improve¬
ments, at the rate of one dollar and twenty -five cents per acre.

Article 8. The said Yancton Indians shall be secured in the free
and unrestricted use of the red pipe-stone quarry, or so much thereof
as they have been accustomed to frequent and use for the purpose of
procuring stone for pipes; and the United States hereby stipulate and
agree to cause to be surveyed and marked so much thereof as shall be
necessary and proper for that purpose, and retain the same and keep
it open and free to the Indians to visit and procure stone for pipes
so long as they shall desire.

Article 9. The United States shall have the right to establish and
maintain such military posts, roads, and Indian agencies as may be
deemed necessary within the tract of country herein reserved for the
use of the Yanctons; but no greater quantity of land or timber shall
be used for said purposes than shall be actually requisite; and if, in the
establishment or maintenance of such posts, roads, and agencies, the
property of any Yancton shall be taken, injured, or destroyed, just
and adequate compensation shall be made therefor by the United States.

Article 10. No white person, unless in the employment of the
United States, or duly licensed to trade with the Yanctons, or members
of the families of such persons, shall be permitted to reside or make
any settlement upon any part of the tract herein reserved for said
Indians, nor shall said Indians alienate, sell, or in any manner dispose
of any portion thereof, except to the United States. Whenever the
Secretary of the Interior shall direct, said tract shall be surveyed and
divided as he shall think proper among said Indians, so as to give to
each head of a family or single person a separate farm, with such
rights of possession or transfer to any other member of the tribe or of
descent to their heirs and representatives as he may deem just.

Article 11. The Yanctons acknowledge their dependence upon the
Government of the United States, and do hereby pledge and bind
themselves to preserve friendly relations with the citizens thereof, and
to commit no injuries or depredations on their persons or property,
nor on those of members of any other tribe or nation of of Indians;
and in case of any such injuries or depredations by said Yanctons, full
compensation shall, as far as possible, be made therefor out of their
tribal annuities, the amount in all cases to be determined by the Secre¬
tary of the Interior. They further pledge themselves not to engage
in hostilities with any other tribe or nation, unless in self-defence, but
to submit, through their agent, all matters of dispute and difficulty
between themselves and other Indians for the decision of the President
of the United States, and to acquiesce in and abide thereby. They
also agree to deliver, to the proper officer of the United States all
offenders against the treaties, laws, or regulations of the United States,
and to assist in discovering, pursuing, and capturing all such offenders,
who may be within the limits of their reservation, whenever required
to do so by such officer.

Grants of land to
Charles F. Picotte,
Zephyr Rencontre,
Paul Dorian, and oth¬
ers.

Persons other than
Indians or mixed
bloods may enter 160
acres at 11.25 per acre.

Yankton to be se¬
cure in the use of the
red pipestone quarry.

United States may
maintain military
posts, etc.

No trade with In¬
dians unless licensed.

Land not to be alien¬
ated except, etc.

The Yankton to
preserve friendly rela¬
tions.

Surrender of offend¬
ers.

590

TREATY WITH THE SIOUX, 1858.

Tribal annuities to
be withheld if intem¬
perate, etc.

Article 12. To aid in preventing the evils of intemperance, it is
hereby stipulated that if any of the Yanctons shall drink, or procure
for others, intoxicating liquor, their proportion of the tribal annuities
shall be withheld from them for at least one year; and for a violation
of any of the stipulations of this agreement on the part of the Yanc¬
tons they shall be liable to have their annuities withheld, in whole or
in part, and for such length of time as the President of the United
States shall direct.

Annuities not to be
subject to debts, ex¬
cept, etc.

Release of all de¬
mands, etc.

Indian agent for
Yankton.

Expenses hereof to
be borne by theUnited
States.

When to take effect.

Article 13. No part of the annuities of the Yanctons shall be taken
to pay any debts, claims, or demands against them, except such exist¬
ing claims and demands as have been herein provided for, and except
such as may arise under this agreement, or under the trade and inter¬
course laws of the United States.

Article 14. The said Yanctons do hereby fully acquit and release
the United States from all demands against them on the part of said
tribe, or any individual thereof, except the beforementioned right of
the Yanctons to receive an annuity under said treaty of Laramie, and
except, also, such as are herein stipulated and provided for.

Article 15. For the special benefit of the Yanctons, parties to this
agreement, the United States agree to appoint an agent for them, who
shall reside on their said reservation, and shall have set apart for his
sole use and occupation, at such a point as the Secretary of the Interior
may direct, -one hundred and sixty acres of land.

Article 16. All the expenses of the making of this agreement, and
of surveying the said Yancton reservation, and of surveying and mark¬
ing said pipe-stone quarry, shall be paid by the United States.

Article 17. This instrument shall take effect and be obligatory
upon the contracting parties whenever ratified by the Senate and the
President of the United States.

TREATY WITH THE SIOUX, 1858.

June 19,1858. Articles of agreement and convention made and concluded at the city of

12 stats., p. am. Washington , on the nineteenth day of June, one thousand eight hun-

i859°claimed Mar‘31, deed and fifty-eight, by Charles E Mix, commissioner on the part of
Ratified Mar. 9, 1859. the United States, and the following-named chiefs and headmen of

the Mendawakanton and Wahpahoota bands of the Dakota or Sioux
tribe of Indians, viz, Wabashaw, Chetanakooamonee , Washuhiyahi-
dan , Shakopee, Warnindeetonkee, Muzzaojanjan, and Makawto ,
chiefs, and Sinhanduta , Ha-raka-Muzza, Wakanojanjan, Tachunr-
pee-muz-za , Wakvnyomtowa, Chunrpiyuha, Onkeeterhidan , and Wa-
rnouisa, braves, on the part of the Mendawakantons, and Hvshaw-
shaw, chief, and Pa- Pa and TataebomdM, braves, on. the part of the
Wahpakootas, they being duly authorized and empovierred to act for
said bands.

Eighty acres of res- Article 1. It is hereby agreed and stipulated that, as soon as prac-
tolleb bmdof a°fam- ticable after the ratification of this agreement, so much of that part of
iiy or, etc. the reservation or tract of land now held and possessed by the Men¬

dawakanton and Wahpakoota bands of the Dakota or Sioux Indians,
and which is described in the third article of the treaty made with
them on the fifth day of August, one thousand eight hundred and fifty-
one, which lies south or southwestwardly of the ^Minnesota River,
shall constitute a reservation for said bands, and shall be suiyeyed,
and eighty acres thereof, as near as may be in conformity with the
public surveys, be allotted in severalty to each head of a family , or
single person over the age of twenty-one years, in said band of Indians,
said allotments to be so made as to include a proper proportion of
timbered land, if the same be practicable, in each of said allotments.

TREATY WITH THE SIOUX, 1858.

The residue of said part of said reservation not so allotted, shall be
held by said bands in common, and as other Indian lands are held:
Provided , however , That eighty acres, as near as may be, shall, in like
manner as above provided for, be allotted to each of the minors of said
bands on his or her attaining their majority, or on becoming heads of
families by contracting marriage, if neither of the parties shall have
previously received land.

All the necessary expenses of the surveys, and allotments thus pro¬
vided, for shall be defrayed out of the funds of said bands of Indians
in the hands of the Government of the United States.

As the members of said bands become capable of managing their
business and affairs, the President of the United States may, at his
discretion, cause patents to be issued to them, for the tracts of land
allotted to them, respectively, in conformity with this article; said
tracts to be exempt from levy, taxation, sale or forfeiture, until
otherwise provided for by the legislature of the State in which they
are situated with the assent of Congress; nor shall they be sold or
alienated in fee, or be in any other manner disposed of except to the
United States or to members of said bands.

Article 2. Whereas by the treaty with the Mendawakanton and
Wahpakoota bands of Sioux Indians, concluded at Mendota on the fifth
day of August, one thousand eight hundred and fifty -one, said bands
retained for their “future occupancy and home,” “to be held by them
as Indian lands are held, a tract of country of the average width of
ten miles on either side of the Minnesota River,” extending from Lit¬
tle Rock River to the Tchatamba and Yellow Medicine Rivers, which
land was to “be held by said bands in common. ”

And whereas the Senate of the United States so amended said treaty
as to strike therefrom the provision setting apart said land as a home
for said bands, and made provision for the payment to said bands “at
the rate of ten cents per acre for the lands included in the ” said tract
so reserved and set apart for the “occupancy and home” of said bands,
and also provided in addition thereto, that there should be “set apart,
by appropriate landmarks and boundaries, such tracts of country with¬
out the limits of the cession made by the first article of the ” said treaty
as should “be satisfactory for their future occupancy and home,” said
Senate amendment providing also “that the President may, with the
consent of these Indians, vary the conditions aforesaid, if deemed
expedient;” all of which provisions in said amendment were assented
to by said Indians.

And whereas the President so far varied the conditions of said Sen¬
ate amendment, as to permit said bands to locate for the time being,
upon the tract originally reserved by said bands for a home, and no
“tracts of country without the limits of the cession 5 made in the
said treaty has [have] ever been provided for, or offered to, said bands:

And whereas by the “act making appropriations for the current
and contingent expenses of the Indian Department and for fulfilling
treaty stipulations with various Indian tribes,” approved J uly 31, 1854,
the President was authorized to confirm to the Sioux of Minnesota
forever, the reserve on the Minnesota River now occupied by them,
upon such conditions as he may deem just:

And whereas, although the President has not directly confirmed said
reserve to said Indians, they claim that as they were entitled to receive
“such tracts of country” as should “be satisfactory for their future
occupancy and home,” and as no such country has been provided for,
or offered to, said bands, it is agreed and stipulated that the question
shall be submitted to the Senate for decision whether they have such
title; and if they have, what compensation shall be made to them for
that part of said reservation or tract of land lying on the north side
of the Minnesota River — whether they shall be allowed a specific sum

591

Residue to be held
in common.

Further allotment.

Expenses of survey
and allotments, how
borne.

Patents to issue to
them for said lands.

Lands to be exempt
from taxes, etc.

And not to be alien¬
ated except.

Preamble.
Provisions of treaty
of Aug. 5, 1851.

Amended by the
Senate.

Act of 1854, ch. 167,
10 Stat. 326.

Question of title of
the bands to certain
lands to be submitted
to the Senate, and
what allowance to be
made if decision is in
their favor.

592

TREATY WITH THE SIOUX, 1858.

From proceeds of
sale not over $70,000
may be paid chiefs
and headmen.

Proviso.

Lands retained un¬
der the first article to
be deemed an Indian
reservation.

The United States
may maintain mili¬
tary posts, roads, etc.,
on reservation.

Compensation to be
made for damages
caused thereby to any
Indian.

The bands to pre¬
serve friendly rela¬
tions, etc.

of money therefor, and if so, how much; or whether the same shall be
sold for their benefit, they to receive the proceeds of such sale, deduct¬
ing the necessary expenses incident thereto. Such sale, if decided in
favor of by the Senate, shall be made under and according to regulations
to be prescribed by the Secretary of the Interior, and in such manner
as will secure to them the largest sum it may be practicable to obtain
for said land.

Article 3. It is also agreed that if the Senate shall authorize the
land designated in article two of this agreement to be sold for the
benefit of the said Mendawakanton and Wahpakoota bands, or shall
prescribe an amount to be paid said bands for their interest in said
tract, provision shall be made by which the chiefs and head-men of
said bands may, in their discretion, in open council, authorize to be
paid out of the proceeds of said tract, such sum or sums as may be
found necessary and proper, not exceeding seventy thousand dollars,
to satisfy their just debts and obligations, and to provide goods to be
taken by said chiefs and head-men to the said bands upon their return:
Provided, however , That their said determinations shall be approved
by the superintendent of Indian affairs for the northern surerintend-
ency for the time being, and the said payments be authorized by the
Secretary of the Interior.

Article 4. The lands retained and to be held by the members of
the Mendawakanton and W ahpakoota bands of the Dakota or Sioux
Indians, under and by virtue of the first article of this agreement,
shall, to all intents and purposes whatever, be deemed and held to be
an Indian reservation; and the laws which have been, or may hereafter
be enacted by Congress, to regulate trade and intercourse with the
Indian tribes, shall have full force and effect over and within the
limits of the same; and no person other than the members of the said
bands, to be ascertained and defined under such regulations as the
Secretary of the Interior shall prescribe, unless such as may be duly
licensed to trade with said bands, or employed for their benefit, or
members of the family of such persons, shall be permitted to reside
or make any settlement upon any part of said reservation; and the
timbered land allotted to individuals, and also that reserved for sub¬
sequent distribution as provided in the first article of this agreement,
shall be free from all trespass, use, or occupation, except as herein¬
after provided.

Article 5. The United States shall have the right to establish and
maintain upon said reservation such military posts, agencies, schools,
mills, shops, roads, and agricultural or mechanical improvements, as
may be deemed necessary, but no greater quantity of land or timber
shall be taken and used for said purposes than shall be actually requi¬
site therefor. And if in the establishment or maintenance of such
posts, agencies, roads or other improvements, the timber or other
property of any individual Indian shall be taken, injured, or destroyed,
just and adequate compensation shall be made therefor by the United
States. Roads or highways authorized by competent authority other
than the United States, the lines of which shall lie through said reser¬
vation, shall have the right of way through the same, upon the fair
and just value of such right being paid to the said Mendawakanton
and Wahpakoota bands by the party or parties authorizing or inter¬
ested in the same, to be assessed and determined in such manner as
the Secretary of the Interior shall direct.

Article 6. The Mendawakanton and Wahpakoota bands of Dakota
or Sioux Indians acknowledge their dependence on the Government
of the United States, and do hereby pledge and bind themselves to
preserve friendly relations with the citizens thereof, and to commit no
injuries or depredations on their persons or property, nor on those of

TREATY WITH THE SIOUX, 1858.

the members of any other tribe 5 bnt in case of any such injury or
depredation, full compensation shall, as far as practicable be made
therefor out of their moneys in the hands of the United States; the
amount in all cases to be determined by the Secretary of the Interior.
They further pledge themselves not to engage in hostilities with the
Indians of any other tribe unless in self-defence, but to submit, through
their agent, all matters of dispute and difficulty between themselves
and other Indians, for the decision of the President of the United
States, and to acquiesce in and abide thereby. They also agree to
deliver to the proper officers all persons belonging to their said bands
who may become offenders against the treaties, laws, or regulations of
the United States, or the laws of the State of Minnesota, and to assist
in discovering, pursuing, and Capturing all such offenders whenever
required so to do by such officers, through the agent or other proper
officer of the Indian Department.

Article 7. To aid in preventing the evils of intemperance, it is
hereby stipulated that if any of the members of the said Mendawa-
kanton and Wahpakoota bands of Sioux Indians shall drink, or procure
for others, intoxicating liquors, their proportion of the annuities of
said bands shall, at the discretion of the Secretary of the Interior, be
withheld from them for the period of at least one year; and for a
violation of any of the stipulations of this agreement on the part of
any members of said bands, the persons so offending shall be liable to
have their annuities withheld and to be subject to such other punish¬
ment as the Secretary of the Interior may prescribe.

Article 8. Such of the stipulations of former treaties as provided
for the payment of particular sums of money to the said Menda-
wakanton and Wahpakoota bands, or for the application or expenditure
of specific amounts for particular objects or purposes, shall be, and
hereby are, so amended and changed as to invest the Secretary of the
Interior with discretionary power in regard to the manner and objects
of the annual expenditure of all such sums or amounts which have
accrued and are now due to said bands, together with the amount the
said bands shall become annually entitled to under and by virtue of
the provisions of this agreement: Provided , The said sums or amounts
shall be expended for the benefit of said bands at such time or times
and in such manner as the said Secretary shall deem best calculated to
promote their interests, welfare, and advance in civilization. And it
is further agreed, that such change may be made in the stipulations of
former treaties which provide for the payment of particular sums for
specified purposes, as to permit the chiefs and braves of said bands or
any of the subdivisions of said bands, with the sanction of the Secre¬
tary of the Interior, to authorize such payment or expenditures of
their annuities, or any portion thereof, which are to become due here¬
after, as may be deemed best for the general interests and welfare of
the said bands or subdivisions thereof.

Article 9. As the Senate struck from the treaty with the Menda-
wakanton band of Sioux of the twenty-ninth day of September, one
thousand eight hundred and thirty-seven, the ninth clause of the second
article and the whole of the third article of said treaty, which provided
for the payment of four hundred and fifty (450) dollars annually, for
twenty years, to Scott Campbell, and confirmed to the said Scott Camp¬
bell a title to five hundred (500) acres of land which he then occupied, said
payment and land being deemed by said Indians to form a part of the
consideration for which they ceded to the United States a certain tract
of land in said treaty specified, which reduction, in the consideration
for said land, has never been sanctioned by said Indians, the said
Mendawakantons and Wahpakoota bands now request that provision
be made for the payment of the sum of ten thousand (10,000) dollars

S. Doc. 452 - 38

593

To pay for depreda¬
tions.

Not to engage in
hostilities unless, etc.

Bands to surrender
offenders.

Annuities to be
withheld from those
drinking, etc., intox¬
icating liquors.

Secretary of the In¬
terior to have discre¬
tion over manner and
object of annual ex¬
penditure.

Senate to decide
whether 110,000 to he
paid to A. J. Camp-

Ante, p. 366.

594

TREATY WITH THE SIOUX, 1858.

to A. J. Campbell, the son of said Scott Campbell, now deceased, in
full consideration of the money stipulated to be paid and land con¬
firmed to said Scott Campbell in the original draft of said treaty
aforesaid; which subject is hereby submitted to the Senate for its
favorable consideration.

united states to pay Artiole 10. The expenses attending the negotiation of this agree-

expenses of negotia- ment shall be defrayed by the United States.

[N. B. — By the first section of the act of February 16, 1863, 12th
Statutes at Large, page 652, it is provided as follows: That all treaties
heretofore made and entered into by the Sisseton, Wahpaton, Meda-
wakanton, and Wahpakoota bands of Sioux or Dakota Indians, or any
of them, with the United States, are hereby declared to be abrogated
and annulled, so far as said treaties or any of them purport to impose
any future obligation on the United States, and all lands and rights of
occupancy within the State of Minnesota, and all annuities and claims
heretofore accorded to said Indians, or any of them, to be forfeited
to the United States.]

TREATY WITH THE SIOUX, 1858.

Articles of agreement and convention made a/nd concluded at the city
of Washington on the nineteenth day of June , one thousand eight
hundred a/nd -fifty -eight, by Charles E. Mix , commissioner on the fart
of the United States , and the following -named chiefs and head-men
of the Sisseeton and Wahpaton bands of the Dakota or Sioux tribe of
Indians, viz: Maz-zah-shaw, Wamdupidutah, Ojupi,and Hahutamai,
on the part of the Sisseetons, and Maz-zomanee , Muz-zakoote-manee,
Upiyahideycuw, Umpedutokechaw, and Tachandupahotanka, on the
part of the Wahpatons , they being duly cmthorized and empowered to
act for said bands.

Article 1. It is hereby agreed and stipulated that as soon as prac¬
ticable after the ratification of this agreement, so much of that part of
the reservation or tract of land now held and possessed by the Sissee¬
ton and Wahpaton bands of the Dakota or Sioux Indians, and which
is described in the third article of the treaty made with them on the
twenty -third day of July, one thousand eight hundred and fifty-one,
which lies south or south westwardly of the Minnesota River, shall con¬
stitute a reservation for said bands, and shall be surveyed, and eighty
acres thereof, as near as may be in conformity with the public surveys,
be allotted in severalty to each head of a family or single person over
the age of twenty-one years, in said bands of Indians; said allotments
to be so made as to include a proper proportion of timbered land, if
the same be practicable, in each of said allotments. The residue of
said part of said reservation not so allotted shall be held by said bands
in common, and as other Indian lands are held: Provided, however,
That eighty acres thereof, as near as may be, shall in like manner,
as above provided for, be allotted to each of the minors of said bands
on his or her attaining their majority, or on becoming heads of fami¬
lies, by contracting marriage, if neither of the parties shall have pre¬
viously received land. All the necessary expenses of the surveys and
allotments thus provided for shall be defrayed out of the funds of
said bands of Indians in the hands of the Government of the United
States.

As the members of said bands become capable of managing their
business and affairs, theP resident of the United States may at his dis¬
cretion, cause patents to be issued to them for the tracts of lands allotted
to them respectively, in conformity with this article; said tracts to be
exempt from levy, taxation, sale, oi forfeiture, until otherwise pro¬
vided for by the legislature of the State in which they are situated,
with the assent of Congress; nor shall they be sold or alienated in fee,

June 19, 1868.

12 Stats., p. 1037.
Proclaimed Mar. 31,
1869.

Ratified Mpr.9,1859.

Eighty acres of res¬
ervation to be allotted
each head of a family
or, etc.

Residue to be held
in common.

Further allotment.

Expenses of surveys
and allotments, how
borne.

Patents to issue to
them for said lands.

Lands to be exempt
from taxes, and not to
be alienated, except,
etc.

TREATY WITH THE SIOUX, 1858.

595

or be in any other manner disposed of, except to the United States or
to members of said bands.

Article 2. Whereas, by the treaty with the Sisseeton and Wahpa-
ton bands of Sioux Indians, concluded at Traverse des Sioux on the
twenty-third day of July, one thousand eight hundred and fifty-one,
said bands retained for their ‘‘future occupancy and home,” “to be
held by them as Indian lands are held, all that tract of country on the
Minnesota River, from the western boundary ” of the cession therein
made “ east to the Tcha-tam-ba River on the north, and to the Yellow
Medicine River on the south side, to extend on each side a distance of
not less than ten miles from the general course of said Minnesota
River;”

And whereas the Senate of the United States so amended said treaty
as to strike therefrom the provision setting apart the said land as a
home for said bands, and made provision for the payment to said
bands, “at the rate of ten cents per acre for the land included in the
said tract so retained and set apart for the occupancy and home” of
said bands, and also provided, in addition thereto, that there should be
“set apart by appropriate landmarks and boundaries such tracts of
country without the limits of the cession made by the first article of
the said treaty as shall be satisfactory for their future occupancy and
home;” said Senate amendment providing also “that the President may,
with the consent of these Indians, vary the conditions aforesaid, if
deemed expedient;” all of which provisions in said amendment were
assented to by said Indians;

And whereas the President so far varied the conditions of said Sen¬
ate amendment as to permit said bands to locate for the time being
upon the tract originally reserved by said bands for a home, and “no
tract of country, without the limits of the cession ” made in the said
treaty, has ever been provided for or offered to said bands;

And whereas, by the act making appropriations for the current and
contingent expenses of the Indian Department, and for fulfilling treaty
stipulations with various Indian tribes, approved July 31, 1854, the
President was authorized “to confirm to the Sioux of Minnesota, for¬
ever, the reserve on the Minnesota River now occupied by them, upon
such conditions as he may deem just;”

And whereas, although the President has not directly confirmed
said reserve to said Indians, they claim that, as they were entitled to
receive “such tracts of country” as should “be satisfactory for their
future occupancy and home,” and as no other country than this reserva¬
tion was ever provided for or offered to them, and as valuable improve¬
ments have been made on said reservation with the moneys belonging
to said bands, it is agreed and stipulated that the question shall be
submitted to the Senate for decision whether they have such title, and
if they have, what compensation shall be made to them for that part
of said reservation or tract of land lying on the north side of the Min¬
nesota River; whether they shall be allowed a specific sum of money
therefor, and if so, how much; or whether the same shall be sold for
their benefit, they to receive the proceeds of such sale, deducting the
necessary expenses incident thereto. Such sale, if decided in favor of
by the Senate, shall be made under and according to regulations to be
prescribed by the Secretary of the Interior, and in such manner as
will secure to them the largest sum it may be practicable to obtain for
said land. .

Article 3. It is also agreed that if the Senate shall authorize the
land designated in article two of this agreement to be sold for the ben¬
efit of the said Sisseeton and Wahpaton bands, or shall prescribe an
amount to be paid to said bands for their interest in said tract, pro¬
vision shall be made by which the chiefs and head-men of said bands
may, in their discretion, in open council, authorize to be paid out of
the proceeds of said tract such sum or sums as may be found necessary

Preamble.

Provisions of atreaty
of July 23, 1851.

Amended by tbe
Senate.

Provisions of act of
1854, ch. 167.

Question of title of
the bands to certain
lands to be submitted
to the Senate and
what allowance is to
be made if the deci¬
sion is in their favor.

From proceeds of
sale not over 170,000
to be paid chiefs and
headmen.

596

TREATY WITH THE SIOUX, 1858.

and proper, not exceeding seventy thousand dollars, to satisfy their
just debts and obligations, and to provide goods to be taken by said
chiefs and head-men to the said bands on their return: Provided , how¬
ever, That their said determinations shall be approved by the super¬
intendent of Indians affairs for the northern superintendency for the
time being, and the said payments be authorized by the Secretary of
the Interior.

Lands retained un¬
der the first article to
be deemed an Indian
reservation.

United States may
maintain military
posts, roads, etc., in
reservation.

Compensation to be
paid for damages
caused thereby to any
Indian.

The bands to pre¬
serve friendly rela¬
tions.

To pay for depreda¬
tions.

Not to engage in
hostilities except, etc.

To surrender offend¬
ers.

Article 4. The lands retained and to be held by the members of
the Sisseeton and W ahpaton bands of Dakota or Sioux Indians, under
and by virtue of the first article of this agreement, shall, to all intents
and purposes whatever be deemed and held to be an Indian reserva¬
tion, and the laws which have been or may hereafter be enacted by Con¬
gress to regulate trade and intercourse with the Indian tribes, shall
have full force and effect over and within the limits of the same; and
no person other than the members of said bands, to be ascertained and
defined under such regulations as the Secretary of the Interior shall
prescribe — unless sueb as may be duly licensed to trade with said
bands, or employed for their benefit, or members of the family of
such persons — shall be permitted to reside or make any settlement
upon any part of said reservation ; and the timbered land allotted to
individuals, and also that reserved for subsequent distribution, as pro¬
vided in the first article of this agreement, shall be free from all tres¬
pass, use or occupation, except as hereinafter provided.

Article 5. The United States shall have the right to establish and
maintain upon said reservation such military posts, agencies, schools,
mills, shops, roads, and agricultural or mechanical improvements as
may be deemed necessary; but no greater quantity of land or timber
shall be taken and used for said purposes than shall be actually requi¬
site therefor. And if in the establishment or maintenance of such
posts, agencies, roads, or other improvements, the timber or other
property of any individual Indian shall be taken, injured, or destroyed,
just and adequate compensation shall be made therefor by the United
States. Roads or highways authorized by competent authority other
than the United States, the lines of which shall lie through said res¬
ervation, shall have the right of wa}T through the same upon the fair
and just value of such right being paid to the said Sisseeton and Wah-
paton bands by the party or parties authorizing or interested in the
same, to be assessed and determined in such manner as the Secretary
of the Interior shall direct.

Article 6. The Sisseeton and Wahpaton bands of Dakota or Sioux
Indians acknowledge their dependence on the Government of the
United States, and do hereby pledge and bind themselves to preserve
friendly relations with the citizens thereof, and to commit no injuries
or depredations on their persons or property, nor on those of the
members of any other tribe; but in case of any such injury or depre¬
dation, full compensation shall, as far as practicable, be made therefor
out of their moneys in the hands of the United States, the amount in
all cases to be determined by the Secretary of the Interior. They
further pledge themselves not to engage in hostilities with the Indians
of any other tribe, unless in self-defence, but to submit, through their
agent, all matters of dispute and difficulty between themselves and
other Indians for the decision of the President of the United States,
and to acquiesce in and abide thereby. They also agree to deliver to
the proper officers all persons belonging to their said bands who may
become offenders against the treaties, laws, or regulations of the
United States, or the laws of the State of Minnesota, and to assist in
discovering, pursuing, and capturing all such offenders whenever
required so to do by such officers, through the agent or other proper
officer of the Indian Department.

TREATY WITH THE SIOUX, 1858.

597

Article 7. To aid in preventing the evils of intemperance, it is to be ■

hereby stipulated that if any of the members of the said Sisseeton and drinking, etc., intoxi-
Wahpaton bands of Sioux Indians shall drink or procure for others cating 11(iuors-
intoxicating liquors, their proportion of the annuities of said bands
shall, at the discretion of the Secretary of the Interior, be withheld
from them for the period of at least one year; and for a violation of
any of the stipulations of this agreement on the part of any member
of said bands, the persons so offending shall be liable to have their
annuities withheld, and to be subject to such other punishment as the
Secretary of the Interior may prescribe.

Article 8, Any members of said Sisseeton and Wahpaton bands who Members of the
may be desirous of dissolving their tribal connection and obligations, “lTonneSoS
and of locating beyond the limits of the reservation provided for said etc-
bands, shall have the privilege of so doing, by notifying the United
States agent of such intention, and making an actual settlement beyond
the limits of said reservation; shall be vested with all the rights, privi¬
leges, and immunities, and be subject to all the laws, obligations, and
duties, of citizens of the United States; but such procedure shall work
no forfeiture on their part of the right to share in the annuities of
said bands. A

Article 9. Such of the stipulations of the former treaties as provide secretary of inter-
for the payment of particular sums of money to the said Sisseeton and ove^mannerTnd^
Wahpaton bands, or for the application or expenditure of specific jects of annual ex
amounts for particular objects or purposes, shall be, and hereby are, pendlture-
so amended and changed as to invest the Secretary of the Interior with
discretionary power in regard to the manner and objects of the annual
expenditure of all such sums or amounts which have accrued and are
now due to said bands, together with the amount the said bands shall
become annually entitled to under and by virtue of the provisions of
this agreement: Provided , The said sums or amounts shall be expended
for the benefit of said bands at such time or times and in such manner
as the said Secretary shall deem best calculated to promote their inter¬
ests, welfare, and advance in civilization. And it is further agreed
that such change may be made in the stipulations of former treaties,
which provide for the payment of particular sums for specified pur¬
poses, as to permit the chiefs and braves of said bands, or any of the
subdivisions of said bands, with the sanction of the Secretary of the
Interior, to authorize such payment or expenditure of their annuities,
or any portion thereof, which are to become due hereafter, as may be
deemed best for the general interests and welfare of the said bands or
subdivisions thereof.

Article 10. The expenses attending the negotiation of this agree- united states to pay
ment shall be defrayed by the United States. tk>nenses of negotm'

Resolution of the Senate of the United States.

Right and title ofcerta/in bands of Sioux Indians , to the lands embraced June 27, i860.

in reservation on the Minnesota River. 12 stat., 1042.

In the Senate of the United States,

June %7th, 1860.

Whereas by the second articles of the treaties of June 19, 1858, Preamble,
with the Med-a-wa-kanton and Wah-pa-koo-ta, and the Sisseeton and
W ah -pa-ton bands of the Dacotah or Sioux Indians, it is submitted
to the Senate to decide as to the right or title of said bands of Indians
to the lands embraced in the reservation occupied by them on the Min¬
nesota River, in the State of Minnesota, and what compensation shall
be made to them for those portions of said reservation lying on the
north side of that river, which they agreed by said treaties to surrender
and relinquish to the United States; “whether they shall be allowed

598

TREATY WITH THE WINNEBAGO, 1859.

a specified sum in money therefor, and if so, how much, or whether
the same shall be sold for their benefit, they to receive the proceeds
of such sale, deducting the necessary expenses incident thereto;” and
whereas said Indians were permitted to retain and occupy said reser¬
vations in lieu of other lands which they were entitled to under the
amendments of the Senate to the treaties made with them in the year
1851, and large amounts of the money of said Indians have been
expended by the government in improvements and otherwise upon
1854 ch 167 lostat ^ie lands contained in said reservations; and whereas by act of Con-
326. ’ ’’ gress of J uly 31, 1854, said reservations were authorized to be con¬

firmed to those Indians:

Right of Indians de- Resolved, That said Indians possessed a just and valid right and title

an^Toethemd allow' to said reservations, and that they be allowed the sum of thirty cents
per acre for the lands contained in that portion thereof lying on the
north side of the Minnesota River, exclusive of the cost of survey and
sale, or any contingent expense that may accrue whatever, which by
the treaties of June, 1858, they have relinquished and given up to the
United States, —

Settlers ingood faith Resolved, further , That all persons who have in good faith settled

maySpreempC1etctaon8 anc^ made improvements upon any of the lands contained in said reser¬
vations, believing the same to be government lands, shall have the
right of preemption to one hundred and sixty acres thereof, to include
their improvements, on paying the sum of one dollar and twenty -five
Proviso. cents per acre therefor: Provided , That when such settlements have

been made on the lands of the Indians on the south side of the Minne¬
sota River, the assent of the Indians shall first be obtained, in such a
manner as the Secretary of the Interior shall prescribe, and that the
amount which shall be so paid for their lands, shall be paid into the
treasury of the United States.

TREATY WITH THE WINNEBAGO, 1859.

Apr. 15, 1859.

12 Stats., 1101.
Proclamation, Mar.
23, 1861.

Ratified Mar. 16,
1861.

Articles of agreement and convention made and concluded at Washing¬
ton^ City on the fifteenth day of April, eighteen hundred mid fifty -
nine, by and between Charles E. Mix, commissioner on the part of
the United States , and the following -named chiefs and delegates , rep¬
resenting the Winnebago tribes of Indians, viz: Baptiste Lassalleur,
Little Hill, Little De- Corie, Prophet, Wakon-, Conohutta-kau, Big
Bear, Rogue, Young Frenchman, One Horn , Yellow Banks, and
‘ O-o-kau, they being thereto duly authorized by said tribe .

Eastern portion of Article 1. The Winnebago Indians having now more lands than are
apartvtnd asSgnldTn necessary for their occupancy and use, and being desirous of promoting
severalty to members settled habits of industry and enterprise amongst themselves by abol¬
ishing the tenure in common by which they now hold their lands,
and by assigning limited quantities thereof, in severalty, to the mem¬
bers of the tribe, including their half or mixed blood relatives now
residing with them, to be cultivated and improved for their own
individual use and benefit, it is hereby agreed and stipulated that the
eastern portion of their present reservation, embracing townships one
hundred and six, (106) and one hundred and seven, (107,) range twenty-
four (24) and one hundred and six (106) and one hundred and seven,
(107,) range twenty-five (25) and the two strips of land immediately
adjoining them on the east and north, shall be set apart and retained
by them for said purposes; and that out of the same there shall be
Assignments of assigned to each head of a family not exceeding eighty acres, and to
land each male person eighteen years of age and upwards, without family,

not exceeding forty acres of land, to include, in every case, as far as
practicable, a reasonable proportion of timber; one hundred and sixt}^
acres of said retained lands in a suitable locality shall also be set apart
and appropriated to the occupancy and use of the agency for said

TREATY WITH THE WINNEBAGO, 1859.

599

Indians. The lands to be so assigned, including those for the use of the
agency, shall be in as regular and compact a body as possible, and so
as to admit of a distinct and well-defined exterior boundary, embrac¬
ing the whole of them and any intermediate portions or parcels of
land or water not included in or made part of the tracts assigned in
severalty. Any such intermediate parcels of land and water shall be
owned by the Winnebagoes in common; but in case of increase in the
tribe, or other cause, rendering it necessary or expedient, the said
intermediate parcels of land shall be subject to distribution and assign¬
ment, in severalty, in such manner as the Secretary of the Interior
shall prescribe and direct. The whole of the lands assigned or unas- whole to be known
signed in severalty, embraced within the said exterior boundary, shall trvSn.nnebagoRes"
constitute and be known as the Winnebago reservation, within and
over which all laws passed or which may be passed by Congress reg¬
ulating trade and intercourse with the Indian tribes shall have full force
and effect. And no white person, except such as shall be in the em- ^whites not to reside
ployment of the United States, shall be allowed to reside or go upon ereon
any portion of said reservation, without the written permission of the
superintendent of Indian affairs, or of the agent for the tribe. Said thedkecttonof
division and assignment of lands to the Winnebagoes in severalty secretary of interior,
shall be made under the direction of the Secretary of the Interior,
and when approved by him shall be final and conclusive. Certifi- Certificates t0 lssue'
cates shall be issued by the Commissioner of Indian Affairs for the
tracts so assigned, specifying the names of the indiviuals to whom
they have been assigned, respectively, and that they are for the exclu¬
sive use and benefit of themselves, their heirs, and descendants. And un^^etc?6 asslgned
said tracts shall not be alienated in fee, leased, or otherwise disposed
of, except to the United States, or to other members of the tribe, under
such rules and regulations as may be prescribed by the Secretary of
the Interior; and they shall be exempt from taxation, levy, sale, or for¬
feiture until otherwise provided for by Congress. Prior to the issue
of said certificates, the Secretary of the Interior shall make such rules
and regulations as he may deem necessary and expedient respecting
the disposition of any of said tracts, in case of the death of the person,
or persons to whom they may be assigned, so that the same shall be
secured to the families of such deceased persons; and should any of
the Indians to whom tracts shall be assigned abandon them, the said
Secretary may take such action in relation to the proper disposition
thereof as in his judgment may be necessary and proper.

Article 2. For the purpose of procuring the means of comfortably certain lands may
establishing the Winnebagoes upon the lands to be assigned to them
in severalty, by building them houses, and by furnishing them with
agricultural implements, stock-animals, and other necessary aid and
facilities for commencing agricultural pursuits under favorable cir¬
cumstances, the lands embraced in that portion of their reservation
not stipulated to be retained and divided, as aforesaid, shall be sold, Modeofsale-
under the direction of the Secretary of the Interior, in parcels not
exceeding one hundred and sixty acres each, to the highest bidder, for
cash; the sales to be made upon sealed proposals to be duly invited by
public advertisement. And should any of the tracts so to be sold have
upon them improvements of any kind which were made by or for the
Indians, or for Government purposes, the proposals therefor must
state the price for both the land and improvements. And if, after
assigning to all the members of the tribe entitled thereto their pro¬
portions of land in severalty, there shall remain a surplus of that
portion of the reservation retained for that purpose, outside of the
exterior boundary-line of the lands assigned in severalty, the Secretary
of the Interior shall be authorized and empowered, whenever he shall
think proper, to cause such surplus to be sold in the same manner as
the other lands to be so disposed of, and the proceeds thereof to be
paid over to the W innebagoes, or used and applied for their benefit
in such manner as he shall deem to be best for them.

600

TREATY WITH THE CHIPPEWA, ETC., 1859.

Debts of Winnebago
to be paid out of pro¬
ceeds of sale.

Provision in case
proceeds of sale are
insufficient to pay
debts.

Ail members of tribe
to be notified of this
agreement.

Proviso.

Expenses to be paid
from funds of Winne¬
bago.

July 16, 1859.

12 Stat., 1105.
Ratified Apr. 19,
1860.

Proclamation, July
9, 1860.

Article 3. The Winnebagoes being anxious to relieve themselves
from the burden of their present liabilities, and it being essential to
their welfare and best interests that they shall be enabled to commence
their new mode of life and pursuits free from the annoyance and
embarrassment thereof, or which may be occasioned thereby, it is
agreed that the same shall be liquidated and paid out of the fund aris¬
ing from the sale of their surplus lands, so far as found valid and just
on an examination thereof, to be made by their agent and the super¬
intendent of Indian affairs for the northern superintendency, subject
to revision and confirmation by the Secretary of the Interior.

Article 4. Should the proceeds of the surplus lands of the Win¬
nebagoes not prove to be sufficient to carry out the purposes and stip¬
ulations of this agreement, and some further aid be, from time to time,
requisite, to enable said Indians to sustain themselves successfully in
agricultural and other industrial pursuits, such additional means as
may be necessary therefor shall be taken from the moneys due and
belonging to them under the provisions of former treaties; and so
much thereof as may be required to furnish them further aid, as
aforesaid, shall be applied in such manner, under the direction of the
Secretary of the Interior, as he shall consider best calculated to pro¬
mote and advance their improvement and welfare; and, in order to
render unnecessary any further treaty engagements or arrangements
hereafter with the United States, it is hereby agreed and stipulated
that the President, with the assent of Congress, shall have full power
to modify or change any of the provisions of former treaties with the
Winnebagoes in such manner and to whatever extent he may judge to
be necessary and expedient ior their welfare and best interest.

Article 5. The Winnebagoes, parties to this agreement, are anxious
that all the members of their tribe shall participate in the advantages
herein provided for respecting their permanent settlement and their
improvement and civilization, and to that end, to induce all that are
now separated from, to rejoin and unite with them. It is therefore
agreed that, as soon as practicable, the Commissioner of Indian Affairs
shall cause the necessary proceeding to be adopted to have them noti¬
fied of this agreement and its advantages, and to induce them to come
in and unite with their brethren; and, to enable them to do so and to
sustain themselves for a reasonable time thereafter, such assistance
shall be provided for them, at the expense of the tribe, as may be
actually necessary for those purposes: Provided , however , That those
who do not rejoin and permanently re-unite themselves with the tribe
within one year from the date of the ratification of this agreement
shall not be entitled to the benefit of any of its stipulations.

Article 6. All the expenses connected with, and incident to, the
making of this agreement, and the carrying out of its provisions, shall
be defrayed out of the funds of the Winnebagoes.

TREATY WITH THE CHIPPEWA, ETC., 1859.

Articles of agreement and convention made and concluded at the Sac and
Fox agency on this sixteenth day of July, one thousand eight hundred
and fifty-nine, by David Crawford, , commissioner on the part of the
United States , and the following-named delegates representing the
Swan Creek and Black River Chipjoewas and the Munsee or Chris¬
tian Indians , they being duly authorized thereto by said Indians , viz:
Eshton-quit , or Francis McCoonse , Edward McCoonse , William
Turner , Antwine Cokey , Henry Donohue , Ignatius Caleb , and John
Williams.

Whereas the Swan Creek and Black River band of Chippewas, of
Kansas Territory, who were parties to the treaty of May 9, 1836, claim

TREATY WITH THE CHIPPEWA, ETC. , 1859.

601

to be entitled to participate in the beneficial provisions of the subse¬
quent treaty of August 2, 1855, under a misapprehension of the terms
and conditions of said instrument, the provisions of which were onlv
designed to embrace the Chippewas of Saginaw and that portion of the
Chippewas of Swan Creek and Black River who were then residing in
Michigan; and whereas a reservation of eight thousand three hundred
and twenty acres, or thirteen sections of land, was set apart in Kansas
Territory for the use of the Swan Creek and Black River band of Chip¬
pewas, in consideration of the cession and relinquishment of certain
lands in the State of Michigan which were reserved for said band of
Indians by the 6th article of the treaty of November 17, 1807; and in
view of the fact that a part of the aforesaid band, who now reside in
the Territory of Kansas, have not received their full proportion of the
benefits designed to have been conferred upon them by the provisions
of the second article of the treaty of May 9, 1836, it is understood to
be the intention of the United States, in the execution of these articles
of agreement and convention, to manifest their liberality and disposi¬
tion to encourage said Indians in agricultural pursuits, and, with a view
to remove from their minds all erroneous impressions respecting the
non-fulfilment of the stipulations of former treaties, a liberal provi¬
sion will be made for their benefit as hereinafter expressed. It is
further understood to be the intention of this instrument to unite the Intention of this
Munsee or Christian Indians with the aforesaid band of Chippewas, in treaty
order to provide them with a suitable and permanent home, as contem¬
plated by the act of Congress entitled 4 4 An act to confirm the sale of ^ ChaP. 122,
the reservation held by the Christian Indians, and to provide a perma- 11 s^at- 312-
nent home for said Indians,” approved June 8, 1858.

Article 1. The United States agree that the reservation of eight Former reservation
thousand three hundred and twenty acres, or thirteen sections of land, that paruM bISow
in Franklin County, Kansas Territory, set apart for the entire band of ESSf tJeSdm and
Swan Creek and Black River Chippewas, shall inure to the benefit of ° esurveje
that portion of said band now residing thereon, and the United States
shall cause said reservation to be surveyed into sections, half, quarter,
and quarter-quarter sections, in harmony with the public-land system.

For the purpose of securing a permanent home thereon for the band of

Munsee or Christian Indians who have expressed a desire to unite Munsee and swan

with said band of Chippewas, it is agreed between the contracting Crcwppewa united.

parties to this instrument that the aforesaid bands of Indians are hereby

united for their mutual advantage as herein indicated. And within

said reservation there shall be assigned, in severalty, to the members
of said united bands, not exceeding forty acres of land to each head of
of a family, and not exceeding forty acres to each child or other mem-

Portions of land to
be assigned in sever¬
alty.

ber of said family; forty acres to each orphan child, and eighty acres

to each unmarried person of the age of twenty-one years and upwards,
not connected with any family, to include in each case, so far as prac¬
ticable, a reasonable proportion of timber; and the selections shall be
so made as to respect the present improvements of the aforesaid Chip¬
pewas, so far as the same can be done consistently with the rights of
the Christian Indians, and when it is found expedient to select- lands

for one Indian, embracing part of the improvements made by another,
then, in such case, a reasonable compensation shall be made for such
improvements by the Indian to whom they may- be assigned by the
party entitled to the same, to be determined by the Secretary of the
Interior, upon an investigation of the facts in the case. At a suitable
point within said reservation there shall be set apart for the establish¬
ment of a manual-labor school and educational and missionary purposes Manual la b
a quarter section of land, or one hundred and sixty acres, and the land sch00l> etc-
so set apart, together with the tracts which may be assigned to the
members of said united bands, shall be in as regular and compact a
body as possible, and so as to admit of a distinct and well-defined
exterior boundary, embracing the whole of them, and also any inter-

602

TREATY WITH THE CHIPPEWA, ETC., 1859.

mediate portions or parcels of land or water not included in or made
^Lands held in com- part of the tracts assigned in severalty. Any such intermediate parcels
of land and water shall he held by said united bands in common, but
in case of increase in the bands of said Indians, or other cause render¬
ing it necessary or expedient, the said intermediate parcels of land
shall be subject to distribution and assignment in severalty, in such
manner as the Secretary of the Interior shall prescribe and direct,
reservation^ landsin The whole of the lands assigned or unassigned in severalty embraced
within said exterior boundary to include in the aggregate not exceed¬
ing seven sections, or four thousand eight hundred and eighty acres of
land, shall constitute and be known as the Chippewa and Christian
Laws thereon. Indian reservation, within and over which all laws passed or which
may be passed by Congress, regulating trade and intercourse with the
teAetces not pemut’ Indian tribes, shall have full force and effect. And no white person,
except such as may be in the employ of the United States, shall be
allowed to reside or go upon any portion of said reservation without
the written permission of the superintendent of Indian affairs, or agent,
or other person who may be intrusted with the management and con-
menuowmdf®11" tool thereof. The aforesaid division and assignment of lands to the
Indians shall be made under the direction of the Secretary of the
Interior, and when approved by him shall be final and conclusive,
certificates. Certificates shall be issued by the Commissioner of Indian Affairs for
the tracts so assigned, specifying the names of the individuals to whom
they have been assigned respectively, and that they are for the exclu¬
sive use and benefit of themselves, their heirs, and descendants: and
said tracts shall not be alienated in fee, leased, or otherwise disposed
of, except to the United States, or to the members of said bands of
Indians, under such rules and regulations as may be prescribed by the
Secretary of the Interior: and said lands shall be exempt from taxation,
levy, sale, or forfeiture, until otherwise provided for by Congress.
Prior to the issue of said certificates, the Secretary of the Interior
shall make such rules and regulations as he may deem necessary and
expedient, respecting the disposition of any of said tracts in case of
the death of the person or persons to whom they may be assigned, so
that the same shall be secured to the families of such deceased persons;
and should any of the Indians to whom tracts shall be assigned aban¬
don them, the said Secretary may take such action in relation to the
proper disposition thereof as in his judgment may be necessary and
expedient.

Residue of land to Article 2. After all the selections and assignments hereinbefore
specified shall have been made and approved, the residue of the land
in the tract set apart for the use of the Swan Creek and Black River
Ante, p. 342. Chippewas, under the provisions of the fourth article of the treaty of

May ninth, eighteen hundred and thirty-six, which may not be
embraced by the exterior boundary of the reduced reservation, shall be
appraised at a reasonable value, and the same shall be sold at public
auction to the highest bidder, but no bid shall be received for a sum
less than the appraised value, and the proceeds of sale, after deducting
therefrom the expenses incident thereto, shall be regarded as belong¬
ing to the aforesaid band of Chippewas. The said band of Indians
f shall be allowed the sum of three thousand dollars out of the funds of
the Christian Indians, as a consideration for the tracts of land which
shall be assigned to the members of said band of Indians, and also the sum
of six thousand dollars, (to be taken from the Treasury of the United
States,) in full satisfaction of all claims and demands, legal, equitable,
or otherwise, which the aforesaid band of Chippewas may have against
the United States under the stipulations and provisions of former
treaties, and these sums of money, together with the proceeds of the
sales of the lands before mentioned, shall be invested in the manner
hereinafter provided. And to enable the Secretary of the Interior to
liquidate the allowance of the aforesaid sum of six thousand dollars,

Allowani
money; how to fie
raised.

TREATY WITH THE CHIPPEWA, ETC., 1859.

603

he is authorized, at his discretion, to dispose of the stock of the State
of Missouri, purchased from avails of land sold under the treaty of
eighteen hundred and thirty-six, and such a sum from interest accru¬
ing thereon, and of any balance of annuities now in the Treasury of the
United States, resulting from other treaties with said Indians.

. Article 3. For the purpose of comfortably establishing the Chris- StoCKStoaiim-
tian Indians upon the lands which shall be assigned to them in sever- piements, etc.
alty , by building them houses, and furnishing them with agricultural
implements, stock animals, and other necessary aid and facilities for
commencing agricultural pursuits under favorable circumstances, there
shall be expended, under the direction of the Secretary of the Interior,

(out of the aggregate sum of forty-three thousand four hundred dol¬
lars deposited in the Treasury of the United States by A. J. Isacks, to
the credit of said Secretary for the use of the Christian Indians,) a
sum not exceeding twenty-three thousand dollars, and the balance of
the aforesaid aggregate sum shall be mingled with the funds of the
aforesaid band of Chippewas, and the moneys so mingled together
shall constitute a joint fund, subject to the direction and control of the
Secretary of the Interior. Two thousand dollars thereof shall be
expended for the benefit of said united bands of Indians, in providing
them with a schoolhouse, church building, and blacksmith-shop, and schooihouse and
necessary fixtures, and the residue of said joint fund, after deducting 8 ops'
therefrom all the expenses incident to the negotiation of this treaty,
the survey and assignment of the lands, the concentration of the
Indians thereon, and all other necessary expenses, shall be invested in
safe and profitable stocks, yielding an interest of not less than five per
centum per annum; and said interest, as it becomes due, shall be
applied, under the direction of the Secretary of the Interior, from time
to time, for educational purposes, for the support of a blacksmith-
shop, and such other beneficial objects as he may adjudge to be neces¬
sary and expedient for the general prosperity and advancement of the
aforesaid bands of Indians in the arts of civilized life.

Article 4. In consideration of the provisions contained in the sev- Relinquishment of
eral articles of this treaty, the aforesaid band of Swan Creek and c alms y e n ian8'
Black River Chippewas hereby relinquish all claims and demands
which they may have against the United States, under the stipulations
of the treaty of November IT, 180T, and the treaty of May 9, 1836; Ante pp. 68 and 342.
and they hereby abandon and renounce any and all claims to partici¬
pate in the provisions of the subsequent treaty of August 2, 1855, and
they receive the stipulations and provisions contained in these articles
of agreement and convention, in full satisfaction of the terms and con¬
ditions of all former treaties, and release the United States from the
payment of all claims of every character whatsoever.

Article 5. It is agreed that all roads and highways, laid out by Right of way.
authority of law, shall have right of way through the lands within the
reservation hereinbefore specified, on the same terms as are provided
by law, when roads and highways are made through lands of citizens
of the United States; and railroad companies, when the lines of their
roads necessarily pass through the. Ian ds of said Indians, shall have
right of way on the payment of just compensation therefor in money.

Article 6. This instrument shall be obligatory on the contracting When this treaty
parties whenever the same shall be ratified by the President and the takes efEect-
Senate of the United States.

604

TREATY WITH SAUK AND FOXES, 1859.

Oct. 1, 1859.

. 15 Stats., 467.

Proclaimed July 9,
1860.

Ratified, June 27.
1860.

Articles of agreement and convention made and concluded at the Sac
and Fox agency, in the Territory of Kansas , on the first day of
October, in the year of our Lord one thousand eight hundred and
fifty-nine , by and between Alfred 11. Greenwood , commissioner on
the part of the United States , and the following -named chiefs a/nd
delegates, representing the confederated tribes of Sacs and Foxes of
the Mississippi, viz: Ke-o-kuk , Mack-a-sah-pee, Sha-bah - caio-kah,
Mat-tah-tah, My-ah-pit , Kaw-ah-kee, Kah-sha-moh-mee, Maw-mee-
won-e-kah , and Che-ko-skuk, they being thereto duly authorized by
said confederated tribes.

■ Part of present res¬
ervation to be set
apart.

Boundaries.

Assignment to each
member of the confed¬
erated tribes.

For agent.

For school location.

Intermediate par¬
cels.

Lands to be known
as, etc.

Laws.

White persons not
to reside thereon, ex-
cept, etc.

Division and assign¬
ment, how made.

Article 1. The Sacs and Foxes of the Mississippi having now more
lands than are necessary for their occupancy and use, and being desir¬
ous of promoting settled habits of industry and enterprise amongst
themselves by abolishing the tenure in common by which they now
hold their lands, and by assigning limited quantities thereof, in sever¬
alty, to the individual members of the tribe, to be cultivated and
improved for their individual use and benefit, it is hereby agreed and
stipulated that the portion of their present reservation contained within
the following boundaries, that is to say: beginning at a point on the
northern boundary-line of their reservation, six miles west of the north
eastern corner of the same; running thence due south, to the southern
boundary of the same, twenty miles; thence west, and along said
southern boundary, twelve miles; thence due north, to the northern
boundary of said reservation, twenty miles; and thence east, along
said boundary-line, twelve miles, to the place of beginning — estimated
to contain about one hundred and fifty-three thousand and six hundred
acres — shall be set apart and retained by them for the purposes aforesaid.

Article 2. Out of the lands so set apart and retained there shall be
assigned to each member of said confederated tribe, without distinc¬
tion of age or sex, a tract of eighty acres, to include, in every case, as
far as practicable, a reasonable portion of timber. One hundred and
sixty acres of said retained lands shall also be set apart and appropri¬
ated to the use and occupancy of the agent for the time being of said
confederated tribe; and one hundred and sixty acres shall also be
reserved for the establishment and support of a school for the edu¬
cation of the youth of the tribe. The location of the tracts, the assign¬
ment of which is provided for in this article, shall be made in as regular
and compact a manner as possible, and so as to admit of a distinct and
well-defined exterior boundary, embracing the whole of them and any
intermediate portions or parcels of land or water not included in or
made part of the tracts assigned in severalty. All such intermediate
parcels of land and water shall be owned by the Sacs and Foxes of the
Mississippi in common; but, in case of increase in the tribe, or other
cause, rendering it necessary or expedient, the said intermediate par¬
cels of land shall be subject to distribution and assignment in such
manner as the Secretary of the Interior may prescribe and direct. The
whole of the lands, assigned or unassigned, embraced within said
exterior boundary, shall constitute and be known as the reservation of
the Sacs and Foxes of the Mississippi; and all laws which have been,
or may be, passed by the Congress of the United States regulating
trade and intercourse with Indian tribes shall have full force and
effect over the same, and no white person, except such as shall be
in the employment of the United States, shall be allowed to reside or
go upon any portion of said reservation, without the written permis¬
sion of the superintendent of the central superintendency, or of the
agent of the tribe.

Article 3. The division and assignment in severalty among the Sacs
and Foxes of the Mississippi of the land hereinbefore reserved for-that

TREATY WITH SAUK AND FOXES, 1859.

605

purpose shall be made under the direction of the Secretary of the Inte¬
rior, and his decision of all questions arising thereupon shall be final
and conclusive. Certificates shall be issued by the Commissioner of
Indian Affairs for the tracts assigned in severalty, specifying the names
of the individuals to whom they have been assigned, respectively, and
that the said tracts are set apart for the exclusive use and benefit of the
assignees and their heirs. And said tracts shall not be alienated in fee,
leased, or otherwise disposed of, except to the United States, or to mem¬
bers of the Sac and Fox tribe, and under such rules and regulations as
may be prescribed by the Secretary of the Interior. And said tracts
shall be exempt from taxation, levy, sale, or forfeiture, until otherwise
provided by Congress. Prior to the issue of the certificates aforesaid,
the Secretary of the Interior shall make such rules and regulations as
he may deem necessary or expedient respecting the disposition of any
of said tracts, in case of the death of the person or persons to whom
they may be assigned, so that the same shall be secured to the families
of such deceased persons; and should any of the Indians to whom tracts
shall be assigned abandon them, the said Secretary may take such action
in relation to the proper disposition thereof as, in his judgment, may
be necessary and proper.

Article 4. For the purpose of establishing the Sacs and Foxes of
the Mississippi comfortably upon the lands to be assigned to them in
severalty, by building them houses, and by furnishing them with agri¬
cultural implements, stock-animals, and other necessary aid and facilities
for commencing agricultural pursuits under favorable circumstances,
the lands embraced in that portion of their present reservation, not
stipulated to be retained and divided as aforesaid, shall be sold, under
the direction of the Secretary of the Interior, in parcels not exceeding
one hundred and sbrty acres each, to the highest bidder, for cash; the
sale to be made upon sealed proposals, to be duly invited by public
advertisement, and the proceeds thereof to be expended, for the pur¬
poses hereinbefore recited, in such manner as the Secretary of the
Interior may think proper. And should any of the tracts so to be sold
have upon them improvements of any kind which were made by or for
the Indians, or for Government purposes, the proposals therefor must
state the price for both the land and the improvements. And if, after
assigning to all the members of the tribe entitled thereto their propor¬
tion of land in severalty, there shall remain a surplus of that portion
of the reservation retained for that purpose, outside of the exterior
boundaries of- the lands assigned in severalty, the Secretary of the Inte¬
rior shall be authorized and empowered, whenever he shall think proper,
to cause such surplus to be sold in the same manner as the other lands
to be so disposed of, and to apply the proceeds of such sale to the pur¬
poses and in the mode hereinbefore provided with respect to that por¬
tion of their present reservation not retained for distribution.

Article 5. The Sacs and Foxes of the Mississippi being anxious
to relieve themselves from the burden of their present liabilities, and
it being essential to their best interests that they should be allowed to
commence their new mode of life, free from the embarrassments of
debt, it is stipulated and agreed that debts which may be due and
owing at the date of the signing and execution hereof, either by the
said confederated tribes of Sacs and Foxes, or by individual members
thereof, shall be liquidated, and paid out of the fund arising from the
sale of their surplus lands, so far as the same shall be found to be just
and valid on an examination thereof, to be made by their agent and
the superintendent of Indian affairs for the central superintendency,
subject to revision and correction by the Secretary of the Interior.

Article 6. Should the proceeds of the surplus lands aforesaid
prove insufficient to carry out the purposes and stipulations of this
agreement, and further aid be, from time to time, requisite to enable
the Sacs and Foxes of the Mississippi to sustain themselves success¬
fully in agricultural or other industrial pursuits, such additional means

vCertificates for
tracts.

Tracts not to be dis¬
posed of, etc.

To be exempt, etc.

Certain lands of
present reservation to
be sold and proceeds
how applied.

Sales, how made.

Improvements.

Debts of the Indians
to be paid, etc.

If proceeds of lands
are insufficient, other
moneys to be taken.

606

TREATY WITH SAUK AND FOXES, 1859.

Provisions of former
treaties may be
changed.

All members of the
tribe to share herein.

To come in within
one year.

Expenses of the
treaty, etc.

Roads and high¬
ways.

Railroads.

Mixed and half
bloods and whole
bloods intermarried
with white men.

Thomas Connelly.

as may be necessary therefor shall be taken from the moneys due
and belonging to them under the provisions of former treaties; and
so much of said moneys as may be required to furnish them further
aid as aforesaid shall be applied in such manner, under the direction
of the Secretary of the Interior, as he shall consider best calculated
to improve and promote their welfare. And, in order to render
unnecessary any further treaty engagements or arrangements here¬
after with the United States, it is hereby agreed and stipulated that
the President, with the assent of Congress, shall have full power to
modify or change any of the provisions of former treaties with the
Sacs and Foxes of the Mississippi in such manner and to whatever
extent he may judge to be necessary and expedient for their welfare
and best interests.

Article 7. The Sacs and Foxes of the Mississippi, parties to this
agreement, are anxious that all the members of their tribe shall par¬
ticipate in the advantages herein provided for respecting their improve¬
ment and civilization, and to that end to induce all that are now sep¬
arated to rejoin and reunite with them. It is therefore agreed that,
as soon as practicable, the Commissioner of Indian Affairs shall cause
the necessary proceedings to be adopted to have them notified of this
agreement and its advantages, and to induce them to come in and unite
with their brethren; and to enable them to do so, and to sustain them¬
selves for a reasonable time thereafter, such assistance shall be pro¬
vided for them at the expense of the tribe as may be actually necessary
for that purpose: Provided , however , That those who do not rejoin and
permanently re-unite themselves with the tribe within one year from
the date of the ratification of this treaty shall not be entitled to the
benefit of any of its stipulations.

Article 8. All the expenses connected with and incident to the
making of this agreement, and the carrying out of its provisions, shall
be defrayed out of the funds of the Sacs and Foxes of the Mississippi.

Article 9. It is agreed that all roads and highways laid out by
authority of law shall have right of way through the lands within the
reservation hereinbefore specified, on the same terms as are provided
by law when roads and highways are made through lands of citizens
of the United States; and railroad companies, when the lines pass
through the lands of said Indians, shall have right of way on the pay¬
ment of a just compensation therefor in money.

Article 10. The Sacs and Foxes of the Mississippi being anxious
to make some suitable provision for their mixed and half bloods, and
such of their women (whole-bloods) who have intermarried with white
men, it is agreed that there shall be assigned to the mixed and half
bloods of their tribe, and to such whole-blood females as have intermar¬
ried with white men, at the date of this agreement, three hundred and
twenty acres each; the location and allotments of said lands to be made
out of that portion relinquished by this treaty to the United States in
trust, provided the mixed or half bloods, and such females of their
tribes as have intermarried with white men, desire to do so. The allot¬
ments to such of the mixed or half bloods as may be minors to be made
by the agent of the tribe, subject to the confirmation and approval of
the Secretary of the Interior; and in allotting lands to those provided
for in this article, said allotments shall be made so as to include their
improvements, (if any,) provided it can be done, and at the same time
make said allotments conform to the public surveys. And it is further
agreed between the parties to this agreement, that Thomas Connelly, a
half-breed, and a member of the tribe who has been uniformly kind
to his people, shall be permitted to so locate his three hundred and
twenty acres as to include Randal’s dwelling and trading-house, if it
can be done so as to harmonize with the public surveys; and provided
the said Connelly shall pay to the owner of said improvements a fair
valuation therefor. The lands granted by this article shall remain

TREATY WITH KANSAS TRIBE, 1859.

607

inalienable except to the United States or members of the tribe, noi
shall the mixed or half bloods, or such females as have intermarried
with white men, participate in the proceeds of the lands herein ceded.

Article 11. The United States also agree to cause to be paid to the withheld to

tribe any funds that may have heretofore been withheld under the pro¬
visions of the fifth article of the treaty of one thousand eight hundred
and forty-two, the same to be expended for their benefit, or paid in
money, as the Secretary may direct.

Article 12. This instrument shall be obligatory on the contracting Treaty when to take
parties whenever the same shall be ratified by the President and the e ec '

Senate of the United States.

TREATY WITH KANSAS TRIBE, 1859.

Articles of agreement and convention made and concluded at the Kansas oct. 5, 1859.

agency , in the Territory of Kansas , on. the fifth day of October , 12 stat., 1111.
eighteen hundred and fifty-nine , by and between Alfred B. Green- i7PXoamation’ Nov-
wood , commissioner , on the part of the United States , and the fol- Ratified June 27.
lowing-named chiefs and headmen representing the Kansas tribe of
Indians, to wit: Ke-hi-ga-wah Chuff e, Ish-tal-a-sa , Ke-hoo-ja-in-gah ,
Ki-hi-ga-wat-te-in-gah , Ki-he-gah-cha , Al-li-ca-wah-ho , Pah-hous-
ga-tun-gah , Ke-hah-lah-la-hu , Ki-ha-gah-chu , Ee-le-sun-gah , Wah-
pah-jah, Ko-sah-mun-gee, Oo-ga-shama , Wah-Shumga , Wah-ti-inga,

Wah-e-la-ga , Pa-ha-ne- ga-la, Pa-ta-go , Cahulle , Ma-she-tum, Wa-
no-ba-ga-ha , She-ga-wa-sa , Ma-his-pa-wa-cha , Ma-shon-o-pusha , Ja-
ha-sha-watanga , Ki-he-ga-tussa , <mS Ka-la-sha-wat-lumga , they being
thereto duly authorized by said tribe.

Article 1. The Kansas Indians having now more lands than are Portion of reserva-
necessary for their occupation and use, and being desirous of promot- and assigLdetmasev-
ing settled habits of industry amongst themselves by abolishing the t0 members of
tenure in common by which they now hold their lands, and by assign¬
ing limited quantities thereof in severalty to the members of their
tribe, owning an interest in their present reservation, to be cultivated
and improved for their individual use and benefit, it is agreed and
stipulated that that portion of their reservation commencing at the Boundaries,
southwest corner of said reservation, thence north with the west
boundary nine miles, thence east fourteen miles, thence south nine
miles, thence west with the south boundary fourteen miles to the place
of beginning, shall be set apart and retained by them for said pur¬
poses; and that out of the same there shall be assigned to each head Assignments,
of a family not exceeding forty acres, and to each member thereof
not exceeding forty acres, and to each single male person of the age
of twentj^-one years and upwards not exceeding forty acres of land,
to include in every case, as far as practicable, a reasonable propor¬
tion of timber. One hundred and sixty acres of said retained lands,
in a suitable locality, shall also be set apart and appropriated to the
occupancy and use of the agency of said Indians, and one hundred Indian agency and
and sixty acres of said lands shall also be reserved for the establish- sc 00 s'
ment of a school for the education of the youth of the tribe.

Article 2. The lands to be so assigned, including those for the use .^nd assigned^ tobe
of the agency, and those reserved for school purposes, shall be in as 0 pac orm’
regular and compact a body as possible, and so as to admit of a dis¬
tinct and well-defined exterior boundary, embracing the whole of
them, and any intermediate portions or parcels of land or water not
included in or made part of the tracts assigned in severalty. Any
such intermediate parcels of land and water shall be owned by the
Kansas tribe of Indians in common; but in case of increase in the tribe,
or other cause rendering it necessary or expedient, the said interme¬
diate parcels of land shall be subject to distribution and assignment in

608

TEE AT Y WITH KANSAS TEIBE, 1859.

such manner as the Secretary of the Interior shall prescribe and direct.
The whole of the lands assigned or unassigned in severalty, embraced
within the said exterior boundary, shall constitute and be known as
to be called the the Kansas reservation, within and over which all laws passed, or
which may be passed by Congress, regulating trade and intercourse
whites not to reside with the Indian tribes, shall have full force and effect. And no white
person, except such as shall be in the employment of the United
States, shall be allowed to reside or go upon any portion of said reser¬
vation without the written permission of the superintendent of Indian
affairs, or of the agent for the tribe.

beunSthedirection Krticle 3. Said division and assignment of lands to the Kansas
of the secretary of the tribe of Indians in severalty shall be made under the direction of the
interior. Secretary of the Interior, and when approved by him shall be final and

certificates to issue, conclusive. Certificates shall be issued by the Commissioner of Indian
Affairs -for the tracts so assigned, specifying the names of the indi¬
viduals to whom they have been assigned respectively and that they
are for the exclusive use and benefit of themselves, their heirs and
alienated “tc to be descendants, and said tracts shall not be alienated in fee, leased or
otherwise disposed of, except to the United States or to other mem¬
bers of the tribe, under such rules and regulations as may be prescribed
by the Secretary of the Interior; and they shall be exempt from taxa¬
tion, levy, sale, or forfeiture, until otherwise provided by Congress.
teriorretormafkehmies Prior to the issue of said certificates, the Secretary of the Interior
and regulations. shall make such rules and regulations, as he may deem necessary and
expedient respecting the disposition of any of said tracts, in case of
the death of the person or persons to whom they may be assigned, so
that the same shall be secured to the families of such deceased persons;
and should any of the Indians to whom tracts shall be assigned abandon
them, the said Secretary may take such action in relation to the proper
disposition thereof as in his judgment may be necessary and proper.

Article 4. For the purpose of procuring the means of comfortably
establishing the Kansas tribe of Indians upon the lands to be assigned
to them in severalty, by building them houses, and by furnishing them
with agricultural implements, stock animals, and other necessary aid
and facilities for commencing agricultural pursuits under favorable
circumstances, the lands embraced in that portion not stipulated to be
certain lands may retained and divided as aforesaid shall be sold, under the direction of
besol<1, the Secretary of the Interior, in parcels not exceeding one hundred

Mode of sale. and sixty acres each, to the highest bidder for cash, the sale to be made

upon sealed proposals to be duly invited by public advertisement, and
should any of the tracts .so to be so sold have upon them improvements
of any kind, which were made by or for the Indians, or for Govern¬
ment purposes, the proposals therefor must state the price for both
the land and improvements, and if, after assigning to all the members
of the tribe entitled thereto, their proportions in severalty, there shall
remain a surplus of that portion of the reservation retained for that
purpose, outside of the exterior boundary-line of the lands assigned in
severalty, the Secretary of the Interior shall be authorized and empow¬
ered, whenever he shall think proper, to cause such surplus to be sold
in the same manner as the other lands to be so disposed of, and the
Proceeds, how ex- proceeds thereof to be expended for their benefit in such manner as
pended. the Secretary of the Interior may deem proper: Provided , That all

those who had in good faith settled and made improvements upon said
reservation prior to the second day of December, eighteen hundred
and fifty-six, (that being the day when the survey was certified by the
agent of the tribe,) and who would have been entitled to enter their
improvements under any general or special pre-emption law, (had their
improvements not fallen within the reservation,) such settlers shall be
permitted to enter their improvements at the sum of one dollar and
seventy -five cents per acre, in cash; said entries to be made in legal
subdivisions and in such quantities as the pre-emption laws under

TREATY WITH KANSAS TRIBE, 1859.

609

which they may claim entitle them to locate: payments to be made on
or before a day to be named by the Secretary of the Interior: And
provided, further. That all those who had in good faith settled upon
that portion of the reservation retained by this treaty for the future
homes of the Kansas tribe of Indians, and had made tfoiva-jide improve¬
ments thereon prior to the second day of December, eighteen hundred
and fifty-six, aforesaid, and who would have been entitled to enter
their lands, under the general pre-emption law, at one dollar and
twenty-five cents per acre, had their improvements not fallen upon the
reservation, such settlers shall be entitled to receive a fair compensa¬
tion for their improvements, to be ascertained by the Commissioner of
Indian Affairs, under the direction of the Secretary of the Interior;
such compensation to be paid out of the proceeds of the lands sold in
trust for said tribe of Indians. All questions growing out of this
amendment, and rights claimed in consequence thereof, shall be
determined by the Commissioner of Indian Affairs, to be approved by
the Secretary of the Interior. And in all cases where licensed traders,
or others lawfully there, may have made improvements upon said res¬
ervation, the Secretary of the Interior shall have power to adjust the
claims of each upon fair and equitable terms, they paying a fair value
for the lands awarded to such persons, and shall cause patents to issue
in pursuance of such award.

Article 5. The Kansas tribe of Indians being anxious to relieve
themselves from the burden of their present liabilities, and it being
very essential to their welfare that they shall be enabled to commence
their new mode of life and pursuits free from the annoyance and
embarrassment thereof, or which may be occasioned thereby, it is
agreed that the same shall be liquidated and paid out of the fund
arising from the sale of their surplus lands so far as found valid
and just, (if they have the means,) on an examination thereof, to
be made by their agent arid the superintendent of Indian affairs for
the central superintendency, subject to revision and confirmation by
the Secretary of the Interior.

Article 6. Should the proceeds of the surplus lands of the Kansas p“°“ ^les^
tribe of Indians not prove to be sufficient to carry out the purposes insufficient,
and stipulations of this agreement, and some further aid be necessary,
from time to time, to enable said Indians to sustain themselves success¬
fully in agricultural and other industrial pursuits, such additional
means may be taken, so far as may be necessary, from the moneys due
and belonging to them under the provisions of former treaties, and so
much thereof as may be required to furnish further aid as aforesaid
shall be applied in such manner, under the direction of the Secretary
of the Interior, as he shall consider best calculated to promote and
advance their improvement and welfare.

Article 7. In order to render unnecessary any further treaty engage-
ments or arrangements hereafter with the United States, it is hereby
agreed and stipulated that the President, with the assent of Congress,
shall have full power to modify or change any of the provisions of for¬
mer treaties with the Kansas tribe of Indians in such manner and to
whatever extent he may judge to be necessary and expedient for their

welfare and best interest. . , „

Article 8. All the expenses connected with and incident to the out^ftmds of6 Kan-
making of this agreement, and the carrying out its provisions, shall sas Indians,
be defrayed out of the funds of the Kansas tribe of Indians. ...

Article 9. The Kansas tribe of Indians being desirous of manifest
ing their good-will towards the children of their half -breed relatives and others,
now residing upon the half-breed tract on the north side of the Kan¬
sas River, agree that out of the tract retained by this agreement there
shall also be assigned, in severalty, to the eight children of Julia Pap-
pan forty acres each, to the three children of Ade* Bellmard, to the

S. Doc. 452 - 39

610

TREATY WITH THE DELAWARES, I860.

Lands not to be
alienated.

Right of way for
roads.

Agreement, when to
be obligatory.

May 30, 1860.

12 Stat., 1129.
Proclamation, Aug.
22, 1860.

Ratified July27, 1860.

Provisions of treaty
of May 6, 1854.

Reservation shall be
surveyed.

four children of Jasette Gouville, to the child of Lewis Pappan, to
the four children of Pelagia Obrey, to the child of Acaw Pappan, to
the two children of Victoria Pappan, to the two children of Elizabeth
Carboneau, to the child of Victoria Williams, to the child of Joseph
Butler, to the child of Joseph James, to the two children of Pelagia
Pushal, Frank James, and Batest Gouville, forty acres each, but the
land so to be assigned under this article shall not be alienated in fee,
leased, or otherwise disposed of, except to the United States, or to
other members of the tribe, under such regulations as may be pre¬
scribed by the Secretary of [the] Interior.

Article 10. It is agreed that all roads and highways laid out by
authority of law shall have right of way through the lands within the
reservation hereinbefore specified, on the same terms as are provided
by law when roads and highways are made through lands of citizens
of the United States; and railroad companies, when the lines, pass
through the lands of said Indians, shall have right of way on the pay¬
ment of a just compensation therefor in money.

Article 11. This instrument shall be obligatory on the contracting
parties whenever the same shall be ratified by the President and Sen¬
ate of the United States.

TREATY WITH THE DELAWARES, 1860.

Articles of agreement and convention made and concluded at Sarcoxie-
ville , on the Delaware reservation , this thirtieth day of May , one
thousand eight hundred and sixty , by Thomas B. Sykes , as a com¬
missioner on the part of the United States , and following named
chiefs of the Delaware tribe of Indians , viz: John Conner , head
chief of the whole tribe; Sar-cox-ie , chief of the Turtle band; Ne-
con-he-con , chief of the Wolf band; Rock-a-to-wha , chief of the Tur¬
key band , and assistants to the said head chief chosen and appointed
by the people , and James Connor , chosen by the said chief as delegate.

Article 1. By the first article of the treaty made and concluded at
the city of Washington, on the sixth day of May, one thousand eight
hundred and fifty-four, between George W. Manypenny, commissioner
on the part of the United States, and certain delegates of the Delaware
tribe of Indians, which treaty was ratified by the Senate of the United
States on the eleventh day of July, one thousand eight hundred and
fifty-four, there was reserved, as a permanent home for the said tribe,
that part of their country lying east and south of a line beginning at
a point on the line between the Delawares and Half-breed Kansas, forty
miles in a direct line west of the boundary between the Delawares and
Wyandottes; thence north ten miles; thence in a easterly course to a
point on the south bank of Big Island Creek, which shall also be on the
bank of the Missouri river, where the usual high-water line of said
creek intersects the high-water line of said river. And b}r the eleventh
article of said treaty it was stipulated that “at any time hereafter
when the Delawares desire it, and at their request and expense, the
President may cause the country reserved for their permanent home,
to be surveyed in the same manner as the ceded country is surveyed,
and may assign such portion to each person or family as shall be desig¬
nated by the principal men of the tribe: Provided , such assignments
shall be uniform.”

The Delawares having represented to the government that it is their
wish that a portion of the lands reserved for their home may be divided
among them in the manner contemplated by the eleventh article of the
treaty aforesaid, it is hereby agreed by the parties hereto, that the
said reservation shall be surveyed as early as practicable after the ratifi¬
cation of these articles of agreement and convention, in the same man-

TREATY WITH THE DELAWARES, 1860.

611

ner that the public lands are surveyed; and to each member of the
Delaware tribe there shall be assigned a tract of land containing eighty
acres, to include in every case, as far as practicable, a reasonable por¬
tion of timber, to be selected according to the legal subdivisions of
survey.

Article 2. The division and assignment in severalty among the
Delawares of the land shall be made in a compact body, under the
direction of the Secretary of the Interior, and his decision of all ques¬
tions arising thereupon shall be final and conclusive.

Certificates shall be issued by the Commissioner of Indian Affairs,
for the tracts assigned in severalty, specifying the names of the indi¬
viduals to whom they have been assigned respectively, and that the
said tracts are set apart for the exclusive use and benefit of the assignees
and their heirs.

And said tracts shall not be alienable in fee, leased, or otherwise
disposed of, except to the United States or to members of the Dela¬
ware tribe, and under such rules and regulations as may be prescribed
by the Secretary of the Interior; and the said tracts shall be exempt
from levy, taxation, sale, or forfeiture, until otherwise provided by
Congress.

Prior to the issue of the certificates aforesaid, the Secretary of the
Interior shall make such rules and regulations as he may deem neces¬
sary or expedient, respecting the disposition of any of said tracts, in
case of the death of the person or persons to whom they may be
assigned, so that the same shall be secured to the families of such
deceased persons. And should any of the Indians to whom tracts shall
be assigned, abandon them, the said Secretary may take such action in
relation to the proper disposition thereof, as, in his judgment, may be
necessary and proper.

The improvements of the Indians residing on the lands to be sold
shall be valued by the United States, and the individual owners thereof
shall receive the amount realized from the sale of the same, to be
expended in building other improvements for them on the lands retained.

Article 3. The Delaware tribe of Indians, entertaining the belief that
the value of their lands will be enhanced by having a railroad passing
through their present reservation, and being of the opinion that the
Leavenworth, Pawnee, and Western Railroad Company, incorporated
by an act of the legislative assembly of Kansas Territory, will have
the advantage of travel and general transportation over every other
company proposed to be formed, which will run through their lands,
have expressed a desire that the said Leavenworth, Pawnee, and West¬
ern Railroad Company shall havp the preference of purchasing the
remainder ©f their lands after the tracts in severalty and those for the
special objects herein named shall have been selected and set apart,
upon the payment into the United States treasury, which payment
shall be made within six months after the quantity shall have been
ascertained, in gold or silver coin, of such a sum as three commis¬
sioners, to bo appointed by the Secretary of the Interior, shall appraise
to be the value of said land: Provided , in no event shall the value be
placed below the sum of one dollar and twenty-five cents per acre,
exclusive of the cost of the survey of the same. (And that the United
States will issue a patent in fee-simple to said company, upon the pay¬
ment as aforesaid, for all the land remaining in Kansas.) It is, there¬
fore, agreed by the United States that the wishes of the Delawares
shall be granted; that they will accept of the trust reposed upon them;
and that the money resulting from such disposition of the lands shall
be disposed of and applied in the manner provided for by the seventh
and eighth articles of the Delaware treaty of sixth May, one thousand
eight hundred and fifty-four, after expending a sufficient sum to ena¬
ble them to commence agricultural pursuits under favorable circum-

Eighty acres to be
assigned to each mem¬
ber of the tribe.

Mode of division.

Certificates to issue
etc.

Land not alienable
except, etc.

Certificates to be se¬
cured to family, etc.

Abandonment of
land assigned.

Improvements.

Leavenworth, Paw¬
nee and Western Rail¬
road Company to have
a preference in the
purchase of land re¬
maining.

Minimum price $1.25
per acre.

612

TREATY WITH THE DELAWARES, 1860.

toRahaved per^etTal stances. It is also agreed that the said railroad company shall have
right of way. the perpetual right of way over any portion of the lands allotted to

the Delawares in severalty, upon payment of a just compensation
therefor, in money, to the respective parties whose lands are crossed
by the line of railroad. It being the intent and meaning of the Dela¬
wares, in consenting to the sale of their surplus lands to said company,
that they should, in good faith, and within a reasonable time, construct
a railroad through their reservation, and to carry out this intent as well
conditions on which as to secure so great a public convenience, it is agreed that no patent
raiiroadSha11 lssue to shall issue for any of these lands, nor shall the sale be binding upon the
Delaware Indians or the U nited States, until the Secretary of the Interior
shall be fully satisfied that a line of twenty-five miles of the road from
Leavenworth City shall have been completed and equipped, when a
patent shall issue for one-half of the ascertained quantity. The patent
for the residue shall issue only when the said Secretary shall be satisfied
that the road has been, in like manner, completed and equipped to the
western boundary of the Delaware reservation. And if the said com¬
pany shall fail or neglect to construct either the first or second section
of the road, or having constructed the first section and fail to com¬
plete the second section within a reasonable time they shall forfeit to
the United States all right to the lands not previously patented, and
the certificate of purchase shall be deemed and considered cancelled,
in case of failure, And provided further, that in case the said company shall fail to make
beCaisposedofan s t0 payment for the lands or fail to construct the road, as hereinbefore
stipulated, within a reasonable time, the surplus lands shall be dis¬
posed of by the Secretary of the Interior, at public auction, in quanti¬
ties not exceeding one hundred and sixty acres; but, in no case for a
sum less than the appraised value, the net proceeds to be applied in
the same manner as hereinbefore specified: And provided further ,
iandslr within0 seven That the said railroad company shall, finally, and in good faith, sell
years. w n s ve and dispose of all said lands within seven years after receiving the
patent therefor, except what may be necessary- for railroad purposes;
and in default thereof so much thereof as may remain undisposed of
shall revert to the Delaware nation, to be disposed of as herein pro¬
vided for other forfeited lands.

provision for Deia- Article 4. Whereas some years ago a good many of the Delawares
wares who are absent. wen|. down among the Southern Indians, and as there are still about
two hundred of them there, and as they have reason to believe they
will return soon, it is hereby agreed that eighty acres each be set
apart for them, to be allotted to them as they return, and certificates
to be then issued to them, in the same manner as to those now within
the reservation, and in every respect to be governed by the same rules
and regulations prescribed for the government of the lands reserved
by the preceding articles, that until they return the allotments set
apart for belong to the nation in common.

Reservations. Article 5. There shall be reserved three hundred and twenty acres

of ground where the mill, and school-house, and Ketchum’s store now
stand; three hundred and twenty acres where the council-house now
is; one hundred and sixty acres where the Baptist mission now is; one
hundred and sixty acres where the agency house now is; forty a res
where the Methodist Episcopal Church South now is; forty acres
where the Methodist Episcopal Church North now is; which several
when to be disposed tracts, with the improvements thereupon, shall be disposed of when the
of- objects for which they have been reserved shall have been accomplished,

in such manner and for such purposes as the Secretary of the Interior
shall determine to be just and equitable, for the benefit of the Dela¬
wares.

Article 6. By article fourteen of the treaty between the Delawares
and the United States, of May six, eighteen hundred and fifty-four,
ratified by the Senate July eleven, eighteen hundred and fifty-four,
the United States bound herself to protect them and their rights: and

TREATY WITH THE DELAWARES, 1860.

613

that whereas, that depredations of various kinds have been committed
upon them and their lands, it is hereby agreed that the United States
shall pay them, within twelve months from the ratification of these
articles of treaty and convention, thirty thousand dollars as indemnity
for timber that has been cut off their reservation b}^ the whites, and
nine thousand five hundred dollars as indemnity for ponies and cattle
that have been stolen from them by the whites since their last treaty
with the United States. It is further stipulated that should the Senate
of the United States refuse this article, it shall in no wise effect the
validity of the other articles, or prejudice the right of the Delawares
to appeal to the Congress of the United States for the indemnities
hereby agreed upon.

It is further understood that, at the treaty between the Delawares and
the United States, made September twenty-four, eighteen hundred and
twenty -nine, the boundary of the reservation then set apart for them
included the Half-breed Kansas lands; but it afterwards proved that
the United States had previously set apart these lands for the Half-
breed Kaws, and by that means they have been kept out of the use and
benefit of said lands; it is, therefore, hereby agreed that a fair valuation
shall be made by the United States upon such lands, under the direction
of the Secretary'of the Interior, and that the amount of said valuation
shall be paid the Delawares.

Article 7. In consideration of the long and faithful services of the
chiefs of the Delaware nation, and of the interpreter, who is also a
member of the nation, it is further agreed that the said chiefs and
interpreter shall have allotted to each a tract of land, to be selected by
themselves, and shall receive a patent in fee-simple therefor from the
President of the United States, viz: John Conner, principal chief, six
hundred and forty acres; Sar-cox-ie, chief of the Turtle band, three
hundred and twenty acres; Rock-a-to-wha, chief of the Turkey band,
three hundred and twenty acres; Ne-con-he-con, chief of the Wolf
band, three hundred and twenty acres ; and Henry Tiblow, interpreter,
three hundred and twenty acres; the lines of each tract to conform to
the legal subdivisions of survey. It is further agreed that, from the
money as paid the Delaware tribe of Indians, in accordance with article
number ten of this treaty, the chiefs of said tribe of Indians shall appro¬
priate one thousand five hundred dollars as the annual salary of the
councilmen of the said tribe of Indians.

Article 8. Any stipulation in former treaties inconsistent with
those embraced in the foregoing articles shall be of no force or effect.

Article 9. As these articles are entered into for the sole use and
benefit of the Delaware Indians, it is understood that the expenses
incident to carrying them into effect shall be defrayed from the funds
of said Indians, held in trust for them by the United States.

Article 10. The interest accruing to the Delawares under the
former treaties, and that which may accrue under this, shall be paid
on the first of April and October in each year.

United States to pay
for certain depreda¬
tions upon the Indi¬
ans.

Proviso.

Provisions of treaty
of Sept. 24, 1829.

Ante p. 217.

United States to pay
for certain lands.

The chiefs and in¬
terpreters each to
have a tract of land.

John Conner, Sar-
cox-ie, Rock-a-to-wha,
Ne-con-he-con, Henry
Tiblow.

Annual salary of
councilmen.

Inconsistent stipu¬
lations invalid.

Expenses hereof to
be borne by the Indi¬
ans.

Interest to be paid
Apr. 1 and Oct. 1.

614

TREATY WITH THE ARAPAHO AHD CHEYEUHE, 1861.

TREATY WITH THE ARAPAHO AND CHEYENNE, 1861.

- Fcb‘ 18, 1861' _ Articles of agreement and convention made and concluded at Fort Wise,

Proclamation, Dec '*'n ^ Territory of Kansas, on the eighteenth day of February, in the

M8M. ’ year of our Lord one thousand eight hundred and sixty -one, by and

amendments, Aug.^ between Albert G. Boone and F. B. Culver, commissioners on the part
^Amendments ac- °f ^ United States, and the following named chiefs and delegates ,

cepted, oct. 29, 1861. representing the confederated tribes of Arapahoe avid Cheyenne Indi¬
ans of the Upper Arkansas River , viz: Little Raven, Storm, Shave-
Head, and Big-Mouth, (on the part of the Arapahoes), and Black
Kettle, White Antelope, Lean Bear, Little Wolf, and Left Hand, or
Kamos (on the part of the Cheyennes), they being thereto duly author¬
ized by said confederated tribes of Indians.

Cession of lands.

Boundaries.

Tenure of lands.

Reservation to be
surveyed and divided.

Assignment in sev-
alty of lands to mem¬
bers of tribe.

To agent of tribes.

For schools.
Location of land.

Lands owned in
common.

^ Article 1. The said chiefs and delegates of said Arapahoe and
Cheyenne tribes of Indians do hereby cede and relinquish to the
United States all lands now owned, possessed, or claimed by them,
wherever situated, except a tract to be reserved for the use of said
tribes located within the following described boundaries, to wit:
Beginning at the mouth of the Sandy Fork of the Arkansas River and
extending westwardly along the said river to the mouth of Purgatory
River; thence along up the west bank of the Purgatory River to the
northern boundary of the Territory of New Mexico; thence west along
said boundary to a point where a line drawn due south from a point
on the Arkansas River, five miles east of the mouth of the Huerfano
River, would intersect said northern boundary of New Mexico; thence
due north from that point on said boundary of the Sandy Fork to the
place of the beginning.

The Arapahoe and Cheyennes, being desirous of promoting settled
habits of industry and enterprise among themselves, by abolishing the
tenure in common by which they now hold their lands, and by assign¬
ing limited quantities thereof in severalty to the individual members
of the respective tribes, to be cultivated and improved for their indi¬
vidual use and benefit, it is hereby agreed and stipulated that the tract
of country contained within the boundary above described shall be set
apart and retained by them for the purposes aforesaid.

According to the understanding among themselves, it is hereby
agreed between the United States and the said tribes that the said
reservation shall be surveyed and divided by a line to be run due north
from a point on the northern boundary of New Mexico, fifteen miles
west of Purgatory River, and extending to the Sandy Fork of the
Arkansas River, which said line shall establish the eastern boundary
of that portion of the reservation, to be hereafter occupied by the
Cheyennes, and the western boundary of portion of said reservation
to be hereafter occupied by the Arapahoes.

Article 2. Out of the lands so set apart and retained there shall be
assigned to each member of said tribes, without distinction of age or
sex, a tract of forty acres, to include in every case, as far as practicable,
a reasonable portion of timber and water; one hundred and sixty acres
of said retained lands shall also be set apart and appropriated to the use
and occupancy of the agent, for the time being, of said tribes; and one
hundred and sixty acres shall also be reserved out of each division of
the retained tract for the establishment and support of schools for the
education of the youth of the tribe. The location of the tracts, the
assignment of which is provided for in this article, shall be made in
as regular and compact a manner as possible, and so as to admit of
a distinct and well-defined exterior boundary, embracing the whole
of them, and any intermediate portions or parcels of land or water
not included in or made part of the tracts assigned in severalty. All
such intermediate parcels of land and water shall be owned in com¬
mon by the tribe occupying that portion of the reservation within the

TREATY WITH THE ARAPAHO AND CHEYENNE, 1861.

615

limits of which said parcels of land and water may be included; but
in case of increase in the tribe, or other causes rendering it necessary
or expedient, the said intermediate parcels of land shall be subject to
distribution and assignment in such manner as the Secretary of the
Interior may prescribe and direct. The whole of the lands, assigned
and unassigned, embraced within the exterior boundary herein desig¬
nated, shall constitute and be known as the Reservation of the Arapa-
hoes and Cheyennes of the Upper Arkansas; and all laws which have
been or may be passed by the Congress of the United States regulat¬
ing trade and intercourse with Indian tribes, shall have full force and
effect over the same, and no white person, except as shall be in the
employment of the United States, shall be allowed to reside or go
upon any portion of said reservation without the written permission
of the superintendent of the central superintendency, or of the agent
of the tribes.

Article 3. The division and assignment in severalty among the
Arapahoes and Cheyennes of the land hereinbefore reserved for that
purpose, shall be made under the direction of the Secretary of the
Interior, and his decision of all questions arising thereupon shall be
final and conclusive. Certificates shall be issued by the Commissioner
*of Indian Affairs for the tracts assigned in severalty, specifying the
names of the individuals to whom they have been assigned respectively,
and that the said tracts are set apart for the exclusive use and benefit
of the assigneess and their heirs. And said tracts shall not be alienated
in fee, leased, or otherwise disposed of, except to the United States,
or to members of the respective bands of Arapahoes and Cheyennes,
and under such rules and regulations as may be prescribed by the Sec¬
retary of the Interior. And said tracts shall be exempt from taxation,
levy, sale, or forfeiture, until otherwise provided by Congress.
Prior to the issue of the certificates aforesaid, the Secretary of the
Interior shall make such rules and regulations as he may deem neces¬
sary or expedient respecting the disposition of any of said tracts, in
the case of the death of the person or persons to whom they may be
assigned, so that the same shall be secured to the families of such
deceased persons; and should any of the Indians to whom tracts shall
be assigned, abandon them, the said Secretary may take such action in
relation to the proper disposition thereof as, in his judgment, may be
necessary and proper.

Article 4th. In consideration of the foregoing cession, relinquish¬
ment, and agreements, and for the purpose of establishing the Arapa¬
hoes and Cheyennes comfortably upon the lands to be assigned to
them in severalty, by building them houses, and by furnishing them
with agricultural implements, stock animals, and other necessary aid
and facilities for commencing agricultural pursuits under favorable
circumstances, the United States do hereby agree and stipulate as fol¬
lows, to wit: 1st. To protect the said Arapahoes and Cheyennes in the
quiet and peaceful possession of the said tract of land so reserved
for their future home, and also their persons and property thereon,
during good behavior on their part. 2d. To pay to them, or expend
for their benefit the sum of thirty thousand dollars per annum for fif¬
teen years; that is to say, fifteen thousand dollars per annum for each
tribe for that number of years, commencing with the year in which
they shall remove to and settle and reside upon their said reservation;
making four hundred and fifty thousand dollars in annuities in the
period of fifteen years, of which sum the Secretary of the Interior
shall, from time to time, determine what proportion shall be expended
for their benefit, and for what object such expenditure shall be made,
due regard being had, in making such determination, to the best inter¬
ests of said Indians. He shall likewise exercise the power to make
such provision out of said sums as he may deem to be necessary and
proper for the support and comfort of the aged or infirm and helpless

Name of reserva¬
tion.

Laws.

Assignment to be
under the direction of
the Secretary of the
Interior.

Certificates.

Lands not to be
alienated, except, etc.

To be exempt, etc.

Disposition in case
of death, etc.

Stipulations on part
of the United States.

Protection of per¬
sons and property.

Annuities.

Aged and infirm.

616

TREATY WITH THE ARAPAHO AND CHEYENNE, 1861.

Annuities may be
discontinued.

Purchase of stock,
agricultural imple¬
ments, etc.

Mills and mechanic
Shops.

All members of the
tribe to participate.

To come in -within
one year.

Further aid.

President and Con¬
gress may modify,
etc., former treaties.

Expenses of this
treaty

Roads, etc., to have
right of way.

orphans of the said Indians. Their annuities may, at the discretion of
the President of the United States, be discontinued entirely, should
said Indians fail to make reasonable and satisfactory efforts to advance
and improve their condition; in which case such other provision shall
be made for them as the President and Congress may judge to be
suitable and proper. 3d. It is hereby agreed that the expenses to be
incurred in the purchase of agricultural implements, stock animals,
etc. , referred to in this article, as also the cost and expenses of break¬
ing up and fencing land, building houses, store-houses, and other
needful buildings, or in making such other improvements as may be
necessary for their comfort and welfare, shall be defrayed out of the
aforesaid sum of four hundred and fifty thousand dollars, to be paid
to or expended for the benefit of the Arapahoes and Cheyennes as
annuities.

Article 5th. To provide the said Indians with a mill suitable for
sawing timber and grinding grain, one or more mechanic shops, with
necessary tools for the same, and dwelling-houses for an interpreter,
miller, engineer for the mill, (if one be necessary,) farmers, and the
mechanics that may be employed for their benefit, the United States
agree to expend therefor a sum not exceeding five thousand dollars
per annum for five years; and it is agreed that all articles of goods
and provisions, stock, implements, lumber, machinery, &c., referred
to in this treaty, shall be transported to the respective tribes of
Arapahoes and Cheyennes, at the cost and expense of the United
States.

Article 6th. The Arapahoes and Cheyennes of the Upper Arkansas,
parties to this Agreement, are anxious that all the members of their
tribe shall participate in the advantages herein provided for respecting
their improvements and civilization, and, to that end, to induce all that
are now separated to rejoin and reunite with them. It is therefore
agreed that, as soon as practicable, the Commissioner of Indian affairs
shall cause the necessary proceedings to be adopted to have them noti¬
fied of this agreement and its advantages; and to induce them to come
in and unite with their brethren; and to enable them to do so, and to
sustain themselves for a reasonable time thereafter, such assistance
shall be provided for them, at the expense of the tribe as may be actu¬
ally necessary for that purpose: Provided , however , That those who
did not rejoin and permanently reunite themselves with the tribe
within one year from the date of the ratification of this treaty, shall
not be entitled to the benefit of any of its stipulations.

Article 7th. Should any further aid from time to time be necessary
to enable the Arapahoes and Cheyennes of the Upper Arkansas to sus¬
tain themselves successfully in agricultural or other industrial pur¬
suits, such additional means as may be required therefor shall be taken
from the moneys due and belonging to them under the provisions of
former treaties or articles of agreement and convention, and so much
of said moneys as may be required to furnish them further aid as
aforesaid shall be applied in such manner, under the direction of the
Secretary of the Interior, as he shall consider best calculated to improve
and promote their welfare. And, in order to render unnecessary any
further treaty engagements or arrangements hereafter with the United
States, it is hereby agreed and stipulated that the President, with the
assent of Congress, shall have full power to modify or change any of
the provisions of former treaties with the Arapahoes and Cheyennes
of the Upper Arkansas, in such manner and to whatever extent he
may judge to be necessary and expedient for their best interest-.

Article 8th. All the expenses connected with and incident ■ tne
making of this agreement and carrying out its provisions shall be
defrayed by the United States, except as otherwise herein provided.

Article 9th. It is agreed that all roads and highways, laid out by
authority of law, shall have right of way through the lands within the

TREATY WITH SAUK AND FOXES, ETC., 1861.

617

reservation hereinbefore specified, on the same terms as are provided
by law when roads and highways are made through lands of citizens
of the United States.

Article 10th. It is also agreed by the United States that the annui¬
ties now paid to the Arapahoes and Cheyennes, under existing treaties
or articles of agreement and convention, shall be continued to them
until the stipulations of said treaties or articles of agreement and con¬
vention relating to such annuities shall bo fulfilled.

Article 11th. [Stricken out.]

Article 12th. This instrument shall be obligatory on the contract¬
ing parties whenever the same shall be ratified by the President and
the Senate of the United States.

P. S. — And it is further understood, before signing the above treaty,
that it was the particular request and wish of the Chiefs and Councillors
in general convention, in consideration of Robert Bent being one of
their half-breed tribe, that he should have, as a gift from the nation,
six hundred and forty acres of land, covering the valley and what is
called the Sulphur Spring, lying on the north side of the Arkansas
River and about five miles below the Pawnee Hills, and they wish the
general government to recognize and confirm the same; and that Jack
Smith, son of John S. Smith, who is also a half-breed of said nation,
shall have six hundred and forty acres of land, lying seven miles above
Bent’s Old Fort, on the north side of the Arkansas River, including
the valley and point of rock, and respectfully recommend the general
government to confirm and recognize the same.

TREATY WITH SAUK AND FOXES, ETC., 1861.

Articles of agreement and corivention made and concluded at the office
of the Great Nemaha agency , Nebraska Territory , on the sixth day
of March , A. D. one thousand , eight hundred and sixty-one , by and
between Daniel Vanderslice , U. S. Indian agent , on the jpart of the
United States , and the following -named delegates of the Sacs and
Foxes of Missouri , viz: Pe-ta-ok-a-ma , Ne-sour-quoit , Mo-less , and
Se-se-ah-kee; and the following -named delegates of the Iowa tribe ,
viz: No-heart , Nag-go-rash, Mah-hee , To-hee , Tah-ra-kee , Thur-o-
mony , and . White Horse; they being duly authorized thereto by
their respective tribes.

Article 1. The Sacs and Foxes of Missouri hereby cede, relinquish,
and convey to the United States all their right, title, and interest in
and to lands within their present reservation, described as follows, viz:
beginning at the mouth of the south fork of the Great Nemaha River,
and thence up the southwest bank of the Great Nemaha, with its mean¬
ders, to the mouth of the west fork; thence up the west fork, with its
meanders, to the line of the 40° of parallel on the west bank of creek
or fork where is established the southwest corner of the Sac and Fox
reserve, by erecting a stone monument, from which the following
references bear, viz: A large cottonwood tree, three feet in diameter,
bears S. 44° 00' E. 1.05 chains; a rock bears N. 30° 00' W. 50 links;
another rock bears N. 50° 00' west 50 links; and another rock bears
due north one chain; thence east along the line of the 40° of parallel
to the west bank of the south fork of the Great Nemaha River, distance
fourteen miles twenty -seven chains and sixty links, where is established
the southeast corner of the Sac and Fox reserve, by erecting a stone
pile with a black walnut post in the centre of it, from which a white
elm, two feet in diameter, bears S. 33° 00' E. 22 links, and marked
with the letters S. E. Cor. for the southeast corner, and another elm,
18 inch[e]s in diameter, bears S. 39° 00' E. 1.05 chains, and marked

Existing annuities
to be continued, etc.

Instrument, when to
be obligatory.

Gift to Robert Bent.

To Jack Smith.

Mar. 6, 1861.

12 Stat.,1171.
Proclamation Mar.
26 1863

Ratified, Feb. 6, 1863

Cession of reserva¬
tion to the United
States.

Boundaries.

618

TREATY WITH SAUK AXD FOXES, ETC., 1861.

SE C B SE., for the southeast corner, bearing-, and distance; and
another black walnut, 9 inch[e]s in diameter, bears S. 15° 00' E. 85
links, and thence down the south fork, with its meanders, to the point
of beginning, estimated to contain 32,098 acres, 3 roods and 35 perches.
Lands t° be surveyed Article 2. The aforesaid lands shall be surveyed in conformity

an so a auc on. ^ SyS^em governing the survey of the public lands; and the same

shall be sold, under the direction of the Secretary of the Interior, in
parcels not exceeding one hundred and sixty acres each, to the highest
bidder for cash; the sale to be made upon sealed proposals, to be duly
invited by public advertisement, provided, no bid shall be favorably
considered which may be less than one dollar and twenty-five cents
improvements. per acre. And should any of the tracts so to be sold have upon them
improvements of any kind which were made by or for the Indians, or
for Government purposes, the proposals therefor must state the price
Proceeds of sale. for both the land and improvements. The proceeds of the sales thereof,

after deducting therefrom the expenses of surveying the lands and all
other expenses incident to the negotiation of these articles of conven¬
tion and the proper execution thereof, the balance shall be applied as
follows, viz: One half shall be held in trust by the United States for
the benefit of the Sacs and Foxes of Missouri, and interest thereon,
at the rate of five per centum per annum, shall be paid annually, with
the other funds to be paid said tribe, in the same manner as stipulated
in the treaty of May 18th, 1854; and the other half of said balance
shall be applied as hereinafter specified.

iowas cede to the Article 3. The Iowa tribe of Indians, parties to this agreement,
for^the^s^cs Jand| hereby cede, relinquish, and convey to the United States, for the use
Foxes- and benefit of the Sacs and Foxes of Missouri, for their permanent

home, all that part of their present reservation lying and being west
Boundaries of No hearts Creek, and bounded as follows, viz: Beginning at a point

where the southern line of the present Iowa reserve crosses Nohearts
Creek; thence with said line to the south fork of the Nemaha, (com¬
monly known as Walnut Creek;) thence down the middle of said south
fork, with the meanders thereof, ta its mouth, and to a point in the
middle of the Great Nemaha River; thence down the middle of said
river to a point opposite the mouth of Nohearts Creek; and thence, in
a southerly direction with the middle of said Nohearts Creek, to the
place of beginning. And it is hereby understood and agreed that, in
full consideration for said cession, the United States shall hold in trust,
for the use and benefit of the Iowas, the one-half of the net proceeds
of the sales of the lands described in the second article of this agree¬
ment, and interest thereon, at the rate of five per centum per annum,
shall be paid to the Iowa tribe in the same manner as their annuities
are paid under the treaty of May 17, 1854. The reservation herein
described shall be surveyed and set apart for the exclusive use and
benefit of the Sacs and Foxes of Missouri, and the remainder of the
Iowa lands shall be the tribal reserve of said Iowa Indians for their
exclusive use and benefit.

Joseph Tesson to se- Article 4. The Sacs and Foxes of Missouri being anxious to make
onandUarter sectlon full satisfaction for a just claim which Joseph Tesson holds against
said tribe, it is hereby agreed by the parties to this convention that
said claimant shall select a quarter section or one hundred and sixty
acres of land, to include his present residence and improvements, to
be located in one body, in conformity with the legal subdivisions of
the public surveys, which tract of land shall be received by him in
full payment of said claim, estimated at about eight hundred dollars,
and all other claims or rights of every character whatsoever against
said tribe; and when a relinquishment shall have been executed by
said claimant in favor of said tribe for all claims that he may have
against them, a patent shall be issued to him for said tract of land in
fee-simple.

619

TREATY WITH SAUK AND FOXES, ETC., 1861.

The following chiefs shall be entitled to select each a quarter sec- certain chiefs may
tion or one hundred and sixty acres of land in one body, in conform- seSnof iandquarter
ity with the public surveys, to include their present residences and
improvements, viz: Pe-te-ok-a-ma, Ne-sour-quoit, and Mo-less; and
George Gomess, a member of the Sac and Fox tribe, shall select in like
manner one-eighth of a section or eighty acres of land in one body, to
include his improvements, and patents shall be issued therefor in favor
of said persons in fee-simple.

Article 5. In order to encourage education among the aforesaid G^ant for purposes
tribes of Indians, it is hereby agreed that the United States shall ° e ucatlou
expend the sum of one thousand dollars for the erection of a suitable
school-house, and dwelling-house for the school teacher, for the bene¬
fit of the Sacs and Foxes, and also the additional sum of two hundred
dollars per annum for school purposes, so long as the President of the
United States may deem advisable. And for the benefit of the Iowa
tribe of Indians there shall be expended, in like manner, at the discre¬
tion of the President, the sum of three hundred dollars per annum, for
school purposes, which two last-mentioned sums shall be paid out of
the funds to be appropriated for the civilization of Indians.

Article 6. There shall be set apart in one bod}T, under the direc¬
tion of the Commissioner of Indian Affairs, one section, or six hun¬
dred and forty acres of land, in harmony with the public survey, so
as to include the agency-dwelling, agency -office, council-house, school-
house, teachers’ dwelling, blacksmith’s dwelling and shops, and such
farming land as may be necessary for the use of the school, agency,
and employees thereat.

Article 7. No person not a member of either of the tribes, parties .Persons not to re-
to this convention, shall go upon the reservations or sojourn among non Without p™'
the Indians without a license or written permit from the agent or
superintendent of Indian affairs, except Government employees or
persons connected with the public service. And no mixed-blood Indi¬
ans, except those employed at some mission, or such as may be sent
there to be educated, or other members of the aforesaid tribes, shall
participate in the beneficial provisions of this agreement or former
treaties, unless they return to and unite permanently with said tribes,
and reside upon the respective reservations within six months from
the date of this convention.

Article 8. It is hereby understood and agreed by the contracting la^™ertreatystipu'
parties hereto that the stipulations of the treaty with the Sacs ana a lons
Foxes of Missouri of May 18th, 1854, and the treaty with the Iowa
Indians of the 17th of May, 1854, which may not be inconsistent with
these articles of convention, shall have full force and effect upon the
contracting parties hereto.

Article 9. This instrument shall be obligatory upon the respective when this treaty to
parties hereto, whenever the same shall be ratified by the President be obligatory'
and the Senate of the United States.

Article 10. The Secretary of the Interior may expend a sum not To11 bridge,
exceeding three thousand five hundred dollars, ($3,500,) out of the
proceeds of the sales of said lands, at any time he may deem it advis¬
able, for the purpose of erecting a toll-bridge across the Great Nemaha
River, at or near Roy’s Ferry, for the use of the Iowa Indians; and a
like sum of three thousand five hundred dollars, ($3,500,) out of the
proceeds of the sales of said lands, for the purpose of erecting a toll-
bridge across the Great Nemaha River, at or near Wolf Village, for
the use of the Sacs and Foxes of Missouri.

Toll shall be charged and collected for the use of said bridges at Toils,
such rates and under such rules and regulations as may be established
by the Commissioner of Indian Affairs, with the approval of the Sec¬
retary of the Interior, the proceeds of such tolls to be expended as
follows: 1st, in making necessary repairs on said bridges; 2d, for the
use of said tribes, respectively.

620

TREATY WITH THE DELAWARES, 1861.

Article 11. It is further stipulated that, whenever Congress shall
by law so provide, all annuities due and to become due and payable to
the said tribes of Indians under this treat}7, and under all other pre¬
vious treaties, may be paid in specific articles, clothing, agricultural
implements, and such other articles as Congress shall direct.

TREATY WITH THE DELAWARES, 1861.

July 2, i86i. Whereas, by the treaty of May 30, 1860, between the United States
12 stats., 1177. and the Delaware tribe- of Indians, it is provided that the surplus lands
pfociamalxAnf’oct sa^ Debt wares, not included in their “home reserve,” should be
4- 1861 surveyed and appraised under direction of the Secretary of the Interior;

piedegedaiby ratom! an^ ^t in order to aid in the construction of a railroad near and
company to seeure its through their said “home reserve,” the Leavenworth, Pawnee, and
Western Railroad Company of Kansas, duly organized and incorporated
under the laws of said Territory, should have the right to purchase
such surplus lands at such appraised value - -on condition, however,
that after paying for said lands, said company should only receive title
to one-half of them on completing and equipping, within a reasonable
time, twenty-five (25) miles of said railroad from Leavenworth City
westward; and should only receive title to the remaining half of said
lands on completing and equipping said road, within a reasonable time,
to the western boundary of the “Delaware Reserve;” and that in case
said company should fail to pay for said lands, or having paid, should
forfeit the same, or any part thereof, before receiving title, by failing
to construct either the first or the second section of said road within
such reasonable time, then the lands so forfeited, or not paid for,
should be sold in quantities not exceeding one hundred and sixty (160)
acres, at not less than such appraised value; the proceeds of such sale,
subject to a certain contingent deduction, to be invested by the Presi¬
dent of the United States in “safe and profitable stocks,” for the ben¬
efit of said Delaware Indians: and
Whereas said surplus lands, to the amount of 223,966-T’W acres,
have been duly surveyed and appraised at an aggregate valuation of
two hundred and eightv-six thousand seven hundred and forty-two
and TVo ($286,742TVo) dollars: and
Whereas the said Leavenworth, Pawnee, and Western Railroad Com¬
pany has executed, under their corporate seal, and by the hand of
Thomas Ewing, jr., their agent, their twenty-nine (29) several bonds,
all of even date herewith, and numbered from one to twenty-nine, inclu¬
sive, for sums amounting in the aggregate to $286,742yVo? being the
amount of the valuation of said surplus lands as above stated, twenty
eight (28) of which said bonds are for the sum of ten thousand ($10,000)
dollars each, and one is for the sum of six thousand and seven hundred
and forty-two and WV ($6,742yVo) dollars, and payable in ten (10) years
after their date, at the office of the assistant treasurer of the United
States, in the city of New York, to the Commissioner of Indian Affairs
of the United States or bearer, with interest at the rate of six per cent,
per annum, payable annually at the same place on interest-warrants
attached to said bonds, which said bonds have been delivered by said
company to Archibald Williams, judge of the United States court for
the district of Kansas, and have been by him received and receipted
for as agent of the United States for that purpose specially appointed,
in accordance with the instructions of the President of the United
States of June 10, 1861, hereto attached and made part hereof, and for
the consideration and use in said instructions set forth:

Now, therefore, to secure the payment of said bonds and every part
thereof, and of all interest to become due thereon, according to the
terms thereof, the Leavenworth, Pawnee, and Western Railroad Com-

TREATY WITH THE DELAWARES, 1861.

621

pan}7, by its agent hereto specially authorized by resolution of the board
of directors of said company of April 11, 1861, a certified copy of which
said resolution is hereto attached, hereby agrees with the United States,
as trustee for said Delaware tribe of Indians, that in case said company
shall at any time hereafter neglect or fail to pay the whole or any part
of the interest on all or any one of said bonds, or shall neglect or fail
to pay the whole or any part of the principal of all or any one of said
bonds, when any such payment, either of principal or of interest, shall
become due and paj^able, then the said railroad company shall be deemed
and held to have forfeited all right and title of any kind whatever to
the one hundred thousand (100,000) acres of land herein described,

to wit:

Description. Section. Township. Range. Meridian.

P. M.

Southeast quarter _ 2 10 17 E. 6th. List of lands.

Section - 12 10 17 E. 6th.

West half - 13 io 17 E. 6th.

East half - 14 10 17 E. 6th.

Section - 24 10 17 E. 6th.

West half - 25 10 17 E. 6th.

Section - 36 10 17 E. 6th.

South half _ 3 10 18 E. 6th.

South half _ 4 10 18 E. 6th.

Section - 9 10 18 E. 6th.

South half _ 25 10 19 E. 6th.

Section - 26 10 19 E. 6th.

Section _ 28 10 19 E. 6th.

West half _ 30 10 19 E. 6th.

Section _ _ _ 32 10 19 E. 6th.

Section _ 34 10 19 E. 6th.

Section _ 36 10 19 E. 6th.

South half _ _ 2 10 20 E. 6th.

South half _ 4 10 20 E. 6th.

S. W. quarter _ 5 10 20 E. 6th.

East half _ 19 10 18 E. 6th.

East half _ 24 10 18 E. 6th.

North half _ 25 10 18 E. 6th.

East half _ _ _ 26 10 18 E. 6th.

West half _ - _ 28 10 18 E. 6th.

East half _ _ 30 10 18 E. 6th.

West half _ 32 10 18 E. 6th.

Section _ 35 10 18 E. 6th.

South half _ 1 10 19 E. 6th.

South half _ 3 10 19 E. 6th.

South half _ 5 10 19 E. 6th.

East half _ 7 10 19 E. 6th.

Section _ _ - - 9 10 19 E. 6th.

Section _ 11 10 19 E. 6th.

Section _ 13 10 19 E. 6th.

Section _ _ _ _ 15 10 19 E. 6th. *

Section _ 17 10 19 E. 6th.

East half _ 19 10 19 E. 6th.

West half _ 20 10 19 E. 6th.

Section _ 22 10 19 E. 6th.

East half _ 23 10 19 E. 6th.

Section _ 24 10 19 E. 6th.

S. E. quarter _ 6 10 20 E. 6th.

Section _ § 10 20 E. 6th.

Section _ 10 10 20 E. 6th.

Section _ 12 10 20 E. 6th.

Section _ 14 10 20 E. 6th.

622

TREATY WITH THE DELAWARES, 1861.

List of lands.

Description.

Section.

Township

Range.

Meridian

West half _ _ _

_ 15

20 E.

6th.

Section _

_ 17

20 E.

6th.

East half _ _

_ 19

20 E.

6th.

East half _

_ 20

20 E.

6th.

West half _

_ 21

20 E.

6th.

Section _ _

. . 22

20 E.

6th.

Section _

_ _ 24

20 E.

6 th.

Section _

_ 26

20 E.

6th.

Section _ _

_ 28

20 E.

6th.

Section _

_ 30

20 E.

6th.

Section _ _

_ 32

20 E.

6th.

Section _ . _ ' _

_ 34

20 E.

6th.

Section _ _ _

_ 36

20 E.

6th.

Section _ _ _

_ 8

21 E.

6th.

Section _ _ _ _

_ 10

21 E.

6th.

Section . _ _

_ 12

21 E.

6th.

Section _

_ 13

21 E.

6th.

Section . . _ _

_ 15

21 E.

6th.

Section _ _ _ _ _ _ _

_ 17

21 E.

6th.

Section _

_ 19

21 E.

6th.

Section _ ■ _ _ _

-- _ 21

21 E.

6th.

Section _

_ 23

21 E.

6th.

Section _

_ 25

21 E.

6th.

Section _

_ 27

21 E.

6th.

Section _ _

_ 29

21 E.

6th.

Section _

_ 31

21 E.

6th.

Section _ .

_ 33

21 E.

6th.

Section _

. . 35

21 E.

6th.

Section _ _

_ 7

22 E.

6th.

Section _ _ _

_ 9

22' E.

6 th.

Section _ _

_ 11

22 E.

6th.

Section _

. . 13

22 E.

6th.

Section _ _ .

_ _ 15

22 E.

6th.

Section _ _

_ 17

22 E.

6th.

Section _

_ 19

22 E.

6th.

Section _

_ 21

22 E.

6th.

Section _ _

_ _ 23

22 E.

6th.

Section _ _ _ _

_ 25

22 E.

6th.

Section _ _ _

_ 27

21 E.

6th.

Section _

_ 29

22 E.

6th.

Section _

_ 31

22 E.

6th.

Section _ _

_ 33

22 E.

6th.

Section _ _ _ _ _

_ 35

22 E.

6th.

Section _ _

_ 7

23 E.

6 th.

Section _ _ _

_ 9

23 E.

6th.

Section _ _

_ 11

23 E.

6th.

Section ... _ _

_ 19

23 E.

6th.

South half _ _

_ 1

17 E.

6th.

South half _ _ _ _

_ 12

17 E.

6th.

North half _

_ 13

17 E.

6th.

South half _

_ 24

17 E.

6th.

South half _ _ _

_ 2

18 E.

6th.

South half _

_ 4

18 E.

6th.

East half . . .

_ 6

18 E.

6th.

East half _

. . 7

18 E.

6th.

Section _ _ _

_ 8

18 E.

6th.

Section _ _ _

_ 10

18 E.

6th.

Section _

_ 12

18 E.

6th.

Section _ _ _

_ 14

18 E.

6th.

TREATY WITH THE DELAWARES, 1861.

623

Description. Section. Township. Range. Meridian.

W est half _

- 15

18 E.

6th.

East half _

- 17

18 E.

6th.

East half _

- 18

18 E.

6th.

West half _

- 20

18 E.

6th.

East half _ _

- 22

18 E.

6th.

West half _

- 23

18 E.

6th.

West half _ .

_ : _ 24

18 E.

6th.

East half _

_ 25

18 E.

6th.

South half _ _ . . .

_ 1

19 E.

6th.

South half _

- 3

.11

19 E.

6th.

South half _

- 5

19 E.

6th.

East half _

- 7

19 E.

6th.

Section _

_ 9

19 E.

6th.

Section _ _

_ 11

19 E.

6th.

Section _

_ 13

19 E.

6th.

Section _ _ _

_ 15

19 E.

6th.

Section _

_ 17

19 E.

6th.

East half _

_ 18

19 E.

6th.

East half _

_ 19

19 E.

6th.

Section _

. . . 21

19 E.

6th.

Section _ _

_ _ 23

19 E.

6th.

Section _ _

_ 25

19 E.

6th.

East half _

_ 24

19 E.

6th.

Section _

_ 27

19 E.

6th.

Section _

_ 29

19 E.

6th.

East half _

_ 30

19 E.

6th.

East half _

_ 33

19 E.

6th.

West half _

_ 34

19 E.

6th.

North half _

_ 35

19 E.

6 th.

Section _ _ _

_ 36

19 E.

6th.

South half _

_ 1

20 E. .

6th.

South half _

_ 2

20 E.

6th.

South half _

_ 3

20 E.

6th.

South half _

_ 4

20 E.

6th.

East half _ -

_ 7

20 E.

6th.

South half _

_ 8

20 E.

6th.

South half _

_ 9

20 E.

6 th.

N. W. quarter _ -

_ 13

20 E.

6th.

S. W. quarter _

North half _ _ _

_ 15

_ 17

20 E.
20 E.

6th.

East half _

_ 18

20 E.

6th.

East half _ _

_ 19

20 E.

6th.

North half _

_ 20

20 E.

6th.

West half _

_ 21

20 E.

6th.

East half _

_ 22

20 E.

6th.

South half _

_ 23

20 E.

6th.

South half _

_ 24

20 E.

6th.

Section _ - -

_ 25

20 E.

6th.

South half _

_ 26

20 E.

6th.

East half _ _

_ 27

20 E.

6th.

East half _

_ 33

20 E.

6th.

Section _ _

_ 34

20 E.

6th.

Section _

_ 36

20 E.

6th.

South half _

_ 1

21 E.

6th.

South half _ _

. . 3

21 E.

6th.

South half _

. . . 5

21 E.

6th.

East half _ _

. . 7

21 E.

6th.

Section _

_ 8

21 E.

6 th.

Section - - - -

_ 10

21 E.

6th.

List of lands.

624

TREATY WITH THE DELAWARES, 1861.

List of lands.

Description.

Section.

Township

Range.

Meridia .

Section _ .

_ 12

21 E.

6 th.

South half _ _

_ 13

21 E.

6th.

Section _

_ 11

21 E.

6th.

West half _

_ 15

21 E.

6th.

Section,. _ _

_ 17

21 E.

6th.

East half _ _ _

_ 18

21 E.

6th.

East half _

_ 19

21 E.

6th.

East half _

_ 20

21 E.

6th.

West half _ .

_ 21

21 E.

6th.

Section _ _ _ _ _

_ _ 22

21 E.

6th.

South half _

_ 27

21 E.

6th.

Section _ _ __

_ 28

21 E.

6th.

West half _

_ 29

21 E.

6th.

East half _

_ 30

21 E.

6th.

East half _

_ 31

21 E.

6th.

Section _

_ 32

21 E.

6th.

Section _

_ 34

21 E.

6th.

Section _ _

_ 3

22 E.

6th.

Section _

_ 5

22 E.

6th.

East half _ _

_ 7

22 E.

6th.

W est half _

_ 8

22 E.

6th.

Section _ _

_ 9

22 E.

6th.

Section _ _

_ 15

22 E.

6th.

Section _

_ 17

22 E.

6th.

East half _ _

_ 18

22 E.

6th.

Section _ _ _ _

_ 1

19 E.

6th.

East half _ _

_ 2

19 E.

6th.

South half _ _

_ 12

19 E.

6th.

N. E. quarter _ _

_ 13

19 E.

6th.

Section _ _ _

_ 1

20 E.

6th.

Section _ _

_ 3

20 E.

6th.

Section _ _

_ 5

20 E.

6th.

East half _

_ 6

20 E.

6th.

East half _ _ _

_ 7

20 E.

6th.

Section _ _ _

_ 9

20 E.

6th.

Section . _ _

_ 11

20 E.

6th.

Section _ _

_ 12

20 E.

6th.

Section-. _

_ 14

20 E.

6th.

East half _

_ 15

20 E.

6th.

East half _

_ 18

20 E.

6th.

East half _

_ 19

20 E.

6th.

Section _ _ _

_ 21

20 E.

6th.

North half _

_ 29

20 E.

6th.

S. E. quarter _ _ _

_ 21

20 E.

6th.

Section _

_ 16

20 E.

6th.

156i sections, or 100,000 acres.

And immediately on such failure, the United States may take posses-
sion of and sell said lands for the exclusive benefit of said Delaware
Indians.

And in case said company shall forfeit the one hundred thousand
(100,000) acres above described, it shall thereupon also forfeit all its
right and title to all the lands purchased by it from said Indians, not
earned and patented at the date of such forfeiture,
company entitled to And said company further agree that, on the completion of the first
patent- section of said road, it shall only be entitled to a patent for one-half

of the lands not pledged for the payment of said bonds; and on the
completion of said second section it shall have a patent for only the

TREATY WITH THE DELAWARES, 1861.

625

remaining half ; and that no patent shall issue to it for any of the lands
so pledged, until after said bonds and the interest warrants attached
shall all and every part of them have been fully and promptly paid
and cancelled.

In witness whereof, the said Leavenworth, Pawnee, and Western
Railroad Company, by Thomas Ewing, jr. , their agent aforesaid, have
executed this instrument and attached thereto the seal of said com¬
pany, this 2d day of July, 1861.

The Leavenworth, Pawnee, and Western Railroad Company, by their
agent,

[seal.] Thomas Ewing, Jr.

State of Kansas, Leavenworth County , ss:

On this second day of July, A. D. 1861, before me, the undersigned Acknowledgment,
authority, a notary public in and for the county aforesaid, in the State
aforesaid, personally came Thomas Ewing, jr., agent of the Leaven¬
worth, Pawnee, and Western Railroad Company, to me personally
known to be the identical person who signed the foregoing instrument
of writing-, and whose name is thereto affixed as grantor, and he
acknowledged the same to be his own voluntary act and deed.

Witness my hand and notarial seal, this 2d day of July, A. D. 1861.

[seal.] W. S. Van Doren,

Notary Public , Leavenworth County , Kansas.

At a called meeting of the board of directors of the Leavenworth,
Pawnee, and Western Railway Company, on Monday, July 1st, 1861,
at the office of A. J. Isacks, in Leavenworth City, Kansas, was pres¬
ent Jas. C. Stone, Amos Rees, Thomas Ewing, jr., and Thomas S.
Gladding.

Resolved , That Thomas Ewing, jr., be authorized and directed, as
agent of the company, to make, execute, and deliver to Archibald
Williams, as agent of the United States, the bonds and interest- war¬
rants of the company for $286,742TVo? payable in ten years from their
date, with 6 per cent, interest, payable annually, payable to the Com¬
missioner of Indian Affairs, or bearer, at the office of the assistant
treasurer of the United States in the city of New York; and also to
make and execute to the United States, and cause to be recorded and
delivered to said Williams, as such agent, a mortgage of the company
on the one hundred thousand acres of Delaware Indian lands, described
in the letter of the Commissioner of Indian Affairs to the Secretary of
the Interior, on May 29th, 1861; such mortgage to contain all the con¬
ditions prescribed in the paper signed by the President of the United
States, of June 10th, 1861, the terms of "which are hereby accepted by

the company.

I hereby certify that at a meeting of the board of directors of the
Leavenworth, Pawnee, and Western Railroad Company, held at the
office of A. J. Isacks, in the city of Leavenworth, in the State of Kan¬
sas, on the 1st day of July, 1861, the foregoing proceedings were had
and recorded on the journal of the company; and that the same is a
true and correct transcript of the same from the journal of said com-
pany.

In testimony whereof I hereunto sign my name and affix the official
seal of the company.

[seal. | Thos. S. Gladding,

Secretary L. P. <& W. R. R. Co.

Authority of agent
of road to make con¬
veyance.

s. Doc. 452 - 40

626

TREATY WITH THE DELAWARES, 1861.

Railroad company
to execute bonds and
mortgage.

Whereas, by the treaty of Sarcoxieville, amended by the United
States Senate, and finally ratified by the President of the United States
on the 22d day of August, 1860, a principal object of both parties was
the construction of a certain contemplated railroad therein named; and
to that end the Leavenworth, Pawnee, and Western Railroad Company
were to pay into the United States Treasury, in gold or silver coin, a
sum of money, afterwards ascertained to be $286,742.15, as the
appraised value of certain lands in Kansas belonging to the Delaware
tribe of Indians; which sum of money, after expending a sufficient
part of it to enable the Indians to commence agricultural pursuits under
favorable circumstances, was to be, by the President, for said Indians,
invested in safe and profitable stocks: and

Whereas the said railroad company is not able to pay said sum of
money within time, according to said treaty; and

Whereas the President is of opinion that it is not for the interest of
either party that said object of the treaty shall fail, but not knowing
what would be the desire of said Indians on this point, nor knowing
whether any part of said sum would be needed to enable the Indians to
commence agricultural pursuits under favorable circumstances, but
supposing it probable that no part of it would be so needed, as said
Indians now have over fifty thousand dollars lying idle in the United
States Treasury: Therefore —

It is directed by the President that said Railroad Company may exe¬
cute their bonds, with interest- warrants or coupons attached, according
to the forms hereto annexed, the principal of which bonds shall amount
to the aggregate sum of $286,742.15, and deposit the same with Archi¬
bald Williams, of Kansas, hereby appointed to receive and receipt for
the same, to be by him transmitted to the Commissioner of Indian
Affairs for the use of said Indians; and also shall, in due and proper
form, execute a mortgage upon one hundred thousand acres of the
land contemplated in and by said treaty to aid in the construction of
said railroad, the said one hundred thousand acres to be the lands des¬
ignated in the letter of the Commissioner of Indian Affairs to the Sec¬
retary of the Interior, dated May^ 29, 1861; said mortgage to be
conditioned for the full payment of said bonds, both as to interest
and principal, and that on any failure to pay either when due all right
and interest of said railroad company in and to said mortgaged land,
and also to all such of said land not mortgaged as shall not at that time
be earned and patented according to said treaty, shall be forfeited, and
said land again become the absolute property of the United States in
trust for said Indians; and said mortgaged lands to be in no event pat¬
ented to said until said bonds, principal and interest, shall be fully
paid. And upon said bonds being so made and deposited, and said
mortgage being so executed and duly recorded in Leavenworth County,
Kansas, all matters, so far as not necessarily varied by this arrange¬
ment, shall proceed in conformity to said treaty, as if the money had
been paid by said railroad company and had been invested by the
President in said railroad bonds: Provided always , That this arrange¬
ment shall be of no effect until Archibald Williams, judge of the United
States court for the district of Kansas, shall have endorsed a certificate
upon this paper that he has carefully examined the same, and also the
bonds and mortgage offered in compliance with its provisions, and has
found that bonds and mortgage do in fact comply with and fulfil said
provisions; and also that he has had before him the chiefs and head¬
men named in said treaty, as John Connor, Sar-cox-ie, Ne-con-he-con.
and Rock-a-to-wha, and has fully explained to them the nature and
effect of this departure from the terms of said treaty, and that they
freely assented to the same.

Abraham Lincoln.

June 10, 1861.

TREATY WITH THE DELAWARES, 1861. 627

Form of Bond.

$10,000. No. 1.

Know all men by these presents: That the Leavenworth, Pawnee, Formof bond-
and Western Railroad Company is held and bound to the United States,
as trustee for the Delaware tribe of Indians, in the sum of ten thousand
dollars, to be paid to the Commissioner of Indian Affairs, or bearer, at
the office of the assistant treasurer of the United States, in the city of
New York, in ten years from the date hereof, on the surrender of this
bond, with interest on said sum from the same date, at six per cent,
per annum, payable annually at the same office, on the surrender, as
they severally fall due, of the annexed interest-warrants. This bond
being one of twenty-nine bonds for sums amounting in the aggregate
to $290,560, the payment of which, with the interest- warrants attached,
is secured by mortgage of even date herewith on one hundred thou¬
sand acres of the land acquired by said company, under the conditions
and provisions of the treaty between the United States and the Dela¬
ware tribe of Indians of May 30, 1860.

In witness whereof the Leavenworth, Pawnee, and Western Railroad
Company, by Thomas Ewing, jr., their agent, have signed this obliga¬
tion, and have attached thereto their corporate seal this 14th day of
May, 1861.

The Leavenworth, Pawnee, and Western Railroad Company by
[seal.] Thomas Ewing, Jr.,

Their Agent.

Form of Warrant.

The Leavenworth, Pawnee, and W estern Railroad Company promises of warrant,
to pay to the Commissioner of Indian Affairs of the United States or
bearer, on the 14th day of May, 1862, at the office of the assistant
treasurer of the United States, in the city of New York, six hundred
dollars, interest due that day on their bond No. 1.

The Leavenworth, Pawnee, and Western Railroad Company, by

Thomas Ewing, Jr.,

Their Agent.

Office of Register of Deeds,

County of Leavenworth, State of Kamsas, ss:

I, W. S. Van Doren, register of deeds within and for the county
aforesaid, do hereby certify that the within and foregoing instruments
of writing were received by me for record this second day of July,
A. D. 1861, at 3i o’clock p. m., and that the same are duly recorded
in Book P, for recording mortgages, at page 230, &c.

In testimony whereof I have hereunto set my hand and official seal
of office, the day and year aforesaid.

[seal.] W. S. Van Doren,

Certificate of regis¬
ter of deeds.

I, Archibald Williams, judge of the United States court for the ^o^udge of district
district of Kansas, do hereby certify that I have carefully examined
the within paper signed by the President of the United [States,] and
have also examined and approved the bonds and mortgage offered by
the Leavenworth, Pawnee, and Western Railroad Company in compli¬
ance with its provisions, and have accepted said bonds and mortgage,
and receipted to said company for the same, as agent of the United
States, and caused said mortgage to be duly recorded in the office of
the recorder of deeds for Leavenworth County, Kansas.

628

TREATY WITH THE POTAWATOMI, 1861.

Provisos, added by
resolution of Senate,
Aug. 6, 1861, ratifying
said treaty.

Provisos accepted
by said chiefs. Sept. 2,

Nov. 15, 1861.

12 Stats., 1191.
Ratified Apr. 15, 1862.
Proclamation Apr.
19, 1862.

Potawatomi res¬
ervation in Kansas to
be disposed of.

To be surveyed.

Reservation to be
set apart in severalty.

And I do further certify, that I have had before me the chiefs and
head-men therein named, as John Connor, Sar-cox-ie, and Ne-con-he-
con, and also James Connor, who was the delegate at large of said
tribe, in making the treaty of 1860, and read to them the said paper
signed by the President, and fully explained to them the nature and
effect of the proposition set forth in said paper; and that, after they
had fully discussed the proposition, John Connor, in English, and
James Connor, Sar-cox-ie, and Ne-con-he-con, through the said John
Connor and other interpreters, declared that they understood it thor¬
oughly, and each freely assented to the same; and that evidence has
been presented to me by J ohn Connor and other chiefs of said tribe,
by which 1 am satisfied that Kock-a-to-wha died several months ago,
and that no chief has been appointed in his place.

This treaty shall not be held to apply to any lands not heretofore
surveyed and appraised, and not included within the limits of said
reserve, nor any lands included in any fort or reservation for military
purposes:

If twenty-five miles of said railroad, from Leavenworth City west-
wardly, is not completed and equipped within five years from the
ratification hereof, said company shall thereupon forfeit all right, title,
and interest, legal and equitable, in and to all and every part of said
lands; and if the remaining section to the western boundary of the
said reserve be not completed and equipped within three years from
the date fixed for the completion of said first section, said company
shall thereupon forfeit all right, title, and interest, legal and equitable,
in and to all of said lands not theretofore earned and patented.

In the event of a failure of the said railroad company to pay the
annual interest accruing upon the bonds, secured as above, within
thirty days after the same falls due at the end of any year, then and
in such case the contract included in this treaty shall be rescinded, and
shall be of no binding efficacy upon either party thereto.

No part of said lands shall be patented to said railroad company
until the money -price for such part shall have been fully paid therefor.

TREATY WITH THE POTAWATOMI, 1861.

Articles of a treaty made and concluded at the agency on the Kansas
River , on the fifteenth day of November, in the yew of our Lord one
thousand eight hundred and sixty-one , by and between Wm. W. Ross ,
commissioner on the part of the United States , and the undersigned
chiefs , braves , and head-men of the Pottawatomie Nation , onbehadf of
said nation .

Article 1. The Pottawatomie tribe of Indians believing that it will
contribute to the civilization of their people to dispose of a portion of
their present reservation in Kansas, consisting of five hundred and
seventy-six thousand acres, which was acquired by them for the sum
of $87,000, by the fourth article of the treaty between the United
States and the said Pottawatomies, proclaimed by the President of the
United States on the 23d day of July, 1846, and to allot lands in sev¬
eralty to those of said tribe who have adopted the customs of the
whites and desire to have separate tracts assigned to them, and to assign
a portion of said reserve to those of the tribe who prefer to hold their
lands in common: it is therefore agreed by the parties hereto that
the Commissioner of Indian Affairs shall cause the whole of said reser¬
vation to be surveyed in the same manner as the public lands are sur¬
veyed, the expense whereof shall be paid out of the sales of lands
hereinafter provided for, and the quantity of land hereinafter provided

TREATY WITH THE POTAWATOMI, 1861.

629

to be set apart to those of the tribe who desire to take their lands in
severalty, and the quantity hereinafter provided to be set apart for the
rest of the tribe in common; and the remainder of the land, after the Remainder,
special reservations hereinafter provided for shall have been made, to
be sold for the benefit of said tribe.

Article 2. It shall be the duty of the agent of the United States census of the tribe,
for said tribe to take an accurate census of all the members of the tribe, to be taken'
and to classify them in separate lists, showing the names, ages, and
numbers of those desiring lands in severalty, and of those desiring
lands in common, designating chiefs and head-men, respectively; each
adult choosing for himself or herself, and each head of a family for the
minor children of such family, and the agent for orphans and persons
of an unsound mind. And thereupon there shall be assigned, under Assignmentsofiand.
the direction of the Commissioner of Indian Affairs, to each chief at
the signing of the treaty, one section; to each head-man, one half sec¬
tion; to each other head of a family, one quarter section; and to each
other person eighty acres of land, to include, in every case, as far as
practicable, to each family, their improvements and a reasonable por¬
tion of timber, to be selected according to the legal subdivision of sur¬
veys When such assignments shall have been completed, certificates certificates to issue,
shall be issued by the Commissioner of Indian Affairs for the tracts
assigned in severalty, specifying the names of the individuals to whom
they have been assigned, respectively, and that said tracts are set apart
for the perpetual and exclusive use and benefit of such assignees and
their heirs. Until otherwise provided by law, such tracts shall be
exempt from levy, taxation, or sale, and shall be alienable in fee or ^Exemption from
leased or otherwise disposed of only to the United States, or to persons evy’ e c'
then being members of the Pottawatomie tribe and of Indian blood,
with the permission of the President, and under such regulations as
the Secretary of the Interior shall provide, except as may be herein¬
after provided. And on receipt of such certificates, the person to Receipts of certifi-
whom they are issued shall be deemed to have relinquished all right to catestobereiinquish-
any portion of the lands assigned to others in severalty , or to a portion
of the tribe in common, and to the proceeds of sale of the same when¬
soever made.

Article 3. At any time hereafter when the President of the United eaJJe PresMent^may
States shall have become satisfied that any adults, being males and granted in fee to cer-
heads of families, who may be allottees under the provisions of the tain male adults-
foregoing, article, are sufficiently intelligent and prudent to control
their affairs and interests, he may, at the request of such persons, cause
the lands severally held by them to be conveyed to them by patent in
fee-simple, with power of alienation; and may, at the same time, cause And payments to be
to be paid to them, in cash or in the bonds of the United States, their made-
proportion of the cash value of the credits of the tribe, principal and
interest, then held in trust by the United States, and also, as the same
may be received, their proportion of the proceeds of the sale of lands
under the provisions of this treaty. And on such patents being issued
and such payments ordered to be made by the President, such compe¬
tent persons shall cease to be members of said tribe, and shall become tobe^

citizens of the United States; and thereafter the lands so patented to cease to be members
them shall be subject to levy, taxation, and sale, in like manner with of tribe-
the property of other citizens: Provided , That, before making any such
application to the President, they shall appear in open court in the
district court of the United States for the district of Kansas, and make
the same proof and take the same oath of allegiance as is provided by Totekeoathof aiie-
law for the naturalization of aliens, and shall also make proof to the
satisfaction of said court that they are sufficiently intelligent and pru¬
dent to control their affairs and interests, that they have adopted the
habits of civilized life, and have been able to support, for at least five
years, themselves and families.

680

TREATY WITH THE POTAWATOMI, 1861.

Undivided quanti¬
ties to be set out to
those, etc.

The Leavenworth,
Pawnee and Western
Railroad may pur¬
chase certain land.

Price.

Terms of purchase.

Article 4. To those members of said tribe who desire to hold their
lands in common there shall be set apart an undivided quantity suffi¬
cient to allow one section to each chief, one half section to each head¬
man, and one hundred and sixty acres to each other head of a family,
and eighty acres of land to each other person, and said land shall be
held by that portion of the tribe for whom it is set apart by the same
tenure as the whole reserve has been held by all of said tribe under
the treaty of one thousand eight hundred and forty-six. And upon
such land being assigned in common, the persons to whom it is assigned
shall be held to have relinquished all title to the lands assigned in sev¬
eralty and in the proceeds of sales thereof whenever made.

Article 5. The Pottawatomies believing that the construction of
the Leavenworth, Pawnee, and Western Railroad from Leavenworth
City to the western boundary of the former reserve of the Delawares,
is now rendered reasonably certain, and being desirous to have said
railroad extended through their reserve in the direction of Fort Riley,
so that the value of the lands retained by them may be enhanced, and
the means afforded them of getting the surplus product of their farms
to market, it is provided that the Leavenworth, Pawnee, and W estern
Railroad Company shall have the privilege of buying the remainder
of their lands within six months after the tracts herein otherwise dis¬
posed of shall have been selected and set apart, provided they purchase
the whole of said surplus lands at the rate of one dollar and twenty-
five cents per acre.

And if said company make such purchase it shall be subject to the
considerations following, to wit: They shall construct and fully equip
a good and efficient railroad from Leavenworth City to a point half
way between the western boundary of the said former Delaware reserve
and the western boundary of the said Pottawatomie reserve, (being the
first section of said road,) within six years from the date of such pur¬
chase, and shall construct and fully equip such road from said last-
named point to the western boundary of said Pottawatomie reserve,
(being the second section of said road,) within three years from the
date fixed for the completion of said first section; and no patent or
patents shall issue to said company or its assigns for any of said lands
purchased until the first section of said railroad shall have been com¬
pleted and equipped, and then for not more than half of said lands,
and no patent or patents shall issue to said company or its assigns for
any of the remaining portion of said lands until said second section of
said railroad shall have been completed and equipped as aforesaid; and
before any patents shall issue for any part of said lands payment shall
be made for the lands to be patented at the rate of one dollar and
twenty-five cents per acre; and said company shall pay the whole
amount of the purchase-money for said lands in gold or silver coin, to
the Secretary of the Interior of the United States, in trust for said
Pottawatomie Indians, within nine years from the date of such pur¬
chase, and shall also in like manner pay to the Secretary of the Interior
of the United States, in trust as aforesaid, each and every year, until
the whole purchase-money shall have been paid, interest from date of
purchase, at six per cent, per annum, on all the purchase-money
remaining unpaid.

And if said company shall fail to complete either section of such rail¬
road in a good and efficient manner, or shall fail to pay the whole of
the purchase-money for said land within the times above prescribed,
or shall fail to pay all or any part of the interest upon said purchase-
money each year as aforesaid within thirty days from the date when
such payment of interest shall fall due, then the contract or purchase
shall be deemed and held absolutely null and void, and shall cease to
be binding on either of the parties thereto, and said company and its
assigns shall forfeit all payments of principal and interest made on

TREATY WITH THE POTAWATOMI, 1861.

631

such purchase, and all right and title, legal and equitable, of any kind
whatsoever, in and to all and every part of said lands which shall not
have been before the date of such forfeiture earned and patented
pursuant to the provisions of this treaty.

And whenever any patent shall issue to said railroad company for
any part of said lands, it shall contain the condition that the said
company shall sell the land described in such patent, except so much
as shall be necessary for the working of the road, within five years
from the issuing of such patent.

And said company shall have the perpetual right of way over the
lands of the Pottawatomies not sold to it for the construction and
operation of said railroad, not exceeding one hundred feet in width,
and the right to enter on said lands and take and use such gravel,
stone, earth, water, and other material, except timber, as may be
necessary for the construction and operation of said road, making
compensation for any damages to improvements done in obtaining
such material, and for any damages arising from the location or run¬
ning of said road to improvements made before the road is located.
Such damages and compensation, in cases where said company and the
persons whose improvements are injured or property taken cannot
agree, to be ascertained and adjusted under the direction of the Com¬
missioner of Indian Affairs. And in case said company shall not
promptly pay the amount of such damages and compensation, the
Secretary of the Interior may withhold patents for any part of the
lands purchased by them until payment be made of the amount of
such damages, with six per cent, interest thereon from the date when
the same shall have been ascertained and demanded.

And in case said company shall not purchase said surplus lands, or,
having purchased, shall forfeit the whole or any part thereof, the
Secretary of the Interior shall thereupon cause the same to be
appraised at not less than one dollar and twenty -five cents -per acre,
and shall sell the same, in quantities not exceeding one hundred and
sixty acres, at auction to the highest bidder for cash, at not less than
such appraised value.

Article 6. There shall be selected by the Commissioner of Indian
Affairs three hundred and twenty acres of land, including the church,
school-houses, and fields of the St. Mary’s Catholic Mission, but not
including the buildings and enclosures occupied and used by persons
other than those connected with the mission, without the consent of
such persons, which shall be conveyed by the Secretary of the Interior to
John F. Diel, John Summaker, and M. Gerillain, as trustees for the use
of the society under whose patronage and control the church and school
have been conducted within the last fourteen years; on condition, how¬
ever, that, so long as the Pottawatomie Nation shall continue to occupy
its present reservation, or any portion thereof, the said land shall be used
and its products devoted exclusively to the maintenance of a school
and church for their benefit. And there shall be reserved and con¬
veyed in like manner, and upon like conditions, three hundred and
twenty acres of land, including the Baptist Mission buildings and
enclosures, such conveyances to be made to such persons as may be
designated by the Baptist Board of Missions.

Article 7. By article eight of the treaty of June 5th, 1846, between
the Unitea States and the Pottawatomie Indians, it is stipulated “that
the annual interest of their improvement fund shall be paid out
promptly and fully for their benefit at their new homes. If, however,
at any time thereafter, the President of the United States shall be of
opinion that it would be advantageous to the Pottawatomie Nation,
and they should request the same to be done, to pay them the interest
of said money in lieu of the employment of persons, or the purchase
of implements or machines, he is hereby authorized to pay the same, or
any part thereof, in moneys as their annuities are paid, at the time of
the general payment of annuities.”

Patents to contain
condition.

Right of way.

Damages.

In case the railroad
company shall forfeit
any lands, etc.

Conveyance of land
to John F. Diel, John
Summaker, and M.
Gerillain, in trust for
school and church
purposes for Catholic
mission.

Condition.

Reservation for Bap¬
tist mission.

Annual interest of
improvement fund.

632

TREATY WITH KANSAS INDIANS, 1862.

How hereafter to be
paid.

Provision if any
bands desire to re¬
move.

Former claims to
hold good.

Agricultural pur-
pose''

When articles of
treaty to take effect.

Mar. 13, 1862,

12 Stats., 1221.

Ratified, with
amendment, Feb. 6,
1863.

Amendment as¬
sented to Feb. 26, 1863.

Proclaimed Mar. 16,
1863.

Former treaty.

Contracting parties.

The value of im¬
provements by cer¬
tain settlers to be as¬
certained and certifi¬
cates of indebtedness
issued therefor.

It is hereby agreed that the interest arising from said improvement-
fund shall, in all cases hereafter, be paid in such machines and imple¬
ments as will be useful to the people in their agricultural pursuits, as
long as the nation shall desire it to be done, except that the shops and
mechanics and physicians, now sustained by the funds of the nation,
shall continue to be maintained, as at this time, for one year after this
treaty shall have been ratified.

Article 8. If at any time hereafter any band or bands of the Pot¬
tawatomie Nation shall desire to remove from the homes provided for
them in this treaty, it shall be the duty of the Secretary of the Interior
to have their proportionate part of the lands which may be assigned
to the tribe appraised and sold, and invest such portion of the pro¬
ceeds thereof as may be necessary in the purchase of a new home for
such band or bands, leaving the remainder, should any remain after
paying the expense of their removal, to be invested in six per cent,
bonds of the United States, for the benefit of such band or bands.
Such band or bands so removed shall continue to receive their propor¬
tion of the annuities of the tribe.

Article 9. No provision of this treaty shall be so construed as to
invalidate any claim heretofore preferred by the Pottawatomies against
the United States arising out of previous treaties.

Article 10. It is hereby agreed that the Commissioner of Indian
Affairs shall set apart, for the benefit of said allottees, their equal pro
rata share of the improvement-fund of the tribe, which sum so set
apart may be expended, in whole or in part, by the said Commissioner,
and under his direction, for agricultural purposes, as he shall from
time to time deem expedient and for the welfare of the said Indians.

Article 11. Should the Senate reject or amend any of the above
articles, such rejection or amendment shall not affect the other pro¬
visions of this treaty, but the same shall go into effect when ratified
by the Senate and approved by the President.

TREATY WITH KANSAS INDIANS, 1862.

Whereas a treaty was made and concluded at the Kansas agency,
in the then Territory, but now State, of Kansas, on the fifth day of
October, A. D. 1859, by and between Alfred B. Greenwood, commis¬
sioner on the part of the United States, and the chiefs and head-men
representing the Kansas tribe of Indians, and authorized by said tribe
for that purpose; which treaty, after having been submitted to the
Senate of the United States for its constitutional action thereon, was
duly accepted, ratified, and confirmed by the President of the United
States, on the seventeenth day of November, A. D. 1860, with an
amendment to the fourth article thereof, which amendment, first pro¬
posed and made by the Senate on the twenty-seventh day of June,
A. D. 1860, was afterwards agreed to and ratified by the aforesaid
chiefs and head-men of the Kansas tribe of Indians on the fourth day
of October of the same year:

Now, therefore, it is further agreed and concluded on this thirteenth
day of March, A. D. 1862, by and between H. W. Farnsworth, a com¬
missioner on the part of the United States, and the said Kansas tribe
of Indians, by their authorized representatives, the chiefs and head¬
men thereof, to wit:

Article 1. That the said treaty and the amendment thereof be
further amended so as to provide that a fair and reasonable value of
the improvements made b}r persons who settled on the diminished
reserve of said Kansas Indians between the second day of December,
A. D. 1856, and the fifth day of October, A. D. 1859, shall be ascer¬
tained by the Secretary of the Interior, and certificates of indebtedness

TREATY WITH OTTAWA, ETC., 1862.

633

by said tribe shall be issued by him to each of such persons for an
amount equal to the appraisement of his or her improvements, as
aforesaid, not exceeding in the aggregate the sum of fifteen thousand
dollars; and that like certificates shall be issued to the class of per¬
sons who settled on said diminished reservation prior to the second
day of December, A. D. 1856, for the amounts of the respective claims
as provided for and ascertained under the provisions of the amend¬
ment of said treaty , not exceeding in the aggregate the sum of fourteen
thousand four hundred and twenty-one dollars; and that like certifi¬
cates be issued to the owners of the same for the amounts of claims
which have been examined and approved by the agent and superin¬
tendent, and revised and confirmed by the Secretary of the Interior,
under the provisions of the 5th article of said treaty, not exceeding in
the aggregate the sum of thirty-six thousand three hundred and ninety-
four dollars and forty-seven cents, and that all such certificates shall
be receivable as cash, to the amount for which they may be issued,
in payment for lands purchased or entered on that part of the first
assigned reservation outside of said diminished reservation.

Article 2. The Kansas tribe of Indians, being desirous of making toHThomasio^ °Huffa-
a suitable expression bf the obligations the said tribe are under to ker. ' a

Thomas S. Huffaker, for the many services rendered by said Huffaker
as missionar}T, teacher, and friendly counsellor of said tribe of Indians,
hereby authorize and request the Secretary of the Interior to convey
to the said Thomas S. Huffaker the half-section of land on which he
has resided and improved and cultivated since the year A. D. 1851, it
being the south half of section eleven, (11,) in township numbered six¬
teen (16) south, range numbered eight (8) east, of the sixth principal
meridian, Kansas, on the payment by said Huffaker of the appraised
value of said lands, at a rate not less than one dollar and seventy-five
cents per acre.

TREATY WITH OTTAWA OF BLANCHARD’S FORK AND ROCHE
DE BCEUF, 1862.

Articles of agreement and convention , made and concluded at Wash- _ June 24, 1862 •

ington City , on the twenty -fourth day of June, eighteen hundred Ratified’ 1237 w i t h
and sixty-two , by and between William P. Dole , commissioner , on amendment, July 16,
the fart of the United States , and the following -named chief and Amendment ac-
councilmen of the Ottawa Indians of the united bands of Blanchard? s ce^rociamItiJn,1 juiy
Fork and of Roche de Bceuf now in Franklin County , Kansas , viz: 28, 1862.
Pem-ach-wung , chief; John T. Jones , William Harr, and James
Wind , council/men , they being thereto duly authorized by said tribe.

Article 1. The Ottawa Indians of the united bands of Blanchard’s diam t^bSoZfciti-
Fork and of Roche de Bceuf, having become sufficiently advanced in zens of the united
civilization, and being desirous of becoming citizens of the United feaesm Yeyears-
States, it is hereby agreed and stipulated that their organization, and
their relations with the United States as an Indian tribe shall be dis¬
solved and terminated at the expiration of five years from the ratifica¬
tion of this treaty; and from and after that time the said Ottawas, and
each and every one of them, shall be deemed and declared to be citi¬
zens of the United States, to all intents and purposes, and shall be
entitled to all the rights, privileges, and immunities qf such citizens,
and shall, in all respects, be subject to the laws of the United States,
and of the State or States thereof in which they may reside.

Article 2. It is hereby made the duty of the Secretary of the w^ebrIagSr0^feJtta-
Interior to cause a survey of the reservation of the said Ottawas to be
made as soon as practicable after the ratification of this treaty, divid¬
ing it into eighty-acre tracts, with marked stones set at each corner;

634

TREATY WITH OTTAWA, ETC., 1862.

Sections of land re¬
served to remunerate
chiefs, etc.

Patents to issue.

Heads of families to
receive 160 acres of
land; others to have
80 acres.

Annuities.

Debts.

Lands to be set
apart for endowing
a school.

Locating school.

No tax.

Management of
school lands.

and said Ottawas having already caused their reservation to be sur¬
veyed, and quarter-section stones set, it is hereby stipulated that such
survey shall be adopted, in so far as it shall be found correct.

Article 3. It being the wish of said tribe of Ottawas to remunerate
several of the chiefs, councilmen, and head-men of the tribe, for their
services to them many years without pay, it is hereby stipulated that
five sections of land is [are] reserved and set apart for that purpose,
to be apportioned among the said chiefs, councilmen, and head-men as
the members of the tribes shall in full council determine; and it shall
be the duty of the Secretaiy of the Interior to issue patents, in fee-
simple, of said lands, when located and apportioned, to said Indians.
In addition thereto, said last-named persons, and eacn and every head
of a family in said tribe, shall receive 160 acres of land, which shall
include his or her house and all improvements, so far as practicable;
and all other members of the tribe shall receive 80 acres of land each,
and all the locations for the heads of families, made in accordance with
this treaty, shall be made adjoining, and in as regular and compact
form as possible, and with due regard to the rights of each individual
and of the whole tribe.

Article 4. To enable said tribe to establish themselves more fully
in agriculture, and gradually to increase their preparations for assum¬
ing the responsibilities and duties of citizenship, it is stipulated that,
subject to the limitations hereinafter mentioned, the sum of eighteen
thousand ($18,000) dollars shall be paid to said tribe in the manner of
annuities, out of their moneys now in the hands of the United States,
in September, 1862, and subject to the limitations of this treaty.
There shall be paid to them in four equal annual payments thereafter,
as near as may be, all the moneys which the United States hold, or
may hold, in any wise for them, with accruing interest on all moneys
remaining with the United States.

Article 5. It being the desire of the tribe to pay all lawful and
just debts against them contracted since they were removed to Kansas,
it is agreed that such demands as the council of the tribe and the agent
shall approve, when confirmed by the Secretary of the Interior, may
be received in payment for the lands hereinafter provided to be sold,
or otherwise such debts shall be paid out of the funds of said Ottawas,
but in no case shall more than $15,000 be allowed and paid for such
debts.

Article 6. The Ottawas deeming this a favorable opportunity to
provide for the education of their posterity, and feeling that they are
able to do so by the co-operation of the United States, now, in pursu¬
ance^ this desire of the Ottawas, after the selections and allotments
herein provided have been made, there shall be set apart, under the
direction of the Secretary of the Interior, twenty thousand acres of
average lands for the purpose of endowing a school for the benefit of
said Ottawas; also one section of land, upon which said school shall be
located, which section of land shall be inalienable, and upon which, and
all the appurtenances and property for school purposes thereon, no tax
shall ever be laid by any authority whatever.

Five thousand acres of said land may be sold by the trustees herein¬
after named, the proceeds of which may be devoted to the erection of
proper buildings and improvements upon said section for reception of
the pupils; and the residue of the school-lands may, in like manner, be
sold from time to time, as full prices can be obtained for the same.
The money received therefor shall be loaned upon good real estate
security, to be improved farms in the county of the reservation, the
same not to be a security for more than half the appraised value of the
land as returned by the county assessor, and no land to be taken as
security for such loan or loans which shall be encumbered in any man¬
ner, or the title to which shall have been derived from or held by any
judicial, administrator, or executor’s sale, or by the sale of any person

TREATY WITH OTTAWA, ETC., 1862.

635

acting m a fiduciary capacity. The security shall never be avoided on
account of any rate of interest reserved, and the interest only shall be
applied to the support of the school, so that the principal sum shall
never be diminished.

And to the end that the Ottawas may derive the greatest advantage What t0 be tausht
from said school, the pupils shall be instructed and practiced in indus- inthe8ChooL
tiial pursuits suitable to their age and sex, as well as in such branches
ot learning as the means of the institution and the capacity of the
pupils will permit.

The lands hereby set apart shall not be subject to taxation until thev Lands not subject
are sold. They may be sold upon such credit as the trustees may t0 taxatIon untll> etc-
think most for the interest of the enterprise. Security for the pay¬
ment shall be taken with interest, the interest to be paid annually, but
no title shall be made until the purchase money is all paid.

John T. Jones, James Wind, William Hurr, Joseph King, who are Trustees to manage
Ottawas, and John G. Pratt, and two other citizens of Kansas, who theproperty-
shall be elected by the said Ottawa Indians, are, by the parties agreed,
to be trustees to manage the funds and property by this article set
apart. They and their successors shall have the control and manage¬
ment of the school, and the funds arising from the sales of lands set
apart therefor, and also the reserved section whereon the school is
situated. Upon the death, resignation, or refusal to act, by either of
them, the vacancy shall be filled by the survivors, provided that the
board of trustees shall always have three white citizens members of
said board.

A majority of the trustees shall form a quorum to transact business, Majority to form
but there shall be two of the white trustees present at the transaction quorum-
of business. All acts of the trustees shall be recorded in a book or Records,
books to be by them kept for that purpose, and the proceedings of
each meeting shall be signed by the president, to be by them elected
out of their number. They shall also elect a treasurer and secretary Treasurer and sec-
from their number. All contracts of the trustees shall be in the name recontracts.
of their treasurer, who shall be competent to sue and be sued in all
matters affecting the trust; he shall give bond conditioned for the Bond of treasurer,
faithful discharge of his duty, and the proper accounting for all money
or property of the trust coming to his hands, with at least two good
freehold sureties, in the penalty of ten thousand dollars, to be approved
by a judge of a court of record in Kansas.

And the secretary and treasurer may be allowed, from time to time, upon gsaies, the
such sum, from the proceeds of the trust, as the trustees in their patent t?purchasfrVe
judgment shall think just. Upon a sale of any of the lands by the
trustees, upon their request, the same shall be conveyed by the United
States, by patent, to the purchaser.

And it is hereby expressly provided and agreed that the children of the

the Ottawas and their descendants, no matter where they may emi- school eges 0 e
grate, shall have the right to enter said school and enjoy all the privi¬
leges thereof, the same as though they had remained upon the lands
by this treaty allotted.

Article T. There shall be set apart ten acres of land for the benefit theanot4waaPBat tlst
of the Ottawa Baptist church, and said land shall include the church church, ItT ap 18
buildings, mission-house, and graveyard, and the title to said prop¬
erty shall be vested in a board of five trustees, to be appointed by
said church, in accordance with the laws of the State of Kansas.

And in respect for the memory of Rev. J. Meeker, deceased, who ofCRel thje

labored with unselfish zeal for nearly twenty years among said Otta- Meeker,
was, greatly to their spiritual and temporal welfare, it is stipulated
that 80 acres of good land shall be, and hereby is, given, in fee-simple,
to each of the two children of said Meeker, viz, Emmeline and Eliza;
their lands to be selected and located as the other allotments herein
provided are to be selected and located, which lands shall be inalienable
to the same as the lands allotted to the Ottawas.

636

TREATY WITH OTTAWA, ETC., 1862.

Lands, howselected.
Plats and records.

Not alienable.

Census.

Money of minors.

After locations, etc.,
are made, the rest of
the land may be sold
to actual settlers.

Mode of sale.

And all the above-mentioned selections of lands shall be made by
the agent of the tribe, under the direction of the Secretary of the
Interior. And plats and records of all the selections and locations
shall be made, and upon their completion and approval proper pat¬
ents by the United States shall be issued to each individual member of
the tribe and person entitled for the lands selected and allotted to them,
in which it shall be stipulated that no Indian, except as herein pro¬
vided, to whom the same may be issued, shall alienate or encumber
the land allotted to him or her in any manner, until they shall, by the
terms of this treaty, become a citizen of the United States; and any
conveyance or encumbrance of said lands, done or suffered, except as
aforesaid, by any Ottawa Indian, of the lands allotted to him or her,
made before they shall become a citizen, shall be null and void.

And forty acres, including the houses and improvements of the
allottee, shall be inalienable during the natural lifetime of the party
receiving the title: Provided , That such of said Indians as are not
under legal disabilities by the local laws may sell to each other such
portions of their lands as are subject to sale, with the consent of the
Secretary of the Interior, at any time.

Article 8. That upon the ratification of this treaty a census of ail
the Ottawas entitled to land or money under the treaty shall be taken
under the direction of the Secretary of the Interior.

The principal to be paid to the minors shall be paid to their parents,
unless the council of the tribe shall object because of the incompetency
of the parent, growing out of ignorance, profligacy, or any other good
cause; the council may also object to the payment of the money to any
such incompetent which may be coming to himself or herself; and in
all such cases the principal sum shall be withheld, and only the annuity
paid, until such minor comes of age, or the disability is removed by
the action of the council: Provided further. That the money of minors
may, in all cases, be paid to guardians appointed by the local laws.

Article 9. It being the desire of the said Ottawas, in making this
treaty, to insure, as far as possible, the settlement of their reservation
by industrious whites, whose example shall be of benefit to the tribe
at large, it is stipulated that after all the above-mentioned locations,
assignments, and sales are made, the remainder of the land shall be
sold to actual settlers at not less than $1.25 per acre, in the following
manner: Any white person desiring to obtain any unsold, unlocated
tract of the land, may file his proposition, in writing, with the agent
of the Ottawas, for the purchase of the tract, stating the price which
he proposes to pay for said tract, not less than $1.25 per acre, a copy
of which proposition, as well as all others herein contemplated, shall
be posted for thirty days, dating from the first posting at the agency,
in some conspicuous place; and if no person will propose a better price
therefor within thirty days next after the first posting, in which fur¬
ther proposition the first person may join, he, or such other person as
shall have offered the best price, shall, upon the payment of one-
quarter of the price offered, be taken and deemed the purchaser of
said tract, and shall be entitled to a patent therefor from the United
States at the end of one year, if he shall pay the remainder of the
price offered, have occupied the land, and placed lasting and valuable
improvements upon said tract to the extent and value of two hundred
dollars to each quarter section entered: Provided , That if said Otta¬
was, by their council, shall, at any time before any person shall become
the purchaser of any tract of land, file their protest in writing against
such purchaser, he shall not be permitted to enter upon said lands or
become the purchaser thereof, and white persons not purchasers shall
not be permitted to settle upon said lands, it being the duty of the
agent to prevent such settlement, or their occupancy by the whites
who are not purchasers, and only to the extent of their purchase: And

TREATY WITH THE KICKAPOO, J862.

637

provided, further)'. That if any purchaser shall fail to pay for the land
by him purchased under this treaty at the time stipulated, it shall be
the duty of the agent to dispossess him as an intruder upon the lands,
and his advances, payments, and all his improvements, shall enure to
the benefit of the Ottawas, and the land shall be sold for their benefit,
as herein provided. But no person under this article shall be entitled
to enter more than 320 acres.

And all the lands which are not thus entered with the agent within
two years from the ratification of this treaty may, upon the request
of the council, be offered for sale at not less than $1.25 per acre, upon
a credit of one year, under the direction of the Secretary of the Inte¬
rior; and if any lands thereafter remain unsold, they may be sold upon
such terms as the council of said tribe and the Secretary of the Inte¬
rior shall mutually agree upon. And all the moneys derived from the
sales of the above-described lands shall be paid at the time and place
where the Secretary of the Interior may direct.

Article 10. And it is stipulated that the United States shall pay
to the said Ottawas the claims for stolen ponies, cattle, and, timber,
already reported and approved by the Secretary of the Interior,
amounting to $13,005TVV And also other claims for damages within
two years, or since the taking of testimony fqr the above-mentioned
damages, upon the presentation of sufficient proof: Provided , Such
last-mentioned claims shall not exceed $3,500.

Article 11. It is hereby made the duty of the Indian Department
to appoint an interpreter for said tribe, in the customary manner, to
be continued during the pleasure of the Secretary of the Interior.
And it is expressly understood that all expenses incurred by the stipu¬
lations of this treaty shall be paid out of the funds of the aforemen¬
tioned tribe of Ottawas, and their annuities shall be paid semi-annually.

TREATY WITH THE KICKAPOO, 1862.

Articles of a treaty made and concluded at the agency of the Kickapoo
tribe of Indians , on the %8th day of June , in the year of our Lord
one thousand eight hundred and sixty-two , by and between Charles B.
Keith , commissioner , on the part of the United States , and the under¬
signed chiefs , headmen , and delegates of the Kickapoo Nation, on
behalf of said nation.

Article 1. The Kickapoo tribe of Indians, believing that it will
contribute to the civilization of their people to dispose of a portion of
their present reservation in Kansas, consisting of one hundred and
fifty thousand acres of land, to allot land in severalty to those mem¬
bers of said tribe who desire to have separate tracts of lands, and have
adopted the customs of the whites, and to set apart for the others of
said tribe a portion of said reservation, to be held by them in common,
or (if a majority of them so elect) provide for them a suitable home
elsewhere, to be held by them in common, it is therefore hereby
agreed that the Secretary of the Interior shall cause the whole of said
reservation to be surveyed in the same manner as the public lands are
surveyed, and the quantity of land hereinafter mentioned to be set
apart to those of said tribe who desire to have their land in severalty;
and, if so elected by a majority of the others of said tribe, the quan¬
tity of land hereinafter mentioned to be by such others held m com¬
mon, and the remainder of the land, after the special reservations
hereinafter provided for shall have been made, to be sold for the benefit
of said tribe. „ „ _ A .

Article 2. It shall be the duty of the Secretary of the Interior to cause
to be made an accurate census of all the members of the tribe, and to
classify them in separate lists, showing the names, ages, and numbers

Ottawas to be paid
claims allowed for
stolen ponies, cattle,
etc.

Interpreter.

June 28,1862.

13 Stats., p. 623.

Ratified with
amendment, Mar. 13,
1863.

Proclamation Mav
28, 1863.

Amendment a e-
cepted, May 5, 1863.

Reservation to be
surveyed.

Portion to be set
apart.

Remainder to be
sold.

Census to be taken.

Separate lists to be
made.

688

TREAT V WITH THE KICKAPOO, 1862.

Assignments of
land.

Certificates to issue.

Lands to be exempt
from taxation, etc.

Persons receiving
certificate to relin¬
quish, etc.

Patents in fee sim¬
ple; when to issue to
allottees.

Their shares of cred¬
its to be paid them.

They to become citi¬
zens of the United
States.

Oath of allegiance
and proof.

Provision for those
members who wish to
hold their lands in
common.

Effect of assignment
in common.

of those desiring lands in severalty, and of those desiring lands in
common, designating chiefs and heads of families respectively; each
adult choosing for himself or herself, and each head of a family for
the minor children of such family, and the agent for orphans and per¬
sons of an unsound mind and otherwise incompetent, as to which of
these classes they will belong. And thereupon shall be assigned, under
the direction of the Commissioner of Indian Affairs, to each chief, at
the signing of the treaty, one half section; to each other head of a
family, one quarter section; and to each other person, forty acres of
land; to include in every case as far as practicable, to each family,
their improvements and a reasonable portion of timber, to be selected
according to the legal subdivision of survey. When such assignments
shall have been completed, certificates shall be issued by the Commis¬
sioner of Indian Affairs for the tracts assigned in severalty, specifying
the names of the individuals to whom they have been assigned respec¬
tively, and that said tracts are set apart for the perpetual and exclusive
use and benefit of such assignees and their heirs. Until otherwise
provided by law, such tracts shall be exempt from levy, taxation, or
sale, and shall be alienable in fee, or leased, or otherwise disposed of
only to the United States, or to persons then being members of the
Kiekapoo tribe, and of Indian blood, with the permission of the Presi¬
dent, and under such rules and regulations as the Secretary of the
Interior shall provide, except as may be hereinafter provided. And
on receipt of such certificates, the personjs] to whom they are issued
shall be deemed to have relinquished all right to any portion of the
lands assigned to others in severalty, or to a portion of the tribe in
common, and to the proceeds of sale of the same whensoever made.

Article 3. At any time hereafter, when the President of the United
States shall have become satisfied that any adults, being males and
heads of families, who may be allottees under the provision of the
foregoing article, are sufficiently intelligent and prudent to control
their affairs and interests, he may, at the request of such persons,
cause the lands severally held by them to be conveyed to them by
patent in fee-simple, with power of alienation; and may, at the same
time, cause to be set apart and placed to their credit severally, their
proportion of the cash value of the credits of the tribe, principal and
interest, then held in trust by the United States, and also, as the same
may be received, their proportion of the proceeds of the sale of lands
under the provisions of this treaty. And on such patents being issued,
and such payments ordered to be made by the President, such compe¬
tent persons shall cease to be members of said tribe, and shall become
citizens of the United States; and thereafter the lands so patented to
them shall be subject to levy, taxation, and sale, in like manner with
the property of other citizens: Provided , That, before making any
such application to the President, they shall appear in open court, in
the district court of the United States for the district of Kansas, and
make the same proof and take the same oath of allegiance as is provided
by law for the naturalization of aliens; and shall also make proof, to
the satisfaction of said court, that they are sufficiently intelligent and
prudent to control their affairs and interests; that they have adopted
the habits of civilized life, and have been able to support, for at least
five years, themselves and families.

Article 4. To those members of said tribe who desire to hold their
lands in common, there shall be set apart from the present reservation
of the tribe an undivided quantity, sufficient to allow one half section
to each chief, one quarter section to each other head of family, and
forty acres to each other person; and said land shall be held by that
portion of the tribe for whom it is set apart by the same tenure as the
whole reserve has been held by all of said tribe under the treaty of
1854. And upon such land being assigned in common, the persons to
whom it is assigned shall be held to have relinquished all title to lands

639

TREATY WITH THE KICKAPOO, 1862.

assigned in severalty, and in the proceeds of sales thereof whenever
made; or should a majority of the adult males of said class decide to
remove to the Indian country south of Kansas, then, and in that case,
their new home shall not be limited to the quantity above, designated,
but shall be as large as can be purchased with the proceeds of the sale
of the tract to which they would have been entitled had they deter¬
mined to remain upon the present reservation, computing the same at
the rate of at least one dollar and twenty -live cents per acre: Provided ,

That the purchase of such new home shall be made by the Commis- New home to be pur-

sioner of Indian Affairs, under the direction of the Secretary of the chased’ et<5.

Interior, and at such locality within said Indian country as he may

select: And provided also , That such new home shall be purchased and

the Indians entitled removed thereto, within the period of two years

after the completion of the survey herein provided for. And such

Indians shall be entitled to the benefits of their full proportionate share

of all assets belonging to said tribe, in the same manner that they

would have been entitled had such removal not been made, deducting

therefrom the necessary expenses of their removal.

Article 5. The Kickapoo tribe of Indians, entertaining the opinion h E.a,nroadP ma 8

that it is the desire of the Government and the people of the United buy certain lands. ^
States to extend railroad communication as far west as possible in the
shortest possible time, and believing that it will greatly enhance the
value of their lands reserved in severalty by having a railroad built,
connecting with the eastern railroads running from the city of Atchison,
in the State of Kansas, westerly in the direction of the gold mines in
Colorado Territory; and entertaining the opinion that the Atchison
and Pike’s Peak Railroad Company, incorporated by an act of the
legislative assembly of the Territory of Kansas, approved February 11,

1859, has advantages for travel and transportation over all other com¬
panies, it is therefore provided that the Atchison and Pike’s Peak
Railroad Company shall have the privilege of buying the remainder
of their land within six months after the tracts herein otherwise dis¬
posed of shall have been selected and set apart, provided said railroad Proviso,
company purchase the whole of such surplus lands at the rate of one
dollar and twent}^-five cents per acre; and when the selections shall
have been made and assigned as aforesaid, it shall be the duty of the
Commissioner of Indian Affairs to notify the president of said railroad
company thereof; and if said railroad company signifies its consent to
to purchase said surplus lands within sixty days thereafter, and shall
make, execute, and deliver to the Secretary of the Interior the bonds
of the said company in a penal sum equal to double the value of said
surplus lands as heretofore ascertained, with the condition that the
said bonds shall become void whenever the said company shall comply
with the conditions of the treaty, the Secretary of the Interior shall
issue to said railroad company certificates of purchase, and such cer¬
tificates shall be deemed and held ir all courts as evidence of the right
of possession in said railroad company to all or any part of said lands,
unless the same shall be forfeited as hereinafter provided. And if ch<2£ditions of pur‘
said railroad company make such purchase, it shall be subject to the
following considerations, viz: They shall construct and fully equip a
good and efficient railroad from the city of Atchison, in the State of
Kansas, westerly, within six years, and as follows: The first section of
fifteen miles of said road to be completed within three years from the
date of said purchase, and the second section to a point as far west as
the western boundary of said reservation within three years there¬
after; and no patent or patents shall issue to said company or its
assigns for any portion of said lands until the first section of said road
shall be completed, and then for not more than one-half of said lands;
and no patent or patents shall issue to said company or its assigns for
any of the remaining portion of said lands until said second section of
said railroad shall be completed as aforesaid; and before any patents

640

TREATY WITH THE KICKAPOO, 1862.

Contract or pur¬
chase, when to he null
and void.

shall issue for any part of said lands, payments shall be made for the
lands to be patented at the rate of one dollar and twenty-five cents per
acre. And said company shall pay the whole amount of the purchase-
money for said lands in the securities of the United States to the Sec¬
retary of the Interior, in trust for said Kickapoo tribe of Indians,
within six years from the date of such purchase; and when so paid the
president is authorized hereby to issue patents therefor. Said com¬
pany shall, in like manner, pay to the Secretary of the Interior, in
trust as aforesaid, each and every year, until the whole purchase-money
shall have been paid, interest from date of purchase, at six per cent,
per annum, on all the purchase-money remaining unpaid. Said inter¬
est, and the interest due on the purchase-money after it is paid to the
United States, shall be held in trust and paid to said Indians on the
first day of April of each and every year; and in ten years from the
ratification of this treaty there shall be paid by the United States to
said tribe of Indians ten thousand dollars, as their first instalment upon
the amount of said purchase-money, and ten thousand dollars each and
every year thereafter until all is paid.

Article 6. In case said railroad company shall fail to complete
either section of said railroad in a good and efficient manner, or shall
fail to pay the whole of the purchase-money for said lands within the
time herein prescribed, or shall fail to pay all or any part of the
interest ' upon the same each year as aforesaid, within thirty days
from the date when such payment of interest may fall due, then the
contract or purchase shall be deemed and held absolutely null and
void, if the Secretary of the Interior shall so determine, and said
company or its assigns shall forfeit all payments of principal and
interest made on such purchase, and all right and title, legal and equi¬
table, of any kind whatsoever, in and to all and every part of said
lands which shall not have been before the date of such forfeiture

earned and paid for pursuant to the provisions of this treaty. And
Patents to contain whenever any patents shall issue to said railroad company for any
at con tions. paiq 0f said lands, it shall contain the condition that the said com¬
pany shall sell the lands described in such patent, except so much as
shall be necessary for the working of the road, within five years from
the issuing of such patent. And said company shall have the perpet¬
ual right of way over the lands of the Kickapoos not sold to it for the
construction and operation of said railroad, not exceeding one hun¬
dred feet in width, and the right to enter on said lands and take and
use such gravel, stone, earth, water, and other material, except tim¬
ber, as may be necessary for the construction and operation of the
said road, making compensation for any damages to improvements
caused by obtaining such material, and for anjr damages arising from
the location or running of said road, to improvements made before
the road was located; such damages and compensation, in cases where
said company and the persons whose improvements are injured or the
property taken cannot agree, to be ascertained and adjusted under the
direction of the Commissioner of Indian Affairs. And in case said
company shall not promptly pay the amount of such damages and
compensation, the Secretary of the Interior may withhold patents for
any part of the lands purchased by them until payment be made of
the amount of such damages, with six per cent, interest thereon from
the date when the same, not including improvements, shall have been
ascertained and demanded; and in case said company shall not pur¬
chase said surplus lands, or having purchased, shall forfeit the whole
or any part thereof, the Secretary of the Interior shall thereupon
cause the same to be appraised at not less than one dollar and twenty -
five cents per acre, and shall sell the same in quantities not exceeding
one hundred and sixty acres at auction, to the highest bidder for cash,
at not less than [the] appraised value: Provided , however , In case any

TREATY WITH THE KICKAPOO, 1862.

641

of said lands have been conveyed to bona-fide purchasers by said rail¬
road company, such purchasers shall be entitled to a patent for said
lands so purchased by them on payment to the United States in trust
for said Kickapoos of the appraised value thereof, (exclusive of their
improvements,) and not less than one dollar and twenty-five cents per
acre therefor, under such rules and regulations as may be prescribed
by the Secretary of the Interior. On the purchase of said lands by
the said railroad company the same shall become a part of the State
of Kansas, but none of said lands shall be subject to taxation until
the patents have been issued therefor.

Article 7. [Stricken out.

Article 8. [Stricken out/

Article 9. [Stricken out/

Article 10. Whereas some years since a portion of the Kickapoos Provisions as to
went down among the Southern Indians, and there is reason to believe tofore wentsouth.ere"
that but few, if any, of them will ever return, and they having been
notified of the provisions of this treaty, it is hereby agreed that they
shall receive no benefits arising therefrom, unless they return to the
present reservation of the Kickapoos within one year from the ratifi¬
cation of this treaty, in which case it is hereby agreed that forty acres
each be allotted to them, with the understanding that they will occupy,
improve, and cultivate the same, and in every respect to be governed
by the same rules and regulations as is prescribed for the government
of the lands reserved by the preceding articles.

Article 11. There shall be reserved six hundred and forty acres of ande|dSvtammsfor saw
land to be selected by the chiefs of said tribe of Kickapoos as a site
for a saw and grist mill, three hundred and twenty acres where the
mission-house now is', and one hundred and sixty acres where the house
built for the agency now is, which, with the improvements thereupon,
shall be disposed of when the objects for which they have been reserved
shall have been accomplished, in such a manner and for such purposes
as may be provided by law.

Article 12. Stricken out.

Article 13. Inasmuch as it was provided by the treaty between toE^ens|fdof bUrvt£!
the United States and said Kickapoos, entered into on the 18th day of united states. 1 e
Ma}^, A. D. 1854, that the President may cause to be surveyed, in the
same manner that the public lands are surveyed, the reservation pro¬
vided for the Kickapoos, it is agreed that the expense of said surveys
shall be paid by the United States out of the proceeds of sales of said
lands, and all expenses incident to the negotiation and execution of
this treaty, and not otherwise provided for, shall be defrayed by the
Kickapoos; the same to be deducted from any funds applicable to that
purpose now or hereafter held for them in trust by the United States.

Article 14. It is further agreed that all rights, title, and interest t0^hlunited states d
of the Kickapoos in their present reservation shall cease, and the same ° e m e a es'
is hereby ceded to and vested in the United States, subject to the limi¬
tations and for the purposes herein expressed and provided for.

Article 15. Any stipulation in former treaties inconsistent with inconsistent stipu-
those embraced in the foregoing articles shall be of no force or effect. a lons 0 110 e ec •

Article 16. Should the Senate reject or amend any of the forego- Effect of rejection,
ing articles, such rejection or amendment shall not affect the other !histreawyartIcle of
provisions of this treaty, but the same shall go into effect when ratified
and approved.

S. Doc. 452 - 41

642

TREATY WITH CHIPPEWA, ETC., 1863.

TREATY WITH CHIPPEWA OF THE MISSISSIPPI AND THE
PILLAGER AND LAKE WINNIBIGOSHISH BANDS, 1863.

Mar, ii, 1863. Articles of agreement and convention, made and concluded at the city

Ratified' 12w'ith °f Washington, this eleventh day of March, A. D. one thousand eight

amendments’, Mar. 13, hundred and sixty-three, between William P. Dole, Commissioner of
18a m endments Indian Affairs, and Clark W. Thompson, superintendent of Indian
agreed to, Mar. 14, affairs of the Twrthern superintendency, on the part of the United
^Proclamation, Mar. States, and Henry M. Rice, of Minnesota, for and on behalf of the
Chippewas of the Mississippi and the Pillager and Lake Winnibi¬
goshish bands of Chippewa Indians in Minnesota.

ceded atortoerifnited Article 1. The reservations known as Gull Lake, MilleLac, Sandy

states, except, etc. Lake, Rabbit Lake, Pokagomin Lake, and Rice Lake, as described in
the second clause of the second article of the treaty with the Chippe¬
was of the 22d February, 1855, are hereby ceded to the United States,
excepting one-half section of land, including the mission -buildings at
Gull Lake, which is hereby granted in fee simple to the Reverend
John Johnson, missionary.

Reservation se t Article 2. In consideration of the foregoing cession, the United
apar m leu ereo . g^a^eg agree to set apart f or the future homes of the Chippewas of the
Mississippi, all the lands embraced within the following-described bound¬
aries, excepting the reservations made and described in the third clause
of the second article of the said treaty of February 22, 1855, for the

Boundaries. Pillager and LakeWinnibigoshish bands; that is to say, beginningata
point one mile south of the most southerly point of Leech Lake, and
running thence in an easterly course to a point one mile south of the
most southerly point of Goose Lake; thence due east to a point due
south from the intersection of the Pokagomin reservation and the Mis¬
sissippi River; thence on the dividing-line between “Deer River and
Lakes” and “ Mashkorden’s River and Lakes,” until a point is reached
north of the first-named river and lakes; thence in a direct line north¬
westwardly to the outlet of “Two-Routes Lake;” thence in a south¬
westerly direction to the northwest corner of the “Cass Lake” reser¬
vation; thence in a southwesterly direction to “Karbekaun” River;
thence down said river to the lake of the same name; thence due south
to a point due west from the beginning; thence to the place of begin¬
ning.

Annuities. Article 3. In consideration of the foregoing cession to the United

States, and the valuable improvements thereon, the United States fur¬
ther agree: 1st. To extend the present annuities of the Indians, par¬
ties to this treaty, for ten years beyond the periods respectively named
in existing treaties; 2nd. And to pay toward the settlement of the
claims for depredations committed by said Indians in 1862, the sum of
twenty thousand dollars, or so much thereof as may be necessary, pro¬
vided that no money shall be paid under this item, except upon claims
which have been duly adjudicated and found to be due under existing
treaties, from said Indians, and allowed by the Secretary of the Inte¬
rior, or under his direction; 4th. To the chiefs of the Chippewas of
the Mississippi, sixteen thousand dollars, (provided they shall pay to
the chiefs of the Pillager and Lake Winnibigoshish bands one thousand
dollars,) to be paid upon the signing of this treaty, out of the arrear¬
ages due under the 9th article of the treaty concluded at La Pointe,
in the State of Wisconsin, on the 30th of September, 1854; 5th. And
to pay the expenses incurred by the legislature of the State of Minne¬
sota, in the month of September, 1862, in sending commissioners to
visit the Chippewa Indians, amounting to thirteen hundred and thirty-
eight dollars and seventy-five cents.

Reservation to be Article 4. The United States further agree to clear, stump, grub,
cleared, etc., in lots. an(j the reservation hereby set apart for the Chippewas of

the Mississippi, in lots of not less than ten acres each, at such point

TREATY WITH CHIPPEWA, ETC., 1863.

643

or points as the chiefs of each band may select, as follows, viz: For
the Gull Lake band, seventy acres; for the Mille Lac band, seventy
acres; for the Sandy Lake band, fifty acres; for the Pokagomin band,
fifty acres; for the Rabbit Lake band, forty acres; for the Rice Lake
band, twenty acres; and to build for the chiefs of saicl bands one house Houses for chiefs,
each, of the following description: to be constructed of hewn logs; to
be sixteen by twenty feet each, and two stories high; to be roofed with
good shaved pine shingles; the floors to be of seasoned pine-plank,
jointed; stone or brick fire-places and chimneys; three windows in
lower story and two in the upper story, with good substantial shutters
to each, and suitable doors; said houses to be pointed with lime mor¬
tar: provided, that the amount expended under this article shall not
exceed the sum of three thousand six hundred dollars.

Article 5. The United States agree to furnish to said Indians, par- Oxen and tools,
ties to this treaty, ten yoke of good, steady, work-oxen, and twenty
log-chains, annually, for ten years, provided the Indians shall take
proper care of, and make proper use of the same; also, for the same
period, annually, two hundred grubbing-hoes, ten ploughs, ten grind¬
stones, one hundred axes, handled, not to exceed in weight three and
one-half . pounds each; twenty spades. Also two carpenters and two carpenters, biack-
blacksmiths, and four farm laborers, and one physician — not exceed- snu s’ etc'
ing, in the aggregate, one thousand dollars.

Alrticle 6. The United States further agree to remove the saw-mill sawmill,
from Gull Lake reservation, to such point on the new reservation hereby
set apart as may be selected by the agent, and to keep the same in good
running order, and to employ a competent sawyer, so long as the
President of the United States may deem it necessary; and to extend
the road between Gull Lake and Leech Lake, from the last-named
lake to the junction of the Mississippi and Leech Lake Rivers; and to
remove the agency to said junction, or as near thereto as practicable;
but not more than three thousand dollars shall be expended for this
purpose.

Article 7. The President shall appoint a board of visitors, to consist bepresent aVammity
of not less than two nor more than three persons, to be selected from payments,
such Christian denominations as he may designate, whose duty it shall
be to attend the annuity payments to the Indians, and to inspect the
fields and other improvements of the Indians, and to report annually
thereon, on or before the first of November; and also as to the quali¬
fications and moral deportment of all persons residing upon the reser¬
vation under the authority of law; and they shall receive for their
services five dollars per day for the time actually employed, and ten
cents per mile for travelling expenses: Provided , That no one shall be
paid in any one year for more than twenty days’ service, or for more
than three hundred miles’ travel.

Article 8. No person shall be recognized as a chief whose band nS°as chiefs. recog’
numbers less than fifty persons; and to encourage and aid the said
chiefs in preserving order, and inducing by their example and advice
the members of their respective bands to adopt the pursuits of civilized
life, there shall be paid to each of said chiefs, annually, out of the
annuities of said bands, a sum not exceeding one hundred and fifty
dollars, to be determined by the Commissioner of Indian Affairs,
according to their respective merits.

Article 9. To improve the morals and industrial habits of said et^gt® hive families'
Indians, it is agreed that no agent, teacher, interpreter, traders, or and to abee ofm good,
their employes, shall be employed, appointed, licensed, or permitted moral character-
to reside within the reservations belonging to the Indians, parties to
this treaty, missionaries excepted, who shall not have a lawful wife
residing with them at their respective places of employment or trade
within the agency, and no person of full or mixed blood, educated or
partially educated, whose fitness, morally or otherwise, is not conducive

644

TREATY WITH THE NEZ PERCES, 1863.

’to the welfare of said Indians, shall receive any benefits from this or
any former treaties.

tie^ayment °f annui' Article 10. All annuities under this or former treaties shall be
j>aid as the chiefs in council may request, with the approval of the
Secretary of the Interior, until otherwise altered or amended: Pro¬
vided, That not less than one-half of said annuities shall be paid in
necessary clothing, provisions, and other necessary and useful articles,
to be full or Article 11. Whenever the services of laborers are required upon
competent!5 s’ ere the reservation, preference shall be given to full or mixed bloods, if
they shall be found competent to perform them.
moveiafrSom0t resent Article 12. It shall not be obligatory upon the Indians, parties to
reservations, .until, af- this treaty, to remove from their present reservations until the United
ter, etc. States shall have first complied with the stipulations of Articles 4 and

6 of this treaty, when the United States snail furnish them with all
necessary transportation and subsistence to their new homes, and sub¬
sistence for six months thereafter: Provided , That owing to the here-
Miiie Lac Indians, tofore good conduct of the Mille Lac Indians, they shall not be com¬
pelled to remove so long as they shall not in any way interfere with
or in any manner molest the persons or property of the whites.

Female teachers. Article 13. Female members of the family of any Government
employe residing on the reservation, who shall teach Indian girls
domestic economy, shall be allowed and paid a sum not exceeding ten
dollars per month while so engaged: Provided , That not more than
one thousand dollars shall be so expended during any one year, and
that the President of the United States may suspend or annul this
article whenever he may deem it expedient to do so.
inC1inriimiaofd former Article 14. It is distinctly understood and agreed that the clearing

engagements! former and breaking of land for the Chippewas of the Mississippi, as provided
for in the fourth article of this treaty, shall be in lieu of all former
engagements of the United States as to the breaking of lands for
those bands.

14 Stats., p. 647.
Ratified Apr. 17,1867.
Proclamation, Apr.
20, 1867.

TREATY WITH THE NEZ PERCES, 1863.

Articles of agreement made and concluded at the, council-ground , in the
valley of the Lapwai , W. T., on the ninth day of June, one thousand
eight hundred and sixty -three , between the United States of America,
by G. II. Hale, superintendent of Indian affairs, and Charles Hutchins
and S. D. Howe, U. S. Indian agents for th,e Territory of Washington,
acting on the part and in behalf of the United States, and the Nez
Perce Indians, by the chiefs , head-men, and delegates of said tribe,
such articled being supplementary and amendatory to the treaty made
between the United States and said tribe on the 11th day of June, 1855.

Article 1. The said Nez Perce tribe agree to relinquish, and do
hereby relinquish, to the United States the lands heretofore reserved
for the use and occupation of the said tribe, saving and excepting so
much thereof as is described in Article II for a new reservation.

Article 2. The United States agree to reserve for a home, and for
the sole use and occupation of said tribe, the tract of land included
within the following boundaries, to wit: Commencing at the northeast
corner of Lake Wa-ha, and running thence, northerly, to a point on
the north bank of the Clearwater River, three miles below the mouth
of the Lapwai, thence down the north bank of the Clearwater to the
mouth of the Hatwai Creek; thence, due north, to a point seven miles
distant; thence, eastwardly, to a point on the north fork of the Clear¬
water, seven' miles distant from its mouth; thence to a point on Oro
Fino Creek, five miles above its mouth; thence to a point on the north
fork of the south fork of the Clearwater, five miles above its mouth
thence to a point on the south fork of the Clearwater, one mile

TREATY WITH THE HEZ PERCES, 1863.

645

the bridge, on the road leading to Elk City, (so as to include all the
Indian farms now within the forks;) thence in a straight line, west-
wardly, to the place of beginning.

All of which tract shall be set apart, and the above-described bound¬
aries shall be surveyed and marked out for the exclusive use and
benefit of said tribe as an Indian reservation, nor shall any white man,
excepting those in the employment of the Indian Department, be
permitted to reside upon the said reservation without permission of
the tribe and the superintendent and agent; and the said tribe agrees
that so soon after the United States shall make the necessary provision
for fulfilling the stipulations of this instrument as they can conven¬
iently arrange their affairs, and not to exceed one year from its ratifi¬
cation, they will vacate the country hereby relinquished, and remove
to and settle upon the lands herein reserved for them, (except as may
be hereinafter provided.) In the meantime it shall be lawful for them
to reside upon any ground now occupied or under cultivation by said-
Indians at this time, and not included in the reservation above named.
And it is provided, that any substantial improvement heretofore made
by any Indian, such as fields inclosed and cultivated, or houses erected
upon the lands hereby relinquished, and which he may be compelled
to abandon in consequence of this treaty, shall be valued under the
direction of the President of the United States, and payment therefor
shall be made in stock or in improvements of an equal value for said
Indian upon the lot which may be assigned to him within the bounds
of the reservation, as he may choose, and no Indian will be required to
abandon the improvements aforesaid, now occupied by him, until said
payment or improvement shall have been made. And it is further
provided, that if an}^ Indian living on any of the land hereby relin¬
quished should prefer to sell his improvements to any white man,
being a loyal citizen of the United States, prior to the same being
valued as aforesaid, he shall be allowed so to do, but the sale or trans¬
fer of said improvements shall be made in the presence of, and with
the consent and approval of, the agent or superintendent, by whom a
certificate of sale shall be issued to the party purchasing, which shall
set forth the amount of the consideration in kind. Before the issue
of said certificate, the agent or superintendent shall be satisfied that a
valuable consideration is paid, and that the party purchasing is of
undoubted loyalty to the United States Government. No settlement
or claim made upon the improved lands by any Indian will be per¬
mitted, except as herein provided, prior to the time specified for their
removal. Any sale or transfer thus made shall be in the stead of pay¬
ment for improvements from the United States.

Article 3. The President shall, immediately after the ratification
of this treaty, cause the boundary-lines to be surveyed, and properly
marked and established; after which, so much of the lands hereby
reserved as may be suitable for cultivation shall be surveyed into lots
of twenty acres each, and every male person of the tribe who shall
have attained the age of twenty-one years, or is the head of a family,
shall have the privilege of locating upon one lot as a permanent home
for such person, and the lands so surveyed shall be allotted under such
rules and regulations as the President shall prescribe, having such
reference to their settlement as may secure adjoining each other the
location of the different families pertaining to each band, so far as the
same may be practicable. Such rules and regulations shall be pre¬
scribed by the President, or under his direction, as will insure to the
family, in case of the death of the head thereof, the possession and
enjoyment of such permanent home, and the improvements thereon.
When the assignments as above shall have been completed, certificates
shall be issued by the Commissioner of Indian Affairs, or under his
direction, for the tracts assigned in severalty, specifying the names of

Reservation to be
for the sole use of the
tribe, who shall settle
thereon within a year.

Improvements on
lands ceded to be paid
for.

May be sold to loyal
whites.

Certificates of sale.

Boundary lines to
be marked and lands
surveyed into lots.

Heads of families
may locate on lot.

Certificates there-
for.

646

TREATY WITH THE HEZ PERCES, 1863.

the individuals to whom they have been assigned respectively, and
These lots to be ex ^at said tracts are set apart for the perpetual and exclusive use and
empt from levy, taxes" benefit of such assignees and their heirs. Until otherwise provided
by law, such tracts shall be exempt from levy, taxation, or sale, and
shall be alienable in fee, or leased, or otherwise disposed of, only to
the United States, or to persons then being members of the Nez Perce
tribe, and of Indian blood, with the permission of the President, and
under such regulations as the Secretary of the Interior or the Com¬
missioner of Indian Affairs shall prescribe; and if any such person or
family shall at any time neglect or refuse to occupy and till a portion
of the land so assigned, and on which they have located, or shall rove
from place to place, the President may cancel the assignment, and
may also withhold from such person or family their proportion of the
annuities or other payments due them until they shall have returned
to such permanent home, and resumed the pursuits of industry; and
in default of their return, the tract may be declared abandoned, and
in*commom° be Reld thereafter assigned to some other person or family of such tribe. The
residue of the land hereby reserved shall be held in common for pas¬
turage for the sole use and benefit of the Indians: Provided , however ,
That from time to time, as members of the tribe may come upon the
reservation, or may become of proper age, after the expiration of the
time of one year after the ratification of this treaty, as aforesaid, and
claim the privileges granted under this article, lots may be assigned
from the lands thus held in common, wherever the same may be suit-
beRremovedn without a^e f°r cultivation. No State or territorial legislature shall remove
the consent of con- the restriction herein provided for, without the consent of Congress,
gress- and no State or -territorial law to that end shall be deemed valid until

the same has been specially submitted to Congress for its approval,
payments to the Article 4. In consideration of the relinquishment herein made the
United States agree to pay to the said tribe, in addition to the annui¬
ties provided by the treaty of June 11, 1855, and the goods and pro¬
visions distributed to them at the time of signing this treaty, the
sum of two hundred and sixty-two thousand and five hundred dollars,
in manner following, to wit:

First. One hundred and fifty thousand dollars, to enable the Indians
to remove and locate upon the reservation, to be expended in the
ploughing of land, and the fencing of the several lots, which may be
assigned to those individual members of the tribe who will accept the
same in accordance with the provisions of the preceding article, which
said sum shall be divided into four annual instalments, as follows: For
the first year after the ratification of this treaty, seventy thousand
dollars; for the second year, forty thousand dollars; for the third
year, twenty -five thousand dollars; for the fourth year, fifteen thou¬
sand dollars.

Second. Fifty thousand dollars to be paid the first year after the
ratification of this treaty in agricultural implements, to include wagons
or carts, harness, and cattle, sheep, or other stock, as may be deemed
most beneficial by the superintendent of Indian affairs, or agent, after
ascertaining the wishes of the Indians in relation thereto.

Third. Ten thousand dollars for the erection of a saw and flouring
mill, to be located at Kamia, the same to be erected within one year
after the ratification hereof.

Fourth. Fifty thousand dollars for the boarding and clothing of the
children who shall attend the schools, in accordance with such rules or
regulations as the Commissioner of Indian Affairs may prescribe, pro¬
viding the schools and boarding-houses with necessary furniture, the
purchase of necessary wagons, teams, agricultural implements, tools,
&c., for their use, anci for the fencing of such lands as may be needed
for gardening and farming purposes, for the use and benefit of the
schools, to be expended as follows: The first year after the ratification

647

TREATY WITH THE NEZ PERCES, 1863.

of this treaty, six thousand dollars; for the next fourteen years, three
thousand dollars each year; and for the succeeding year, being th six¬
teenth and last instalment, two thousand dollars.

Fifth. A further sum of two thousand five hundred dollars shall be churches,
paid within one year after the ratification hereof, to enable the Indians
to build two churches, one of which is to be located at some suitable
point on the Kamia, and the other on the Lapwai.

Article 5. The United States further agree, that in addition to a subordinate chiefs
head chief the tribe shall elect two subordinate chiefs, who shall assist
him in the performance of his public services, and each subordinate
chief shall have the same amount of land ploughed and fenced, with
comfortable house and necessary furniture, and to whom the same
salary shall be paid as is already provided for the head chief in article
5 of the treaty of June 11, 1855, the salary to be paid and the houses
and land to be occupied during the same period and under like restric¬
tions as therein mentioned.

And for the purpose of enabling the agent to erect said buildings,
and to plough and fence the land, as well as to procure the necessary
furniture, and to complete and furnish the house, &c. , of the head
chief, as heretofore provided, there shall be appropriated, to be expended
within the first year after the ratification hereof, the sum of two thou¬
sand five hundred dollars.

And inasmuch as several of the provisions of said art. 5th of the
treaty of June 11, 1855, pertaining to the erection of school-houses,
hospital, shops, necessary buildings for employe[e]s and for the agency,
as well as providing the same with necessary furniture, tools, &c. , have
not yet been complied with, it is hereby stipulated that there shall be tionUrther appropna'
appropriated, to be expended for the purposes herein specified during
the first year after the ratification hereof, the following sums, to wit:

First. Ten thousand dollars for the erection of the two schools, includ- Sch00ls'
ing boarding-houses and the necessary out-buildings; said schools to
be conducted on the manual-labor system as far as practicable.

Second. Twelve hundred dollars for the erection of the hospital, and Hospital,
providing the necessary furniture for the same.

Third. Two thousand dollars for the erection of a blacksmith’s shop, shop

to be located at Kamia, to aid in the completion of the smith’s shop 00 s’ e c'
at the agency, and to purchase the necessary tools, iron, steel, &c. ;
and to keep the same in repair and properly stocked with necessary
tools and materials, there shall be appropriated thereafter, for the
fifteen years next succeeding, the sum of five hundred dollars each
year.

Fourth. Three thousand dollars for erection of houses for employ e[e]s, Houses, mills, etc.
repairs of mills, shops, &c. , and providing necessary furniture, tools,
and materials. For the same purpose, and to procure from year to
year the necessary articles — that is to say, saw-logs, nails, glass, hard¬
ware, &c. — there shall be appropriated thereafter, for the twelve years
next succeeding, the sum of two thousand dollars each year; and for
the next three years, one thousand dollars each year.

And it is further agreed that the United States shall employ, in mSE, mm2sers’
addition to those already mentioned in art. 5th of the treaty of June
11, 1855, two matrons to take charge of the boarding-schools, two
assistant teachers, one farmer, one carpenter, and two millers.

All the expenditures and expenses contemplated in this treaty, and
not otherwise provided for, shall be defrayed by the United States.

Article 6. In consideration of the past services and faithfulness of Payment to the
the Indian chief, Timothy, it is agreed that the United States shall cllief’ Timothy-
appropriate the sum of six hundred dollars, to aid him in the erection
of a house upon the lot of land which may be assigned to him, in
accordance with the provisions of the third article of this treaty.

Article 7. The United States further agree that the claims of certain an^laj™s11f°rrsessert^|
members of the Nez Perce tribe against the Government for services paid. °r °rses ° e

648

Authority, etc., of
the United States ac¬
knowledged.

Roads and high¬
ways.

Hotels and stage
stands.

Ferries and bridges.

Timber.

Springs or fountains.

Robert Newell to re¬
ceive a patent .for a
tract of land.

TREATY WITH THE NEZ PERCES, 1863.

rendered and for horses furnished by them to the Oregon mounted
volunteers, as appears by certificate issued by W. H. Fauntleroy,
A. It. Qr. M. and Com. Oregon volunteers, on the 6th of March, 1856,
at Camp Cornelius, and amounting to the sum of four thousand six
hundred and sixty -five dollars, shall be paid to them in full, in gold coin.

Article 8. It is also understood that the aforesaid tribe do hereby
renew their acknowledgments of dependence upon the Government
of the United States, their promises of friendship, and other pledges,
as set forth in the eighth article of the treaty of June 11, 1855; and
further, that all the provisions of said treaty which are not abrogated
or specifically changed by any article herein contained, shall remain
the same to ail intents and purposes as formerly, — the same obligations
resting upon the United States, the same privileges continued to the
Indians outside of the reservation, and the same rights secured to citi¬
zens of the U. S. as to right of way upon the streams and over the
roads which may run through said reservation, as are therein set forth.

But it is further provided, that the United States is the only com¬
petent authority to declare and establish such necessary roads and
highways, and that no other right is intended to be hereby granted to
citizens of the United States than the right of way upon or over such
roads as may thus be legally established: Provided , however , That the
roads now usually travelled shall, in the mean time, be taken and
deemed as within the meaning of this article, until otherwise enacted
by act of Congress or by the authority of the Indian Department.

And the said tribe hereby consent, that upon the public roads which
may run across the reservation there may be established, at such points
as shall be necessary for public convenience, hotels or stage-stands,
of the number and necessity of which the agent or superintendent shall
be the sole judge, who shall be competent to. license the same, with the
privilege of using such amount of land for pasturage and other pur¬
poses connected with such establishment as the agent or superintendent
shall deem necessary, it being understood that such lands for pasturage
are to be enclosed, and the boundaries thereof described in the license.

And it is further understood and agreed that all ferries and bridges
within the reservation shall be held and managed for the benefit of
said tribe.

Such rules and regulations shall be made by the Commissioner of
Indian Affairs, with the approval of the Secretary of the Interior, as
shall regulate the travel on the highways, the management of the
ferries and bridges, the licensing of public houses, and the leasing
of lands, as herein provided, so that the rents, profits, and issues
thereof shall inure to the benefit of said tribe, and so that the per¬
sons thus licensed, or necessarily employed in any of the above rela¬
tions, shall be subject to the control of the Indian Department, and to
the provisions of the act of Congress “to regulate trade and inter¬
course with the Indian tribes, and to preserve peace on the frontiers ”

All timber within the bounds of the reservation is exclusively the
property of the tribe, excepting that the U. S. Government shall be
permitted to use thereof for any purpose connected with its affairs,
either in carrying out any of the provisions of this treaty, or in the
maintaining of its necessary forts or garrisons.

The United States also agree to reserve all springs or fountains not
adjacent to, or directly connected with, the streams or rivers within
the. lands hereby relinquished, and to keep back from settlement or
entry so much of the surrounding land as may be necessary to prevent
the said springs or fountains being enclosed; and, further, to preserve
a perpetual right of way to and from the same, as watering places, for
the use in common of both whites and Indians.

Article 9. Inasmuch as the Indians in council have expressed their
desire that Robert Newell should have confirmed to him a piece of

TREATY WITH EASTERN SHOSHONI, 1863.

649

land lying between Snake and Clearwater Rivers, the same having
been given to him on the 9th day of June, 1861, and described in an
instrument of writing bearing that date, and signed by several chiefs
of the tribe, it is hereby agreed that the said Robert Newell shall
receive from the United States a patent for the said tract of land.

Article 10. This treaty shall be obligatory upon the contracting Treaty, when to
parties as soon as the same shall be ratified by the President and Sen- teke effect’
ate of the United States.

TREATY WITH EASTERN SH0SH0NI, 1863.

Articles of Agreement made at Fort Bridger , in Utah Territory , this July 2, 1863.
second day of July , A. D. one thousand eight hundred and sixty- is stats., P. 685.
three , by and between the United States of America , represented amendment, Ma^vl
by its Commissioners , and the Shoshone nation of Indians , repre- 18(^- . ,

seated by its Chiefs and Principal Men And Warriors of the East- to Augn 3™i865.agree
em Bands , as follows: i869°clalmed June 7’

Article 1.

Friendly and amically relations are hereby re-established between Friendly relations
the bands" of the Shoshonee nation, parties hereto, and the United uaTp«acehed; perpet'
States; and it is declared that a firm and perpetual peace shall be
henceforth maintained between the Shoshonee nation and the United
States.

Article 2.

The several routes of travel through the Shoshonee country, now sa|°ytesof °traveaIre-
or hereafter used by white men, shall be and remain forever free and settlements andVposts-
safe for the use of the government of the United States, and of all oflen<iers-
emigrants and travellers under its authority and Protection, without
molestation or injury from any of the people of the said nation. And
if depredations should at any time be committed by bad men of their
nation, the offenders shall be immediately seized and delivered up to
the proper officers of the United States, to be punished as their offences
shall deserve; and the safety of all travellers passing peaceably over
said routes is hereby guaranteed by said nation. Military agricultural
settlements and military posts may be established by the President of
the United States along said routes; ferries may be maintained over
the rivers wherever they may be required; and houses erected and
settlements formed at such points as may be necessary for the comfort
and convenience of travellers.

Article 3.

The telegraph and overland stage lines having been established and over"

operated through a part of the Shoshonee country, it is expressly an stage ines'
agreed that the same may be continued without hindrance, molesta¬
tion, orinjurv from the people of said nation; and that their property,
and the lives of passengers in the stages, and of the employes of the
respective companies, shall be protected by them.

And further, it being understood that provision has been made by Railway,
the Government of the United States for the construction of a railway
from the plains west to the Pacific ocean, it is stipulated by said nation
that said railway, or its branches, may be located, constructed, and
operated, without molestation from them, through any portion of the
country claimed by them.

Article 4.

If is understood the boundaries of the Shoshonee country, as defined sh®°^^of sh°-
and described by said nation, is as follows: On the north, by the moun-

650

Annuity: accept¬
ance as a compensa¬
tion for loss of game.

Presents acknowl¬
edged.

Amendment.

July 30, 1863.

13 Stats., p. 663.
Ratified, with,
amendments, Mar. 7,
1864.

Amendmentsagreed
to Nov. 18, 1864.

Proclamation, Jan.
17, 1865.

Peace and friend¬
ship.

Treaty of Fort
Bridger assented to.

Annuity increased.

TREATY WITH SHOSHONI— NORTHWESTER!!?' BAUDS, 3863.

tains on the north side of the valley of Shoshonee or Snake River; on
the east, by the Wind River mountains, Peenahpah river, the north
fork of Platte or Koo-chin-agah, and the north Park or Buffalo
House; and on the south, b}" Yampah river and the Uintah mountains.
The western boundary is left undefined, there being no Shoshonees
from that district of country present; but the bands now present claim
that their own country is bounded on the west by Salt Lake.

Article 5.

The United States being aware of the inconvenience resulting to the
Indians in consequence of the driving away and destruction of game
along the routes travelled by whites, and by the formation of agricul¬
tural and mining settlements, are willing to fairly compensate them
for the same; therefore, and in consideration of the preceding stipu¬
lations, the United States promise and agree to pay to the bands of
the Shoshonee nation, parties hereto, annually for the term of twenty
years, the sum of ten thousand dollars, in such articles as the Presi¬
dent of the United States may deem suitable to their wants and con¬
dition, either as hunters or herdsmen. And the said bands of the
Shoshonee nation hereby acknowledge the reception of the said stipu¬
lated annuities, as a full compensation and equivalent for the loss of
game, and the rights and privileges hereby conceded.

Article 6.

The said bands hereby acknowledge that they have received from
said Commissioners provisions and clothing amounting to six thou¬
sand dollars, as presents, at the conclusion of this treaty.

Article 7.

Nothing herein contained shall be construed or taken to admit any
other or greater title or interest in the lands embraced within the ter¬
ritories described in said Treaty with said tribes or bands of Indians
than existed in them upon the acquisition of said territories from
Mexico by the laws thereof.

TREATY WITH SHOSHONI— NORTHWESTERN BANDS, 1863.

Article s of agreement made at Box Elder , in Utah Territory , this
thirtieth day of July , A. I). one thousand eight hundred and sixty -
three , by and between the United States of America , represented
by Brigadier - General JP. Edward Connor , commanding the military
district of Utah , and James Duane Doty., commissioner , and the
northwestern bands of the Shoshonee Indians , represented by their
chiefs and warriors:

Article 1. It is agreed that friendly and amicable relations shall be
re-established between the bands of the Shoshonee Nation, parties
hereto, and the United States, and it is declared that a firm and per¬
petual peace shall be henceforth maintained between the said bands
and the United States.

Article 2. The treaty concluded at Fort Bridger on the 2nd day of
July, 1863, between the United States and the Shoshonee Nation,
being read and fully interpreted and explained to the said chiefs and
warriors, they do hereby give their full and free assent to all of the
provisions of said treaty, and the same are hereby adopted as a part of
this agreement, and the same shall be binding upon the parties hereto.

Article 3. In consideration of the stipulations in the preceding
articles, the United States agree to increase the annuity to the Sho¬
shonee Nation five thousand dollars, to be paid in the manner provided

TREATY WITH WESTERN SHOSHONI, 1863.

651

in said treaty. And the said northwestern bands hereby acknowledge
to have received of the United States, at the signing of these articles,
provisions and goods to the amount of two thousand dollars, to relieve
their immediate necessities, the said bands having been reduced by the
war to a state of utter destitution.

Article 4. The country claimed by Pokatello, for himself and his
people, is bounded on the west by Raft River and on the east by the
Porteneuf Mountains.

Article 5. Nothing herein contained shall be construed or taken to
admit any other or greater title or interest in the lands embraced
within the territories described in said treaty in said tribes or bands
of Indians than existed in them upon the acquisition of said territories
from Mexico by the laws thereof.

TREATY WITH WESTERN SHOSHONI, 1863.

Treaty of Peace and Friendship made at Ruby Valley, in the Territory
of Nevada, this first day of October, A. D. one thousand eight hun¬
dred and sixty -three, between the United States of America, repre¬
sented by the undersigned commissioners, and the Western Bands of
the Shoshonee Nation of Indians, represented by their Chiefs and
Principal Men and Warriors , as follows:

Article 1.

Peace and friendship shall be hereafter established and maintained
between the Western Bands of the Shoshonee nation and the people
and Government of the United States; apd the said bands stipulate and
agree that hostilities and all depredations upon the emigrant trains,
the mail and telegraph lines, and upon the citizens of the United States
within their country, shall cease.

Article 2.

The several routes of travel through the Shoshonee country, now or
hereafter used by white men, shall be forever free, and unobstructed
by the said bands, for the use of the government of the United States,
and of all emigrants and travellers under its authority and protection,
without molestation or injury from them. And if depredations are at
any time committed by bad men of their nation, the offenders shall be
immediately taken and delivered up to the proper officers of the United
States, to be punished as their offences shall deserve; and the safety
of all travellers passing peaceably over either of said routes is hereby
guarantied by said bands.

Military posts may be established by the President of the United
States along said routes or else were in their country; and station houses
may be erected and occupied at such points as may be necessary for
the comfort and convenience of travellers or for mail or telegraph
companies.

Article 3.

The telegraph and overland stage lines having been established and
operated by companies under the authority of the United States through
a part of the Shoshonee country, it is expressly agreed that the same
may be continued without hindrance, molestation, or injury from the
people of said bands, and that their property and the lives and prop¬
erty of passengers in the stages and of the employes of the respective
companies, shall be protected by them. And further, it being under¬
stood that provision has been made by the government of the United

Receipt.

Boundary of Poka-
tello’s country.

Oct. 1, 1863.

18 Stats., 689.

Ratified, with
amendment, June 26,
1866.

Amendment agreed
to June 17, 1869.

Proclaimed Oct. 21,
1869.

Peace established;
depredations to cease.

Routes of travel; of¬
fenders; safety of trav¬
elers.

Military posts; sta¬
tions.

Telegraph and over¬
land stage lines.

652

TREATY WITH WESTERN SHOSHONI, 1863.

Railway.

Explorations, mines,
settlements, use of
timber.

Boundaries of west¬
ern bands of Shosho-

Reservations may
be established.

Annuity, accept¬
ance of, as compensa¬
tion for loss of game.

Presents acknowl¬
edged.

States for the construction of a railway from the plains west to the
Pacific ocean, it is stipulated by the said bands that the said railway
or its branches may be located, constructed, and operated, and without
molestation from them, through any portion of country claimed or
occupied by them.

Article 4.

It is further agreed by the parties hereto, that the Shoshonee country
may be explored and prospected for gold and silver, or other minerals;
and when mines are discovered, they may be worked, and mining and
agricultural settlements formed, and ranches established whenever
they may be required. Mills may be erected and timber taken for
their use, as also for building and other purposes in any part of the
country claimed by said bands.

Article 5.

It is understood that the boundaries of the country claimed and
occupied by said bands are defined and described by them as follows:

On the north by Wong-goga-da Mountains and Shoshonee River
Valley; on the west by Su-non-to-yah Mountains or Smith Creek
Mountains; on the south by Wi-co-bah and the Colorado Desert; on
the east by Po-ho-no-be Valley or Steptoe Valley and Great Salt Lake
Valley.

Article 6.

The said bands agree that whenever the President of the United
States shall deem it expedient for them to abandon the roaming life,
which, they now lead, and become herdsmen or agriculturalists, he is
hereb}" authorized to make such reservations for their use as he may
deem necessary within the country above described; and they do also
hereby agree to remove their camps to such reservations as he may
indicate, and to reside and remain therein.

Article 7.

The United States, being aware of the inconvenience resulting to the
Indians in consequence of the driving away and destruction of game
along the routes travelled by white men, and by the formation of agri¬
cultural and mining settlements, are willing to fairly -compensate them
for the same; therefore, and in consideration of the preceding stip¬
ulations, and of their faithful observance by the said bands, the United
States promise and agree to pay to the said bands of the Shoshonee
nation parties hereto, annually for the term of twenty years, the sum
of five thousand dollars in such articles, including cattle for herding
or other purposes, as the President of the United States shall deem
suitable for their wants and condition, either as hunters or herdsmen.
And the said bands hereb}r acknowledge the reception of the said stip¬
ulated annuities as a full compensation and equivalent for the loss of
game and the rights and privileges hereby conceded.

Article 8.

The said bands hereby acknowledge that they have received from
said commissioners provisions and clothing amounting to five thou¬
sand dollars as presents at the conclusion of this treaty.

TREATY WITH THE CHIPPEWA - RED LAKE AND PEMBINA BANDS, 1863.

653

TREATY WITH THE CHIPPEWA— RED LAKE AND PEMBINA
BANDS, 1863.

Articles of a treaty made and concluded at the Old Crossing of Red
Lake River , in the State of Minnesota, on the second day of October ,
in the year eighteen hundred and sixty-three , between the United
States of America , by their commissioners , Alexander Ramsey and
Ashley C. Morrill , agent for the Chippewa Indians , and the Red
lake and Pembina bands of Chippewas / by their chiefs , head-men ,
and warriors.

Article 1. The peace and friendship now existing1 between the
United States and the Red Lake and Pembina bands of Chippewa
Indians shall be perpetual.

Article 2. The said Red Lake and Pembina bands of Chippewa
Indians do hereby cede, sell, and convey to the United States all their
right, title, and interest in and to all the lands now owned and claimed
by them in the State of Minnesota and in the Territory of Dakota
within the following described boundaries, to wit: Beginning at the
point where the international boundary between the United States and
the British possessions intersects the shore of the Lake of the Woods;
thence in a direct line southwesterly to the head of Thief River; thence
down the main channel of said Thief River to its mouth on the Red
Lake River; thence in a southeasterly direction, in a direct line toward
the head of Wild Rice River, to the point where such line would inter¬
sect the northwestern boundary of a tract ceded to the United States
by a treaty concluded at Washington on the 22d da}7 of February, in
the year eighteen hundred and fifty -five, with the Mississippi, Pil¬
lager, and Lake W innebigoshish bands of Chippewa Indians; thence
along the said boundary-line of the said cession to the mouth of Wild
Rice River; thence up the main channel of the Red River to the mouth
of the Shayenne; thence up the main channel of the Shayenne River
to Poplar Grove; thence in a direct line to the Place of Stumps, other¬
wise called Lake Chicot; thence in a direct line to the head of the main
branch of Salt River; thence in a direct line due north to the point
where such line would intersect the international boundary aforesaid;
thence eastwardly along said boundary to the place of beginning.

Article 3. In consideration of the foregoing cession, the United
States agree to pay to the said Red Lake and Pembina bands of Chip¬
pewa Indians the following sums, to wit: Twenty thousand dollars per
annum for twenty years; the said sum to be distributed among the
Chippewa Indians of the said bands in equal amounts per capita, and
for this purpose an accurate enumeration and enrollment of the mem¬
bers of the respective bands and families shall be made by the officers
of the United States: Provided , That so much of this sum as the Presi¬
dent of the United States shall direct, not exceeding five thousand
dollars per year, may be reserved from the above sum, and applied to
agriculture, education, the purchase of goods, powder, lead, &c., for
their use, and to such other beneficial purposes, calculated to promote
the prosperity and happiness of the said Chippewa Indians, as he may
nrescribe.

Article 4. And in further consideration of the foregoing cession,
and of their promise to abstain from such acts in future, the United
States agree that the said Red Lake and Pembina bands of Chippewa
Indians shall not be held liable to punishment for past offences. And
in order to make compensation to the injured parties for the depreda¬
tions committed by the said Indians on the goods of certain British and
American traders at the mouth of Red Lake River, and for exactions
forcibly levied by them on the proprietors of the steamboat plying on
the Red River, and to enable them to pay their just debts, the United

Oct. 2, 1863.

13 Stats., p. 667.

Ratified, with
amendments, Mar. 1,
1864.

Amendments agreed
to, Apr. 12, 1864.

Proclamation, May
5, 1864.

Perpetual peace and
friendship.

Lands ceded to the
United States.

Boundaries.

Payment for lands
ceded.

Proviso.

Amount reserved.

Amnesty for past
offenses.

Appropriation for
former depredations.

654

TEEATY WITH THE CHIPPEWA - RED LAKE AND PEMBINA BANDS, 1863.

audited?’ how to be States agree to appropriate the sum of one hundred thousand dollars,
it being understood and agreed that the claims of individuals for dam¬
ages or debt under this article shall be ascertained and audited, in
consultation with the chiefs of said bands, by a commissioner or com¬
missioners appointed by the President of the United States; further-
pow^er^ea^etc*01 more? the sum of two thousand dollars shall be expended for powder,
lead, twine, or such other beneficial purposes as the chiefs may request,
to be equitably distributed among the said bands at the first payment:
Provided , That no part of the sum of one hundred thousand dollars
shall be appropriated or paid to make compensation for damages or for
the payment of any debts owing from said Indians until the said com¬
missioner or commissioners shall report each case, with the proofs
thereof, to the Secretary of the Interior, to be submitted to Congress,
with his opinion thereon, for its action; and that, after such damages
and debts shall have been paid, the residue of said sum shall be added
to the annuity funds of said Indians, to be divided equally upon said
annuities.

encouraP?athenadoto Article 5. To encourage and aid the chiefs of said bands in pre-
«on°of habits of civu^ serving order and inducing, by their example and advice, the members
ized life. of their respective bands to adopt the habits and pursuits of civilized

life, there shall be paid to each of the said chiefs annually, out of the
annuities of the said bands, a sum not exceeding one hundred and
fifty dollars, to be determined by their agents according to their
respective merits. And for the better promotion of the above objects,
a further sum of five hundred dollars shall be paid at the first pay¬
ment to each of the said chiefs to enable him to build for himself a
For road from Leach house. Also, the sum of five thousand dollars shall be appropriated
Lake to Red Lake. the United States for cutting out a road from Leach Lake to Red

Lake.

Board of visitors;
their appointment,
duty, pay.

Spirituous liquors
prohibited.

Grant of 160 acres of
land to certain of
these Indians.

Article 6. The President shall appoint a board of visitors, to con¬
sist of not less than two nor more than three persons, to be selected
from such Christian denominations as he may designate, whose duty
it shall be to attend at all annuity payments of the said Chippewa
Indians, to inspect their field and other improvements, and to report
annually thereon on or before the first day of November, and also as
to the qualifications and moral deportment of all persons residing upon
the reservation under the authority of law; and they shall receive for
their services five dollars a day for the time actually employed, and
ten cents per mile for travelling expenses: Provided , That no one
shall be paid in any one year for more than twenty days’ service or
for more than three hundred miles’ travel.

Article 7. The laws of the United States now in force, or that may
hereafter be enacted, prohibiting the introduction and sale of spiritu¬
ous liquors in the Indian country, shall be in full force and effect
throughout the country hereby ceded, until otherwise directed by
Congress or the President of the United States.

Article 8. In further consideration of the foregoing cession, it is
hereby agreed that the United States shall grant to each male adult
half-breed or mixed-blood who is related by blood to the said Chip-
pewas of the said Red Lake or Pembina bands who has adopted the
habits and customs of civilized life, and who is a citizen of the United
States, a homestead of one hundred and sixty acres of land, to be
selected at his option, within the limits of the tract of country hereby
ceded to the United States, on any land not previously occupied by
actual settlers or covered by prior grants, the boundaries thereof to
be adjusted in conformity with the lines of the official surveys when
the same shall be made, and with the laws and regulations of the
United States affecting the location and entry of the same: Provided ,
That no scrip shall be issued under the provisions of this article, and
no assignments shall be made of any right, title, or interest at law or

TREATY WITH TTTAHS- — TABEGUACHE BAND, 1863.

655

in equity until a patent shall issue, and no patent shall be issued until
due proof of five years’ actual residence and cultivation, as required
by the act entitled ‘ ‘An act to secure homesteads on the public domain. ”

Article 9. Upon the urgent request of the Indians, parties to this Reservations of 640
treaty, there shall be set apart from the tract hereby ceded a reserva- acles each for the
tion of (640) six hundred and forty acres near the mouth of Thief aSdRedSr. Dung
River for the chief “Moose Dung,” and a like reservation of (640)
six hundred and forty acres for the chief “Red Bear,” on the north
side of Pembina River.

TREATY WITH TJTAHS — TABEGUACHE BAND, 1863. Oct. 7, ms.

13 Stat., p. 673.

Whereas the Tabeguache band of Utah Indians claim as against all amendments’, mS!S{
other Indian tribes an exclusive right to the following-described country 1884-
as their lands and hunting grounds within the territory of the United toAocetn8ni864Sagree<i
States of America, being bounded and described as follows, to wit: i4Pi864.amatlon’ Dec'

“Beginning on the 37th degree of north latitude, at the eastern base ^boundaries of land,
of the Sierra Madre Mountain; running thence northerly with the base 6 °’
of the Rocky Mountains to the forty first parallel of north latitude;
thence west with the line of said forty-first parallel of north latitude
to its intersection with the summit of the Snowy range northwest of
the North Park; thence with the summit of the Snowy range southerly
to the Rabbit-Ear Mountains ; thence southerly with the summit of said
Rabbit-Ear range of mountains, west of the Middle Park, to the Grand
River; thence with the said Grand River to its confluence with the
Gunnison River; thence with the said Gunnison River to the mouth of
the Uncompahgre River; thence with the said Uncompahgre River to
its source in the summit of the Snowy range, opposite the source of
the Rio Grande del Norte; thence in a right line south to the summit
of the Sierra La Plata range of mountains, dividing the waters of the
San Juan River from those of the Rio Grande del Norte; thence with
the summit of said range southeasterly to the thirty-seventh parallel of
north latitude; thence with the line of said parallel of latitude to the
place of beginning:”

The President of the United States of America, by John Evans,
governor of Colorado Territory, and ex-officio superintendent of Indian
affairs for the same; Michael Steck, superintendent of Indian affairs
for the Territory of New Mexico; Simeon Whiteley and Lafayette
Head, Indian agents, duly authorized and appointed as commissioners
for the purpose, of the one part, and the undersigned chiefs and war¬
riors of the Tabeguache band of Utah Indians, of the other part, have
made and entered into the following treaty, which, when ratified by
the President of the United States, by and with the advice and consent
of the Senate, shall be binding on both parties, to wit:

Article 1. It is admitted by the Tabeguache band of Utah Indians Authority of the
that they reside within the territorial limits of the United States, te“te tates a mit’
acknowledging their supremacy, and claim their protection. The said
band also admits the right of the United States to regulate all trade
and intercourse with them.

Article 2. Said Tabeguache band of Utah Indians hereby cede, cession of lands,
convey, and relinquish all of their claims, right, title, and interest in
and to any and all lands within the territory of the United States,
wherever situated, excepting that which is included within the following
boundaries, which are hereby reserved as their hunting-grounds, viz:

Beginning at the mouth of the Uncompahgre River; thence down Boundary.
Gunnison River to its confluence with Bunkara River; thence up the
Bunkara River to the Roaring Fork of the same; thence up the Roaring
Fork to its source; thence along the summit of the range dividing the
waters of the Arkansas from those of the Gunnison River to its inter-

656

TREATY WITH UTAHS - TABEGUACHE BAND, 1863.

Military posts may
be established on
lands not ceded.

Mining.

Mohuache band of
Utahs.

Protection to be
given to certain per¬
sons.

Redress of injuries.

Delivery of offend-

Recovery of stolen
property.

Surrender of white
men.

section with the range dividing the waters of the San Luis Valley from
those of the Gunnison’s Fork of the Great Colorado River; thence
along the summit of said range to the source of the Uncompahgre
River; thence from said source and down the main channel of said
Uncompahgre River to its mouth, the place of beginning. Nothing
contained in this treaty shall be construed or taken to admit on the part
of the United States any other or greater title or interest in the lands
above excepted and reserved in said tribe or band of Indians than existed
in them upon the acquisition of said Territory from Mexico by the laws
thereof.

Article 3. And it is further agreed that the United States shall
have the right to establish one or more military posts, with Jtheir need¬
ful reservations, upon the lands and hunting-grounds not ceded by the
Tabeguache band in this treaty; also the right to locate, construct, and
maintain railroads and other roads and highways through the same,
and along the routes of United States mail-lines, at suitable points, to
establish and maintain stations.

Any citizen of the United States may mine, without interference or
molestation, in any part of the country hereby reserved to said Indians
where gold or other metals or minerals may t>e found.

Article 4. And the said Tabeguache band hereby gives its consent
that the Mohuache band of Utah Indians may also be settled with them
upon the lands and hunting-grounds reserved in this treaty.

Article 5. And the said Tabeguache band further agrees to give
safe-conduct to all persons who may be legally authorized by the
United States to pass through their reservation, and to protect in their
persons and property all agents or other persons sent by the United
States to reside temporarily among them.

Article 6. That the friendship which is now established between
the United States and the Tabeguache band of Utah Indians should
not be interrupted by the misconduct of individuals, it is hereby agreed
that for injuries done no private revenge or retaliation shall take
place, but, instead thereof, complaint shall be made by the party
injured to the superintendent or agent of Indian affairs, or other per¬
son appointed by the President. And it shall be the duty of the chiefs
of said Tabeguache band, upon complaint being made as aforesaid, to
deliver up the person or persons against whom the complaint is made,
to the end that he or they may be punished agreeably to the laws of
the United States. And in like manner, if any robbery, violence, or
murder shall be committed on any Indian or Indians belonging to said
band, the person or persons so offending shall be tried, and if found
guilty, shall be punished in like manner as if the injury had been done
to a white man. And it is agreed that the chiefs of said Tabeguache
band shall, to the utmost of their power, exert themselves to recover
horses or other property which may be stolen or taken from any citi¬
zen or citizens or white residents of the United States by any individual
or individuals of said band; and the property so recovered shall be
forthwith delivered to the agents or other persons authorized to receive
it, that it may be restored to the proper owner. And for such prop¬
erty as any Indian or Indians belonging to said band may have taken
from citizens or white residents of the United States which cannot be
restored, payment shall be reserved from the annuities which the said
band is to receive, upon sufficient proof of the fact. And the United
States hereby guarantee to any Indian or Indians of said band a full
indemnification for any horses or other property which may be stolen
from them by any of their citizens or white residents: Provided , That
the property so stolen cannot be recovered, and that sufficient proof is
produced that it was actually stolen by a citizen or white resident of
the United States. And the said Tabeguache band engages, on the
requisition or demand of the President of the United States, or of the
agents, to deliver up any white man resident among them.

TEE AT Y WITH SHOSHONI-GOSHIPS, 1863.

657

Article 7. And the chiefs and warriors as aforesaid promise and
engage their band will never, by sale, exchange, or as presents, supply
any nation or tribe of Indians, not in amity with the United States,
with guns, ammunition, or other implements of war.

Article 8. For the period of ten years the said band shall receive,
annually, by such distribution as the Secretary of the Interior may
direct, ten thousand dollars’ worth of goods, and also ten thousand
dollars’ worth of provisions.

Article 9. For the purpose of improving their breed of horses, the
band shall receive five American stallions the first year after the rati¬
fication of this treaty.

Article 10. That in case the chiefs of said band shall announce to
the agent a willingness and determination on their part, and on the
part of their people, to begin and follow agricultural or pastoral pur¬
suits by farming or raising stock, and growing wool upon such lands
to be selected and set apart within said reservation, and according to
such regulations as the Secretary of the Interior may prescribe, they
shall receive the following donations of stock to aid them in their
endeavor to gain a livelihood by such new pursuits, viz:

Of cattle, not exceeding one hundred and fifty head annually during
five years, beginning with the ratification of this treaty.

Of sheep, not exceeding one thousand head annually during the first
two years after the ratification of this treaty, and five hundred head
annually during the three years thereafter.

The Secretary of the Interior may alsp direct that their share of
annuity goods and provisions shall be of a character suited to such
change of life: Provided , however , That such stock shall only be
donated as long as such chiefs shall in good faith keep and use the
same for the purpose indicated in this article, and provided that the
amount expended under this article shall not exceed ten thousand dol¬
lars annually.

All the Indians of said band who may adopt and conform to the pro¬
visions of this article shall be protected in the quiet and peaceable
possession of their said lands and property.

The Government also agrees to establish and maintain a blacksmith-
shop, and employ a competent blacksmith, for the purpose of repair¬
ing the guns and agricultural implements which may be used by said
band of Indians.

TREATY WITH SH0SH0NI-G0SHIPS, 1863.

Treaty of peace and f riendship made at Tuilla Valley , in the Territory
of Utah, this twelfth day of October , A. I). one thousand eight hun¬
dred and sixty-three, between the United States of America, repre¬
sented by the undersigned commissioners , and the Shoshonee- Goship
bands of Indians , represented by their chiefs, principal men, and
warriors, as follows:

Article 1. Peace and friendship is hereby established and shall be
hereafter maintained between the Shoshonee-Goship bands of Indians
and the citizens and Government of the United States; and the said
bands stipulate and agree that hostilities and all depredations upon the
emigrant trains, the mail and telegraph lines, and upon the citizens
of the United States, within their country, shall cease.

Article 2. It is further stipulated by said bands that the several
routes of travel through their country now or hereafter used by white
men shall be forever free and unobstructed by them, for the use of the
Government of the United States, and of all emigrants and travellers
within it under its authority and protection, without molestation or

Munitions of war.

Annuity.

Horses.

Donations of stock.

Blacksmith and
shop.

Oct. 12, 1863.

13 Stats., p. 681.
Ratified, with
amendment, Mar. 7,
1864.

Amendment agreed
to, Nov. 24. 1864.

Proclamation Jan.
17, 1865. .

Peace and friend¬
ship.

Routesthrough their
country to be free and
peaceful.

S. Doc. 452 — —42

658

TREATY WITH SHOSHONI-GOSHIPS, 1863.

Surrender of offend¬
ers.

Military posts and
station houses.

T elegraph and over¬
land stage lines.

Railwayand branch¬
es.

Mines, mills, and
ranches.

Timber.

Boundaries.

Reservations.

Residence thereon.

Annuities.

Cattle.

Receipt.

injury from them. And if depredations are at any time committed by
bad men of their own or other tribes within their country, the offend¬
ers shall be immediately taken and delivered up to the proper officers
of the United States, to be punished as their offences may deserve; and
the safety of all travellers passing peaceably over either of said routes
is hereby guaranteed by said bands.

Military posts may be established by the President of the United
States along said routes, or elsewhere in their country; and station-
houses may be erected and occupied at such points as may be necessary
for the comfort and convenience of travellers or for the use of the mail
or telegraph companies.

Article 3. The telegraph and overland stage lines having been estab¬
lished and operated by companies under the authority of the United
States through the country occupied by said bands, it is expressly
agreed that the same may be continued without hindrance, molestation,
or injury from the people of said bands, and that their property, and
the lives and property of passengers in the stages, and of the employees
of the respective companies, shall be protected by them.

And further, it being understood that provision has been made by
the Government of the United States for the construction of a railway
from the plains west to the Pacific Ocean, it is stipulated by said bands
that the said railway or its branches may be located, constructed, and
operated, and without molestation from them, through any portion of
the country claimed or occupied by them.

Article 4. It is further agreed by the parties hereto that the coun¬
try of the Goship tribe may be explored and prospected for gold and
silver, or other minerals and metals; and when mines are discovered
they may be worked, and mining and agricultural settlements formed
and ranchos established wherever they may be required. Mills may
be erected and timber taken for their use, as also for building and other
purposes, in any part of said country.

Article 5. It is understood that the boundaries of the country claimed
and occupied by the Goship tribe, as defined and described by said
bands, are as follows: On the north by the middle of the Great Desert;
on the west by Steptoe Valley; on the south by Tooedoe or Green
Mountains; and on the east by Great Salt Lake, Tuilla, and Rush
Valleys.

Article 6. The said bands agree that whenever the President of the
United States shall deem it expedient for them to abandon the roam¬
ing life which they now lead, and become settled as herdsmen or agri¬
culturists, he is hereby authorized to make such reservations for their
use as he may deem necessary ; and they do also agree to remove their
camps to such reservations as he may indicate, and to reside and remain
thereon.

Article 7. The United States being aware of the inconvenience
resulting to the Indians, in consequence of the driving away and destruc¬
tion of game along the routes travelled by white men, and by the for¬
mation of agricultural and mining settlements, are willing to fairly
compensate them for the same. Therefore, and in consideration of
the preceding stipulations, and of their faithful observance by said
bands, the United States promise and agree to pay to the said Goship
tribe, or to the said bands, parties hereto, at the option of the Presi¬
dent of the United States, annually, for the term of twenty years, the
sum of one thousand dollars, in such articles, including cattle for
herding or other purposes, as the President shall deem suitable for
their wants and condition either as hunters or herdsmen. And the
said bands, for themselves and for their tribe, hereby acknowledge the
reception of the said stipulated annuities as a full compensation and
equivalent for the loss of game and the rights and privileges hereby
conceded; and also one thousand dollars in provisions and goods at and
before the signing of this treaty.

659

TREATY WITH CHIPPEWA - RED LAKE AND PEMBINA BANDS, 1864.

Article 8. Nothing herein contained shall be construed or taken to
admit an}- other or greater title or interest in the lands embraced
within the territories described in said treaty in said tribes or bands of
Indians than existed in them upon the acquisition of said territories
from Mexico by the laws thereof.

TREATY WITH CHIPPEWA— RED LAKE AND PEMBINA BANDS,

1864.

Articles supplementary to the treaty made and concluded at the- Old APr.i2,i864.
Crossmg of Red Lake River , in the State of Minnesota, on the sec- is stat., p. 689.
ond day of October , in the year eighteen hundred and sixty-three , i8&iatlfied Apr' 21’
between the United States of America , by their commissioners , Clark 25Pi8064lamati0u Apr-
W. Thompson and Ashley C. Morrill , and the Red Lake and Pern- ' ■
bina bands of Chippewa Indians , by their chiefs , head-men , and
warriors , concluded at the city of Washington , District of Columbia ,
on the twelfth day of April , in the year eighteen hundred and sixty-
' four , between the United States , by the said commissioners , of the one
part , and the said bands of .the Chippewa Lndians , by their chiefs ,
head-men , and warriors , of the other part.

Article 1. The said Red Lake and Pembina bands of Chippewa Assent to treaty of
Indians do hereby agree and assent to the provisions of the said treaty, 2?' 2’ 1863’asamend-
concluded at the Old Crossing of Red Lake River, as amended by the
Senate of the United States by resolution bearing date the first of
March, in the year eighteen hundred and sixty-four.

Article 2. In consideration of the cession made by said treaty, con- Pay-fenth in Jiei1 of
eluded at the Old Crossing of Red Lake River, and in lieu of the treaty/ y ormer
annuity payment provided for by the third article of said last-men¬
tioned treaty, the United States will pay annually, during the pleasure
of the President of the United States, to the Red Lake band of Chip-
pew^as the sum of ten thousand dollars, and to the Pembina band of
Chippewas the sum of five thousand dollars, which said sums shall be
distributed to the members of said bands, respectively, in equal amounts
per capita, for which purpose an accurate enumeration and enrollment
of the members of the respective bands shall be made by the officers

of the United States.

Article 3. The United States will also expend annually, for the
period of fifteen years, for the Red Lake band of Chippewas, for the provisions, etc?
purpose of supplying them with gilling-twine, cotton mater, calico,
linsey, blankets, sheeting, flannels, provisions, farming-tools, and for
such other useful articles, and for such other useful purposes as may
be deemed for their best interests, the sum of eight thousand dollars;
and will expend in like manner, and for a like period, and for like
purposes, for the Pembina band of Chippewas, the sum of four thou¬
sand dollars. _ . n .

Article 4. The United States also agree to furnish said bands of
Indians, for the period of fifteen years, one blacksmith, one physician,
one miller, and one farmer; and will also furnish them annually, dur¬
ing the same period, with fifteen hundred dollars’ worth of iron, steel,
and other articles for blacksmithing purposes, and one thousand dol¬
lars for carpentering, and other purposes. ,.

Article 5. The United States also agree to furnish for said Indians (
at some suitable point, to be determined by the Secretary of the Inte¬
rior, a saw-mill with a run of millstones attached.

Article 6. It is further agreed, by and between the parties hereto
that article four of the said treaty, concluded at the Old Crossing of
Red Lake River, and the amendment to said article, shall be modified
as follows: that is to say, twenty-five thousand dollars of the amount

Blacksmith, physi¬
cian, miller, farmer,
iron, steel, etc.

Sawmill and mill-

Modification of arti¬
cle 4 of former treaty.

660

TREATY WITH CHIPPEWA, ETC., 1864;

thereby stipulated shall be paid to the chiefs of said bands, through
their agent, upon the ratification of these articles, or so soon thereafter
as practicable, to enable them to purchase provisions and clothing,
presents to be distributed to their people upon their return to their
homes; of which amount five thousand dollars shall be expended for
the benefit of their chief, May-dwa-gwa-no-nind; and that from the
remaining seventy-five thousand dollars the claims of injured parties
for depredations committed by said Indians on the goods of certain
British and American traders at the mouth of Red Lake River, and
for exactions forcibly levied by them on the proprietors of the steam¬
boat plying on the Red River, shall have priority of payment, and be
paid in full, and the remainder thereof shall be paid pro rata upon the
debts of said tribe incurred since the first day of January, in the year
eighteen hundred and fifty-nine, to be ascertained by their agent in
connection with the chiefs, in lieu of the commissioner or commission¬
ers provided for in the fourth article of said treaty concluded at the
Old Crossing of Red Lake River.

scrip to issue to Article 7. It is further agreed by the parties hereto, that, in lieu

Sddsbl00ds 111 lieu °f the lands provided for the mixed-bloods by article eight of said
treaty, concluded at the Old Crossing of Red Lake River, scrip shall
be issued to such of said mixed-blood§ as shall so elect, which shall
entitle the holder to a like amount of land, and may be located upon
any of the lands ceded by said treaty, but not elsewhere, and shall be
accepted by said mixed-bloods in lieu of all future claims for annuities.

May 7, 1864.

13 Stat., p. 693.
Ratified, with
amendment, Feb. 9,

Amendment agreed
to, Feb. 14, 1865.

Proclamation Mar.
20, 1865.

Gull Lake and other
reservations ceded to
the United States, ex¬
cept, etc.

Hoi e-in- the -day,
Mis-qua-dace, Shaw-
vosh-kung.

Reservation for the
Chippewa of the Mis¬
sissippi.

Boundaries.

TREATY WITH CHIPPEWA, MISSISSIPPI, AND PILLAGER AND
LAKE WINNIBIGOSHISH BANDS, 1864.

Articles of agreement and convention made and concluded at the city of
Washington this seventh day of May, A. D. 186 A, between William
P. Dole , Commissioner of Indian Affairs , and Clark W. Thompson,
superintendent of Indian affairs for the northern superintendency,
on the part of the United States , and the Chippewa chief Hole-
in-the-day , and Mis-gua-dace, for and on behalf of the Chippewas
of the Mississippi, and Pillager and Lake Winnebagoshish bands of
Chippewa Indians in Minnesota.

Article 1. The reservations known as Gull Lake, Mille Lac, Sandy
Lake, Rabbit Lake, Pokagomin Lake, and Rice Lake, as described in
the second clause of the second article of the treaty with the Chippe¬
was of the twenty-second of February, 1855, are hereby ceded to the
United States, excepting one half section of land, including the mis¬
sion buildings at Gull Lake, which is hereby granted in fee simple to
the Reverend John Johnson, missionary, and one section of land, to
be located by the Secretary of the Interior on the southeast side of
Gull Lake, and which is hereby granted in fee simple to the chief Hole-
in-the-day, and a section to chief Mis-qua-dace, at Sandy Lake, in like
manner, and one section to chief Shaw-vosh-kung, at Mille Lac, in like
manner.

Article 2. In consideration of the foregoing cession, the United
States agree to set apart, for the future home of the Chippewas of the
Mississippi, all the lands embraced within the following-described
boundaries, excepting the reservations made and described in the third
clause of the second article of the said treaty of February 22d, 1855,
for the Pillager and Lake Winnebagoshish bands; that is to say,
beginning at a point one mile south of the most southerly point of
Leach Lake, and running thence in an easterly course to a point one
mile south of the most southerly point of Goose Lake, thence due east
to a point due south from the intersection of the Pokagomin reserva-

TREATY WITH CHIPPEWA, ETC., 1864.

661

tion and the Mississippi River, thence on the dividing-line between
Deer River and lakes and Mashkordens River and lakes, until a point
is reached north of the first-named river and lakes; thence in a direct
line northwesterly to the outlet of Two Routs Lake, then in a south¬
westerly direction to Turtle Lake, thence southwesterly to the head¬
water of Rice River, thence northwesterly along the line of the Red
Lake reservation to the mouth of Thief River, thence down the centre
of the main channel of Red Lake River to a point opposite the mouth
of Black River, thence southeasterly in a direct line with the outlet of
Rice Lake to a point due west from the place of beginning, thence to
the place of beginning.

Article 3. In consideration of the foregoing cession to the United
States, and the valuable improvements thereon, the United States
further agree, first, to extend the present annuities of the Indians, Annuities to be ex¬
parties. to this, treaty, for ten years beyond the periods respectively en e fortenyears-
named in existing treaties; second, and to pay towards the settlement Payment toward
of the claims for depredations committed by said Indians in 1862, the d^tioM^and r fenfe
sum of twenty thousand dollars; third, to the chiefs of the Chippewas chiefs-
of the Mississippi, ten thousand dollars, to be paid upon the ratifica¬
tion of this treaty; and five thousand dollars to the chief Hole-in-the-
day, for depredations committed in burning his house and furniture in
1862.

Article 4. The United States further agree to pay seven thousand . Payments forciear-
five hundred ($7,500) dollars for clearing, stumping, grubbing, break- er va tion.’
ing, and planting, on the reservation hereby set apart for the Chippe- See art 14-
was of the Mississippi, in lots of not less than ten acres each, at such
point or points as the Secretary of the Interior may select, as follows,
viz: For the Gull Lake band, seventy (70) acres; for the Mille Lac
band, seventy (70) acres; for the Sandy Lake band, fifty (50) acres;
for the Pokagomin band, fifty (50) acres; for the Rabbit Lake band,
forty (40) acres; for the Rice Lake band, twenty (20) acres; and to
expend five thousand dollars ($5,000) in building for the chiefs of said Houses for chiefs,
bands one house each, under the direction of the Secretary of the
Interior.

Article 5. The United States agree to furnish to said Indians, a afed

parties to this treaty, ten (10) yoke of good stead}7 work oxen, and merits t0Ube furnished"
twenty log-chains annually for ten years, provided the Indians shall
take proper care of and make proper use of the same; also for the
same period annually two hundred (200) grubbing-hoes, ten (10)
ploughs, ten (10) grindstones, one hundred (100) axes, handled, not to
exceed in weight three and one-half pounds each, twenty (20) spades,
and other farming implements, provided it shall not amount to more
than fifteen hundred dollars in one year; also two carpenters, and two carpenters, biack-
blacksmiths, and four farm-laborers, and one physician. physiciamborers’ m ‘

Article 6. The United States further agree to pay annually one
thousand dollars ($1,000) towards the support of a sawmill to be built sawmm.
for the common use of the Chippewas of the Mississippi and the Red
Lake and Pembina bands of Chippewa Indians, so long as the Presi¬
dent of the United States may deem it necessary; and to expend in
building a road, bridges, &c., to their new agency seven thousand Road, bridges, etc.
five hundred dollars ($7,500;) and to expend for new agency buildings, Buildings,
to be located by the Secretary of the Interior for the. common use of
the Chippewas of the Mississippi, Red Lake, and Pembina, and Pillager
and Lake Winnebagoshish bands of Chippewa Indians, twenty-five
thousand dollars ($25,000.)

Article 7. There shall be a board of visitors, to consist of not less
than two nor more than five persons, to be selected from such Christian payment, make in-
■ denomination or denominations as the chiefs in council may designate, Safe. and report
whose duty it shall be to be present at all annuity payments to the
Indians, whether of goods, moneys, provisions., or other articles, and
to inspect the fields, buildings, mills, and other improvements made or

662

TREATY WITH CHIPPEWA, ETC., 1864.

Pay.

Chiefs with bands of
less than fifty not to be
recognized.

Gratuities.

Agent, teachers, etc. ,
to have families.

Improper persons
not to have benefits of
treaties.

Payment of annui¬
ties.

Preference given to
full or mixed bloods
as laborers.

Indians not to re¬
move from present
reservations until, etc.

Certainfemales may
be paid as teachers.

Proviso.

Provisions for clear¬
ing, etc., lands to be
in lieu of former pro¬
visions. ,

to be made, and to report annually thereon, on or before the first day
of November; and also as to the qualifications and moral deportment
of all persons residing upon the reservation under the sanction of law
or regulation, and they shall receive for their services five dollars per
day for the time actually employed, and ten cents per mile for travel¬
ling expenses; Provided , That no one shall be paid in any one year
for more than twenty days’ service, or for more than three hundred
miles’ travel.

Article 8. No person shall be recognized as a chief whose band
numbers less than fifty persons; and to encourage and aid the said
chiefs in preserving order, and inducing by their example and advice,
the members of their respective bands to adopt the pursuits of civilized
life, there shall be paid to each of said chiefs annually out of the
annuities of said bands, a sum not exceeding one hundred and fifty
dollars, ($150,) to be determined by their agent according to their
respective merits.

Article 9. To improve the morals and industrial habits of said
Indians, it is agreed that no agent, teacher, interpreter, trader, or
other employees shall be employed, appointed, licensed, or permitted
to reside within the reservations belonging to the Indians, parties to
this treaty, missionaries excepted, who shall not have a family residing
with them at their respective places of employment or trade within
the agency, whose moral habits and fitness shall be reported upon
annually by the board of visitors; and no person of full or mixed
blood, educated or partially educated, whose fitness, morally or other¬
wise, is not conducive to the welfare of said Indians, shall receive any
benefit from this or any former treaties, and may be expelled from
the reservation.

Article 10. All annuities under this or former treaties shall be
paid as the chiefs in council may request, with the approval of the
Secretary of the Interior, until otherwise altered or amended, which
shall be done whenever the board of visitors, by the requests of the
chiefs, may recommend it: Provided That no change shall take place
oftener than once in two years.

Article 11. "Whenever the services of laborers are required upon
the reservation, preference shall be given to full or mixed bloods, if
they shall be found competent to perform them.

Article 12. It shall not be obligatory upon the Indians, parties to
this treaty, to remove from their present reservations until the United
States shall have first, complied with the stipulations of Articles IV
and VI of this treaty, when the United States shall furnish them with
all necessary transportation and subsistence to their new homes and
subsistence for six months thereafter: Provided , That, owing to the
heretofore good conduct of the Mille Lac Indians, they shall not be’
compelled to remove so long as they shall not in any way interfere
with or in any manner molest the persons or property of the whites:
Provided , That those of the tribe residing on the Sandy Lake reserva¬
tion shall not be removed until the President shall so direct.

Article 13. Female members of the family of any government
employe[e] residing on the reservation, who shall teach Indian girls
domestic economy, shall be allowed and paid a sum not exceeding ten
dollars per month while so engaged: Provided , That not more than one
thousand dollars shall be so expended during any one year, and that
the President of the United States may suspend or annul this article
whenever he may deem it expedient to do so.

Article 14. It is distinctly understood and agreed that the clearing
and breaking of land for the Chippewas of the Mississippi, as pro¬
vided for in the fourth article of this treaty, shall be in lieu of all
former engagements of the United States as to the breaking of lands
for those bands, and that this treaty is in lieu of the treaty made by
the same tribes, approved March 11th, 1863.

TREATY WITH THE KLAMATH, ETC., 1864.

663

TREATY WITH THE KLAMATH, ETC., 1864.

Articles of agreement and convention made and concluded at Klamath _ _ 0ct- 14’ 1864-_

Lake, Oregon , on the fourteenth day of October, A. D. one thousand Kmed,7°iith
eight hundred and sixty -four, by J. W. Perit Huntington, superin- amendments, July 2,
tendent of Indian a fairs in Oregon , and William Logan , United Amendments agreed
States Indian agent for Oregon, on the part of the United States, t<?p?oecTaimed6Feb. i7,‘
and the chiefs and head-men of the Klamath and Moadoc tribes, 1870-
and Yahooskin band of Snake Indians, hereinafter named, to icit,

La-Lake, Chil-o-gue-nas, Kellogue, Mo-ghen-kas-kit , Blow, Le-lu,

Palmer, Jack, Que-as, Poo-sak-sult, Ghe-mult, No-ak-sum, Mooch-
kat-allick, Toon-tuck-tee, Boos-ki-you , Ski-a-tic , Shol-las-loos, Ta-
tet-vas, Muk-has, Herman-koos-mam , chiefs and head-men of the
Klamaths,’ Schon-chin, Stak-it-ut, Keint-poos, Ohuck-e-i-ox , chiefs
and head-men of the Moadocs, and Kile-to-ak and Sky-te-ock-et,
chiefs of the Yahooskin band of Snakes.

Article 1. The tribes of Indians aforesaid cede to the United States
all their right, title, and claim to all the country claimed by them, the
same being determined by the following boundaries, to wit: Beginning
at the point where the forty-fourth parallel of north latitude crosses
the summit of the Cascade Mountains; thence following the main
dividing-ridge of said mountains in a southerly direction to the ridge
which separates the waters of Pitt and McCloud Rivers from the waters
on the north; thence along said dividing- ridge in an easterly direction
to the southern end of Goose Lake; thence northeasterly to the north¬
ern end of Harney Lake; thence due north to the forty -fourth parallel
of north latitude; thence west to the place of beginning: Provided,
That the following-described tract, within the country ceded by this
treaty, shall, until otherwise directed by the President of the United
States, be set apart as a residence for said Indians, [and] held and
regarded as an Indian reservation, to wit: Beginning upon the eastern
shore of the middle Klamath Lake, at the Point of Rocks, about twelve
miles below the mouth of Williamson’s River; thence following up
said eastern shore to the mouth of Wood River; thence up W ood River
to a point one mile north of the bridge at Fort Klamath; thence due
east to the summit of the ridge which divides the upper and middle
Klamath Lakes; thence along said ridge to a point due east of the north
end of the upper lake; thence due east, passing the said north end of
the upper lake, to the summit of the mountains on the east side of the
lake; thence along said mountain to the point where Sprague’s River
is intersected by the Ish-tish-ea-wax Creek; thence in a southerly
direction to the summit of the mountain, the extremity of which forms
the Point of Rocks; thence along said mountain to the place of begin¬
ning. And the tribes aforesaid agree and bind themselves that, imme¬
diately after the ratification of this treaty, they will remove to said
reservation and remain thereon, unless temporary leave of absence be
granted to them by the superintendent or agent having charge of the

It is further stipulated and agreed that no white person shall be per¬
mitted to locate or remain upon the reservation, except the Indian
superintendent and agent, employes of the Indian department, and
officers of the Army of the United States, and that in case persons
other than those specified are found upon the reservation, they shall
be immediately expelled therefrom; and the exclusive right of taking
fish in the streams and lakes, included in said reservation, and of gath¬
ering edible roots, seeds, and berries within its limits, is hereby secured
to the Indians aforesaid: Provided, also, That the right of way for public
roads and railroads across said reservation is reserved to citizens of the

Cession of lands to
the United States.

Boundaries.

Reservation.

Boundaries.

Indians to remove
to and live upon the
reservation.

White persons not
to remain on reserva-

Right of way for
railroads.

United States.

664

TREATY WITH THE KLAMATH, ETC., 1864.

Payments by the
United States. ,

Howto be expended.

Additional payment
and for what purpose.

Mills and shops to
be erected.

Schoolhouse and
hospital.

Tools, books, and
stationery.

Farmer, mechanics,
and teachers.

Reservation may be
surveyed into tracts
and assigned to heads
of families and single
persons.

Not to be alienated
nor subject to levy,
etc.

Restrictions may be
removed.

Forfeiture.

Article 2. In consideration of, and in payment for the country ceded
by this treaty, the United States agree to pay to the tribes conveying
the same the several sums of money hereinafter enumerated, to wit:
Eight thousand dollars per annum for a period of five years, commenc¬
ing on the first day of October, eighteen hundred and sixty-five, or as
soon thereafter as this treaty may be ratified; five thousand dollars per
annum for the term of five years next succeeding the first period of five
.years; and three thousand dollars per annum for the term of five years
next succeeding the second period; all of which several sums shall be
applied to the use and benefit of said Indians by the superintendent or
agent having charge of the tribes, under the direction of the President
of the United States, who shall, from time to time, in his discretion,
determine for what objects the same shall be expended, so as to carry
out the design of the expenditure, [it] being to promote the well-being
of the Indians, advance them in civilization, and especially agriculture,
and to secure their moral improvement and education.

Article 3. The United States agree to pay said Indians the addi¬
tional sum of thirty-five thousand dollars, a portion whereof shall be
used to pay for such articles as may be advanced to them at the time
of signing this treaty, and the remainder shall be applied to subsisting
the Indians during the first year after their removal to the reserva¬
tion, the purchase of teams, farming implements, tools, seeds, clothing,
and provisions, and for the payment of the necessary employes.

Article 4. The United States further agree that there shall be erected
at suitable points on the reservation, as soon as practicable after the
ratification of this treaty, one saw-mill, one flouring-mill, suitable build¬
ings for the use of the blacksmith, carpenter, and wagon and plough
maker, the necessar}^ buildings for one manual-labor school, and such
hospital buildings as may be necessary, which buildings shall be kept
in repair at the expense of the United States for the term of twenty
years; and it is further stipulated that the necessary tools and mate¬
rial for the saw-mill, flour-mill, carpenter, blacksmith, and wagon and
plough maker’s shops, and books and stationery for the manual-labor
school, shall be furnished by the United States for the period of twenty
years.

Article 5. The United States further engage to furnish and pay
for the services and subsistence, for the term of fifteen years, of one
superintendent of farming operations, one farmer, one blacksmith,
one sawyer, one carpenter, and one wagon and plough maker, and for
the term of twenty years of one physician, one miller, and two school¬
teachers.

Article 6. The United States may, in their discretion, cause a part
or the whole of the reservation provided for in Article 1 to be sur¬
veyed into tracts and assigned to members of the tribes of Indians,
parties to this treaty, or such of them as may appear likely to be
benefited by the same, under the following restrictions and limita¬
tions, to wit: To each head of a family shall be assigned and granted
a tract of not less than forty nor more than one hundred and twenty
acres, according to the number of persons in such family; and to each
single man above the age of twenty-one years a tract not exceeding
forty acres. The Indians to whom these tracts are granted are
guaranteed the perpetual possession and use of the tracts thus granted
and of the improvements which may be placed thereon; but no Indian
shall have the right to alienate or convey any such tract to any per¬
son whatsoever, and the same shall be forever exempt from levy, sale,
or forfeiture: Provided, That the Congress of the United States may
hereafter abolish these restrictions and permit the sale of the lands so
assigned, if the prosperity of the Indians will be advanced thereby:
And provided further , If any Indian, to whom an assignment of land
has been made, shall refuse to reside upon the tract so assigned for a
period of two years, his right to the same shall be deemed forfeited.

TREATY WITH CHIPPEWA OF SAGINAW, ETC., 1864.

665

Article 7. The President of the United States is empowered to
declare such rules and regulations as will secure to the family, in case
of the death of the head thereof, the use and possession of ‘the tract
assigned to him, with the improvements thereon.

Article 8. The annuities of the tribes mentioned in this treaty shall
not be held liable or taken to pay the debts of individuals.

Article 9. The several tribes of Indians, parties to this treaty,
acknowledge their dependence upon the Government of the United
States, and agree to he friendly with all citizens thereof, and to com¬
mit no depredations upon the person or property of said citizens, and
to refrain from carrying on any war upon other Indian tribes; and
they further agree that they will not communicate with or assist any
persons or nation hostile to the United States, and, further, that they
will submit to and obey all laws and regulations which the United
States may prescribe for their government and conduct.

Article 10. It is hereby provided that if any member of these tribes
shall drink any spirituous liquor, or bring any such liquor upon the
reservation, his or her proportion of the benefits of this treaty may
be withheld for such time as the President of the United States may
direct.

Article 11. It is agreed between the contracting parties that if the
United States, at any future time, may desire to locate other tribes
upon the reservation provided for in this treaty, no objection shall be
made thereto; but the tribes, parties to this treaty, shall not, by such
location of other tribes, forfeit any of their rights or privileges guar¬
anteed to them by this treaty.

Article 12. This treaty shall bind the contracting parties whenever
the same is ratified by the Senate and President of the United States.

TREATY WITH CHIPPEWA OF SAGINAW, SWAN CREEK, AND
BLACK RIVER, 1864.

Articles of agreement and convention made and concluded at the Isa¬
bella Indian Reservation, in the State of Michigan, on the eighteenth
day of October , in the year one thousand eight hundred and sixty -
four , between H. J. Alvord , special commissioner of the United
States , and JO. C. Leach , United States Indian agent , acting as com¬
missioner's for and on the part of the United States, and the Chip-
pewas of Saginaw , Swan Creek , and Black River , in the State of
Michigan aforesaid, parties to the treaty of August %d, 1855 , as fol¬
lows , viz:

Article 1 . The said Chippewas of Saginaw, Swan Creek, and Black
River, for and in consideration of the conditions hereinafter specified,
do hereby release to the United States the several townships of land
reserved ‘to said tribe by said treaty aforesaid, situate and being upon
Saginaw Bay, in said State.

The said Indians also agree to relinquish to the United States all
claim to any right they may possess to locate lands in lieu of lands
sold or disposed of by the ‘United States upon their reservation at
Isabella, and also the right to purchase the unselected lands in said
reservation, as provided for in the first article of said treaty.

Article 2. In consideration of the foregoing relinquishments, the
United States hereby agree to set apart for the exclusive use, owner¬
ship, and occupancy of the said of the said Chippewas of Saginaw,
Swan Creek, and Black River, all* of the unsold lands within the six
townships in Isabella County, reserved to said Indians by the treaty of
August 2, 1855, aforesaid, and designated as follows, viz:

The north half of township fourteen, and townships fifteen and six¬
teen north, of range three west; the north half of township fourteen

Regulations as to
successions.

Annuities not liable
for debts.

Peace and friend¬
ship.

Members drinking,
etc. , spirituousliquors,
not to have the bene¬
fits of this treaty.

Other tribes may be
located on reserva¬
tion.

Proviso.

Treaty, when to take
effect.

Oct. 18, 1864.

14 Stats., p. 657.
Ratified, with
amendments, May 22,
1866.

Amendments agreed
to, June 18, 1866.

Proclamation, Aug.
16, 1866.

Release to the
United States of reser¬
vation and right to
locate and purchase
certain lands.

Certain lands set
apart for the Indians
in Isabella County.

666

TREATY WITH CHIPPEWA OF SAGINAW, ETC., 1864.

Mode and order of
selections of lands in
lieu of those relin¬
quished.

Chiefs.

Headmen.

Heads of families.
Single persons.

Orphans and chil¬
dren.

Married women.
Other persons.

William Smith and
others may select
lands and receive pat¬
ents therefor.

Certain Ottawa,
Chippewa, and Potta¬
watomie may select
and hold lands.

Agent to make lists.

Two classes.

Competents.

Those not so compe¬
tent.

Patents to those of

and township fifteen north, of range four west, and townships fourteen
and fifteen north, of range five west.

Article 3. So soon as practicable after the ratification of this treaty,
the persons who have heretofore made selections of lands within the
townships upon Saginaw Bay, hereby relinquished, may proceed to
make selections of lands upon the Isabella reservation in lieu of their
selections aforesaid, and in like quantities.

After a reasonable time shall have been given for the parties afore¬
said to make their selections in lieu of those relinquished, the other
persons entitled thereto may then proceed to make their selections, in
quantities as follows, viz:

For each chief of said Indians who signs this treaty, eighty acres in
addition to their selections already made, and to patents in fee-simple.

For one head-man in each band into which said Indians are now
divided, forty acres, and to patents in fee simple.

For each person being the head of a family, eighty acres.

For each single person over the age of twenty-one years, forty acres.

For each orphan child under the age of twenty-one years, forty
acres.

For each married female who has not heretofore made a selection
of land, forty acres.

And for each other person now living, or who may be born here¬
after, when he or she shall have arrived at the age of twenty-one
years, forty acres, so long as any of the lands in said reserve shall
remain unselected, and no longer.

In consideration of important services rendered to said Indians dur¬
ing many years past, by William Smith, John Collins 1st, Andrew J.
Campeau, and Thomas Chatfield, it is hereby agreed that they shall each
be allowed to select eighty acres in addition to their previous selections,
and receive patents therefor in fee simple; and to Charles H. Rodd,
eighty acres, and a patent therefor in fee simple, to be received by said
Rodd as a full consideration and payment of all claims he may have
against said Indians, except claims against individuals for services ren¬
dered or money expended heretofore by said Rodd for the benefit of
said Indians.

It is understood and agreed that those Ottawas and Chippewas and
Pottawatomies now belonging to the bands of which Metayomeig, May-
me-she-gaw-day, Keche-kebe-me-mo-say, and Waw-be-maw-ing-gun
are chiefs, who have heretofore made selections upon said reservations,
by permission of said Chippewas of Saginaw, Swan Creek, and Black
River, who now reside upon said reservation in Isabella County, or
who may remove to said reservation within one year after the ratifica¬
tion of this treaty, shall be entitled to the same rights and privileges
to select and hold land as are contained in the third article of this
agreement.

So soon as practicable after the ratification of this treaty, the agent
for the said Indians shall make out a list of all those persons who have
heretofore made selections of lands under the treaty of August 2d,
1855, aforesaid, and of those who may be entitled to selections under
the provisions of this treaty, and he shall divide the persons enumer¬
ated in said list into two classes, viz: ‘ 4 competent” and “those not so
competent.”

Those who are intelligent, and have sufficient education, and are
qualified by business habits to prudently manage their affairs, shall be
set down as “competents,” and those who are uneducated, or unquali¬
fied in other respects to prudently manage their affairs, or who are of
idle, wandering, or dissolute habits, and all orphans, shall be set down
as “those not so competent.”

The United States agrees to issue patents to all persons entitled to
selections under this treaty, as follows, viz: To those belonging to the

667

TREATY WITH CHIPPEWA OF SAGINAW, ETC., 1864.

class denominated “ competents,” patents shall be issued in fee simple,
but to those belonging to the class of “those not so competent,” the
patent shall contain a provision that the land shall never be sold or
alienated to any person or persons whomsoever, without the consent
of the Secretary of the Interior for the time being.

Article 4. The United States agree.? to expend the sum of twentv
thousand dollars for the support and maintenance of a manual-labor
school upon said reservation: Provided , That the Missionary Society
of the Methodist Episcopal Church shall, within three years after the
ratification of this treaty, at its own expense, erect suitable buildings
for school and boarding-house purposes, of a value of not less than
three thousand dollars, upon the southeast quarter of section nine,
township fourteen north, of range four west, which is hereby set apart
for that purpose

The superintendent of public instruction, the lieutenant governor of
the State of Michigan, and one person, to be designated by said mission¬
ary society, shall constitute a board of visitors, whose duty it shall be
to visit said school once during each year, and examine the same, and
investigate the character and qualifications of its teachers and all other
persons connected therewith, and report thereon to the Commissioner
of Indian Affairs.

The said Missionary Society of the Methodist Episcopal Church shall
have full and undisputed control of the management of said school and
the farm attached thereto. Upon the approval and acceptance of the
school and boarding-house buildings by the board of visitors, the
United States will pay to the authorized agent of said missionary
society, for the support and maintenance of the school, the sum of two
thousand dollars, and the like sum annually thereafter, until the whole
sum of twenty thousand dollars shall have been expended.

The United States reserves the right to suspend the annual appro¬
priation of two thousand dollars for said school, in part or in whole,
whenever it shall appear that said missionary society neglects or fails
to manage the affairs of said school and farm in a manner acceptable
to the board of visitors aforesaid; and if, at any time within a period
of ten years after the establishment of said school, said missionary
society shall abandon said school or farm for the purposes intended in
this treaty, then, and in such case, said society shall forfeit all of its
rights in the lands, buildings, and franchises under this treaty, and it
shall then be competent for the Secretary of the Interior to sell or dis¬
pose of the land hereinbefore designated, together with the buildings
and improvements thereon and expend the proceeds of the same for
the educational interests of the Indians in such manner as he may deem
advisable.

At the expiration of ten years after the establishment of said school,
if said missionary society shall have conducted said school and farm in
a manner acceptable to the board of visitors during said ten years, the
United States will convey to said society the land before mentioned by
patent in trust for the benefit of said Indians.

In case said missionary society shall fail to accept the trust herein
named within one 3^ear after the ratification of this treaty, then, and
in that case, the said twenty thousand dollars shall be placed to the
credit of the educational fund of said Indians, to be expended for their
benefit in such manner as the Secretary of the Interior may deem
advisable.

It is understood and agreed that said missionary society may use the
school-house now standing upon land adjacent to the land hereinbefore
set apart for a school-farm, where it now stands, or move it upon the
land so set apart.

Article 5. The said Indians agree that, of the last two payments
of eighteen thousand eight hundred dollars each, provided for by the

M anual-labor
school.

Buildings.

Board of visitors of
such schools.

Control, etc., of
school and farm.

Annual appropria¬
tion.

May be suspended.

If school and farm
are abandoned; the
rights under this trea¬
ty are lost.

Land and buildings
may be sold.

Lands to be con¬
veyed in fee simple,
if, etc.

If society does not
accept trust, etc.

Present school-
house.

Blacksmith shop,
stock, tools, etc.

668

TEE AT Y WITH OMAHA, 1865.

Mill and land at
Isabella City may be
sold.

James Nicholson
may select 80 acres,
• upon, etc.

Eighth article of
former treaty not af¬
fected.

Mar. 6, 1865.

14 Stats., p. 667.
Ratified, Feb. 13,
1866.

Proclaimed Feb. 15,
1866.

Cession of lands to
the United States.

Boundaries.

Proviso.

Payments to the
Omaha, and how to
be expended.

Articles of former
treaty to be extended.

said treaty of August second, eighteen hundred and fifty-five, the sum
of seventeen thousand six hundred dollars may be withheld, and the
same shall be placed to the credit of their agricultural fund, to be
expended for their benefit in sustaining their blacksmith-shop, in
stock, animals, agricultural implements, or in such other manner as the
Secretary of the Interior may deem advisable.

Article 6. The Commissioner of Indian Affairs may, at the request
of the chiefs and head-men, sell the mill and land belonging thereto at
Isabella City, on said reservation, and apply the proceeds thereof for
such beneficiary objects as may be deemed advisable by the Secretary
of the Interior.

Article 7 . Inasmuch as the mill belonging to said Indians is partly
located upon land heretofore selected by James Nicholson, it is hereby
agreed that upon a relinquishment of ten acres of said land by said
Nicholson, in such form as may be determined by the agent for said
Indians, he, the said Nicholson, shall be entitled to select eighty acres
of land, subject to the approval of the Secretary of the Interior, and
to receive a patent therefor in fee simple.

Article 8. It is hereby expressly understood that the eighth article
of the treaty of August second, eighteen hundred and fifty -five, shall
in no wise be affected by the terms of this treaty.

TREATY WITH OMAHA, 1865.

Articles of treaty made and concluded at 'Washington , I). C., on the
sixth day of March , A. D. 1865 , between the United of America , by
their commissioners , Clark W. Thompson , Robert W. Furnas , and
the Omaha tribe of Indians by their chiefs , E-sta-mah-za , or Joseph
La Flesche, Gra-ta-mah-zhe, or Standing Hawk; Ga-he-ga-zhinga ,
or Little Chief; Tah-wah-gah-ha , or Village Maker’ Wah-no-ke-ga ,
or Noise; Sha-da-na-ge , or Yellow Smoke; Wastch-com-ma-nu , or
Hard Walker; Pad-a-ga-he , or Fire Chief; Ta-su, or White Cow;
Ma-ha-nin-ga , or No Knife.

Article 1. The Omaha tribe of Indians do hereby cede, sell, and
convey to the United States a tract of land from the north side of their
present reservation, defined and bounded as follows, viz: commencing
at a point on the Missouri River four miles due south from the north
boundary line of said reservation, thence west ten miles, thence south
four miles, thence west to the western boundary line of the reservation,
thence north to the northern boundary line, thence east to the Missouri
River, and thence south along the river to the place of beginning;
and that the said Omaha tribe of Indians will vacate and give posses¬
sion of the lands ceded by this treaty immediately after its ratification:
Provided , That nothing 'herein contained shall be construed to include
any of the lands upon which the said Omaha tribe of Indians have now
improvements, or any land or improvements belonging to, connected
with, or used for the benefit of the Missouri school now in existence
upon the Omaha reservation.

Article 2. In consideration of the foregoing cession, the United
States agree to pay to the said Omaha tribe of Indians the sum of fifty
thousand dollars, to be paid upon the ratification of this treaty, and to
be expended by their agent, under the direction of the Commissioner
of Indian Affairs, for goods, provisions, cattle, horses, construction of
buildings, farming implements, breaking up lands, and other improve¬
ments on their reservation.

Article 3. In further consideration of the foregoing cession, the
United States agree to extend the provisions of article 8 of the treaty

669

TREATY WITH OMAHA, 1865.

lhe °““ha ‘rib.e °i Indians and the United States, made on

e 16th day of March, A. D. 1854, for a term of ten years from and
after the ratification of this treaty; and the United States further agree
to pay to the said Omaha tribe of Indians, upon the ratification of this
sum ®even thousand dollars as damages in consequence
of the occupancy of a portion of the Omaha reservation not hereby
ceded, and use and destruction of timber by the Winnebago tribe of
Indians while temporarily residing thereon.

Arttcle 4. The Omaha Indians being desirous of promoting settled
babits o± industry and enterprise amongst themselves by abolishing
the tenure in common by which they now hold their lands, and by
assigning limited quantities thereof in severalty to the members of the
tiibe, including their half or mixed blood relatives now residing* with
them, to be cultivated and improved for their own individual use and
benefit, it is hereby agreed and stipulated that the remaining portion
of their present reservation shall be set apart for said purposes; and
that out of the same there shall be assigned to each head of a family
not exceeding one hundred and sixty acres, and to each male person,
eighteen years of age and upwards, without family, not exceeding
forty acres of land— to include in every case, as far as practicable, a
reasonable proportion of timber; six hundred and forty acres of said
lands, embracing and surrounding the present agency improvements,
shall also be set apart and appropriated to the occupancy and use of
the agency for said Indians. The lands to be so assigned, including
those for the use of the agency, shall be in as regular and compact a
body as possible, and so as to admit of a distinct and well-defined
exterior boundary. The whole of the lands, assigned or unassigned,
in severalty, shall constitute and be. known as the Omaha reservation,
within and over which all laws passed or which may be passed by
Congress, regulating trade and intercourse with the Indian tribes
shall have full force and effect, and no white person, except such as
shall be in the employ of the United States, shall be allowed to reside
or go upon any portion of said reservation without the written per¬
mission of the superintendent of Indian affairs or the agent for the
tribe. Said division and assignment of lands to the Omahas in sever¬
alty shall be made under the direction of the Secretary of the Interior,
and when approved by him, shall be final and conclusive. Certificates
shall be issued by the Commissioner of Indian Affairs for the tracts so
assigned, specifying the names of individuals to whom they have been
assigned respectively, and that they are for the exclusive use and bene¬
fit of themselves, their heirs, and descendants; and said tracts shall not
be alienated in fee, leased, or otherwise disposed of except to the
United States or to other members of the tribe, under such rules and
regulations as may be prescribed by the Secretary of the Interior, and
they shall be exempt from taxation, levy, sale, or forfeiture, until
otherwise provided for by Congress.

Article 5. It being understood that the object of the Government
in purchasing the land herein described is for the purpose of locating
the Winnebago tribe thereon, now, therefore, should their location
there prove detrimental to the peace, quiet, and harmony of the whites
as well as of the two tribes of Indians, then the Omahas shall have the
privilege of repurchasing the land herein ceded upon the same terms
they now sell.

Damages.

Present reservation
to be divided among
members of the tribe
in severalty.

How assigned.

Agency.

Omaha Reservation.

Whites not to go or
reside thereon unless,
etc.

Certificates to be
issued for tracts as¬
signed.

Not to be alienated
or leased, etc.

Omaha may repur¬
chase this land if the
location of the Winne-
bago affect their
peace.

670

TREATY WITH THE PONCA, 1865.

Mar. 8, 1865.

14 Stats., p. 671.

Ratified, with
amendments, Feb. 13,
1866.

Amendment agreed
to Feb. 20, 1866.

Proclaimed Mar. 28,
1866.

Cession of lands to
the United States.

Reservation for the
Winnebago.

Boundaries.

The United States
to erect mills, to break ,
etc., lands, to furnish
seeds, tools, etc.

Agency and other
buildings and houses
for chiefs.

Expenses of n
moval, etc.

Mar. 10, 1865.

14 Stat., p. 675.
Ratified Mar. 2, 1867.
Proclaimed Mar. 28,’
1867.

Cession of lands to
the United States.

TREATY WITH THE WINNEBAGO, 1865.

Articles of treaty made and concluded at Washington , D. O. , between
the United States of America, by their commissioners , Wm. P. Dole ,
C. W. Thompson, and St. A. 1). Balcombe , and the Winnebago tribe
of Indians , by their chiefs , Little Hill , Little Decoria , Whirling
Thunder , Young Prophet , Good Thunder , and White Breast , on the
8th day of March , 1865.

Article 1. The Winnebago tribe of Indians hereby cede, sell, and
convey to the United States all their right, title, and interest in and to
their present reservation in the Territory of Dakota, at Usher’s Land¬
ing, on the Missouri River, the metes and bounds whereof being on
file in the Indian Department.

Article 2. In consideration of the foregoing cession, and the val¬
uable improvements thereon, the United States agree to set apart for
the occupation and future home of the WTinnebago Indians, forever,
all that certain tract or parcel of land ceded to the United States by
the Omaha tribe of Indians on the sixth day of March, A. D. 1865,
situated in the Territory of Nebraska, and described as follows, viz:
Commencing at a point on the Missouri River four miles due south
from the north boundary-line of said reservation; thence west ten
miles; thence south four miles; thence west to the western boundary¬
line of the reservation; thence north to the northern boundary -line;
thence east to the Missouri River, and thence south along the river
to the place of beginning.

Article 3. In further consideration of the foregoing cession, and
in order that the Winnebagos may be as well situated as they were
when they were moved from Minnesota, the United States agree to
erect on their reservation, hereby set apart, a good steam saw-mill
with a grist-mill attached, and to break and fence one hundred acres
of land for each band, and supply them with seed, to sow and plant the
same, and shall furnish them with two thousand dollars’ worth of guns,
four hundred horses, one hundred cows, twenty yoke of oxen and
wagons, two chains each, and five hundred dollars’ worth of agricultural
implements, in addition to those on the reserve hereby ceded.

Article 4. The United States further agree to erect on said reser¬
vation an agency building, school-house, warehouse, and suitable build¬
ings for the physician, interpreter, miller, engineer, carpenter, and
blacksmith, and a house 18 by 24 feet, one and a half story high,
well shingled and substantially finished, for each chief.

Article 5. The United States also stipulate and agree to remove
the Winnebago tribe of Jndians and their property to their new home,
and to subsist the tribe one year after their arrival there.

TREATY WITH THE PONCA, 1865.

Supplementary treaty . betwem the United States of America and the
Ponca tribe of Indians , made at the cifty of Washington on the tenth
day of March , A. D. 1865 , between William P Dole , commissioner
on the part of the United States , and Wah-gah-sap-pi , or Iron Whip;
Gist-tah-wah-gu , or Strong Walker; Wash-com-mo-ni, or Mitchell
P. Oerre; Ash-nan-e-kah-gah-he , or Lone Chief; Tah-ton-qa-nuz-
zhe , or Standing Buffalo; on tfe part of the Ponca tribe of Indians,
they being didy authorized and empowered by the said tribe , as
follows, viz:

Article 1. The Ponca tribe of Indians hereby cede and relinquish
to the United States all that portion of their present reservation as
described in the first article of the treaty of March 12th, 1858, lying

Boundaries.

TREATY WITH THE SHAKES, 1865.

671

west of the range line between townships numbers (32) thirty -two and
(33) thirty-three north, ranges (10) ten and (11) eleven west of the (6)
sixth principal meridian, according to the Kansas and Nebraska sur-
vey; estimated to contain thirty thousand acres, be the same more or
less.

Article 2. In consideration of the cession or release of that portion Gertain fractional
of the reservation above described by the Ponca tribe of Indians to the ceded by the United
Government of the United States, the Government of the United States, States t0 the Ponca'
by way of rewarding them for their constant fidelity to the Government
and citizens thereof, and with a view of returning to the said tribe of
Ponca Indians their old burying-grounds and corn-fields, hereby cede
and relinquish to the tribe of Ponca Indians the following-described
fractional townships, to wit: township (31) thirty-one north, range (7)
seven west; also, fractional township (32) thirty-two north, ranges (6,)
six, (7,) seven, (8,) eight, (9,) nine, and (10) ten west; also, fractional town¬
ship (33) thirty-three north, ranges (7) seven and (8) eight west; and also
all that portion of township (33) thirty- three north, ranges (9) nine and
(10) ten west, lying south of Ponca Creek; and also all the islands in the
Niobrara or Running Water River, lying in front of lands or town¬
ships above ceded by the United States to the Ponca tribe of Indians.

But it is expressly understood and agreed that the United States shall not

be called upon to satisfy or pay the claims of any settlers for improve- claims of settlers for

ments upon the lands above ceded by the United States to the Poncas, b“settvild.ents’howto

but that the Ponca tribe of Indians shall, out of their own funds, and

at their own expense, satisfy said claimants, should any be found upon

said lands above ceded by the United States to the Ponca tribe of

Indians.

Article 3. The Government of the United States, in compliance with indemnityfor spoii-
the first paragraph of the second article of the treaty of March 12th, atlon'

1858, hereby stipulate and agree to pay to the Ponca tribe of Indians
for indemnityfor spoliation committed upon them, satisfactory evidence
of which has been lodged in the office of the Commissioner of Indian
Affairs, and payment recommended by that officer, and also by the Sec¬
retary of the Interior, the sum of fifteen thousand and eighty dollars.

Article 4. The expenses attending the negotiation of this treaty or Expenses of this
agreement shall be paid by the United States. united states paid by

TREATY WITH THE SNAKES, 1865.

Articles of agreement and convention made and concluded at Sprague Aug. 12, 1865.
River Valley , on this twelfth day of August , in the year one thou- ^ 683.

sand eight hundred and sixty -five, by J. W. Perrit Huntington , super- Prociatemd juiy8io,'
intendent of Indian affairs in Oregon , on the part of the United 1866-
States , and the undersigned chief s and head-men of the Woll-pah-pe
tribe of Snake Indians , acting in behalf of said tribe , being duly
authorized so to do.

Article 1. Peace is declared henceforth between the United States Peace,
and the Woll-pah-pe tribe of Snake Indians, and also between said tribe
and all other tribes in amity with the United States. All prisoners and Prisoners and
slaves held by the Woll-pah-pe tribe, whether the same are white per- 8 aves'
sons or members of Indian tribes in amity with the United States, shall
be released; and all persons belonging to the said Woll-pah-pe tribe
now held as prisoners by whites, or as slaves by other Indian tribes,
shall be given up.

Article 2. The said tribe hereby cedes and relinquishes to the United cession of lands to
States all their right, title, and interest to the country occupied by them, the Umted States-
described as follows, to wit: Beginning at the Snow Peak in the sum- Boundaries,
mit-of the Blue Mountain range, near the heads of the Grande Ronde

672

TREATY WITH THE SNAKES, 18G5.

Indians to remove
to reservation.

To submit to the
United States and not
depredate.

Offenders to b e
given up.

Wrongs upon In¬
dians, how redressed.

Hostile tribes, sale
of arms, etc.

Fencing and culti¬
vating lands.

Seeds, tools, etc.

Beneficial expendi¬
tures.

Physician, mechan¬
ics, etc.

Mill and school-
houses.

Interpreter.

Ri»ver and the north fork of John Day’s River; thence down said north
fork of John Day’s River to its junction with the south fork; thence
due south to Crooked River; thence up Crooked River and the south
fork thereof to its source; thence southeasterly to Harney Lake; thence
northerly to the heads of Malheur and Burnt Rivers; thence continu¬
ing northerly to the place of beginning.

Article 3. The said tribe agree to remove forthwith to the reser¬
vation designated by the treaty concluded on the 15th of October, 1864,
with the Klamath, Moadoc, and Yahooskiu Snake Indians, there to
remain under the authority and protection of such Indian agent, or
other officer, as the Government of the United States may assign to
such duty, and no member of said tribe shall leave said reservation
for any purpose without the written consent of the agent or superin¬
tendent having jurisdiction over said tribe.

Article 4. The said Woll-pah-pe tribe promise to be friendly with
the people of the United States, to submit to the authority thereof,
and to commit no depredations upon the persons or property of citi¬
zens thereof, or of other Indian tribes; and should any member of said
tribe commit any such depredations, he shall be delivered up to the
agent for punishment, and the property restored. If after due notice
the tribe neglect or refuse to make restitution, or the property is
injured or destroyed, compensation may be made by the Government
out of the annuities hereinafter provided. In case of any depredation
being committed upon the person or property of any member of the
aforesaid W oll-pah-pe tribe, it is stipulated that no attempt at revenge,
retaliation, or reclamation shall be made by said tribe; but the case
shall be reported to the agent or superintendent in charge, and the
United States guarantee that such depredation shall be punished in the
same manner as if committed against white persons, and that the prop¬
erty shall be restored to the owner.

Article 5. The said tribe promise to endeavor to induce the Hoc-
ne-boo-ey and Wa-tat-kah tribes of Snake Indians to cease hostilities
against the whites; and they also agree that they will, in no case, sell
any arms or ammunition to them nor to any other tribe hostile to the
United States.

Article 6. The United States agree to expend, for the use and
benefit of said tribe, the sum of five thousand dollars to enable the
Indians to fence, break up, and cultivate a sufficient quantity of land
for their use, to supply them with seeds, farming-implements, domestic
animals, and such subsistence as may be necessary during the first year
of their residence upon the reservation.

Article 7. The United States also agree to expend, for the use and
benefit of said tribe, the sum of two thousand dollars per annum for
five years next succeeding the ratification of this treaty, and twelve
hundred dollars per annum for the next ten years following, the same
to be expended under the direction of the President of the United States
for such objects as, in his judgment, will be beneficial to the Indians,
and advance them in morals and knowledge of civilization.

Article 8. The said tribe, after their removal to the reservation,
are to have the benefit of the services of the physician, mechanics, farm¬
ers, teachers, and other employes provided for in the treaty of the 15th
October, 1864, in common with the Klamaths, Moadocs, and Yahooskiu
Snakes, and are also to have the use of the mills and school-houses pro¬
vided for in said treaty, so far as may be necessary to them, and not
to the disadvantage of the other tribes; and, in addition, an interpreter
who understands the Snake language shall be provided by the Govern¬
ment. Whenever, in the judgment of the President, the proper time
shall have arrived for an allotment of land in severalty to the Indians
upon the said reservation, a suitable tract shall be set apart for each
family of the said Woll-pah-pe tribe, and peaceable possession of the
same is guaranteed to them.

TREATY WITH THE OSAGE, 1865.

673

Article 9. The tribe are desirous of preventing- the use of ardent
spirits among themselves, and it is therefore provided that any Indian
who brings liquor on to the reservation, or who has it in his possession,
may in addition to the penalties affixed by law, have his or her pro
portion of the annuities withheld for such "time as the President may
determine.

Article 10. This treaty shall be obligatory upon the contracting
parties as soon as the same shall be ratified by the Senate of the United
States.

TREATY WITH THE OSAGE, 1865.

Articles of treaty and convention , made and concluded at Canville
Trading Post , Osage Nation , within the boundary of the State of
Kansas , on the twenty-ninth day of September , eighteen hundred and
sixty-five , by and between D. K. Cooley , Commissioner of Indian
Affairs , and Elijah Sells , superintendent of Indian Affairs for the
southern superintendency , commissioners on the part of the United
States , and the chiefs of the tribe of Great and Little Osage Indians ,
the said chiefs being duly authorized to negotiate and treat by said
tribes.

Article 1. The tribe of the Great and Little Osage Indians, having
now more lands than are necessary for their occupation, and all pay¬
ments from the Government to them under former treaties having ceased,
leaving them greatly impoverished, and being desiroys of improving
their condition by disposing of their surplus lands, do hereby grant and
sell to the United States the lands contained within the following bounda¬
ries, that is to say : Beginning at the southeast corner of their present
reservation, and running thence north with the eastern boundary thereof
fifty miles to the northeast corner; thence west with the northern line
thirty miles; thence south fifty miles, to the southern boundary of said
reservation; and thence east with said southern boundary to the place
of beginning: Provided , That the western boundary of said land herein
ceded shall not extend further westward than upon a line commencing
at a point on the southern boundary of said Osage country one mile
east of the place where the Verdigris River crosses the southern bound¬
ary of the State of Kansas. And, in consideration of the grant and
sale to them of the above-described lands, the United States agree to
pay the sum of three hundred thousand dollars, which sum shall be
placed to the credit of said tribe of Indians in the Treasury of the
United States, and interest thereon at the rate of five per centum per
annum shall be paid to said tribes semi-annually, in money, clothing,
provisions, or such articles of utility as the Secretary of the Interior
may, from time to time, direct. Said lands shall be surveyed and sold,
under the direction of the Secretary of the Interior, on the most advan¬
tageous terms, for cash, as public lands are surveyed and sold under
existing laws, including any act granting lands to the State of Kansas
in aid of the construction of a railroad through said lands; but no pre¬
emption claim or homestead settlement shall be recognized: and after
re-imbursing the United States the cost of said survey and sale, and
the said sum of three hundred thousand dollars placed to the credit of
said Indians, the remaining proceeds of sales shall be placed in the
Treasury of the United States to the credit of the “civilization fund,”
to be used, under the direction of the Secretary of the Interior, for the
education and civilization of Indian tribes residing within the limits of
the United States. ,

Article 2. The said tribe of Indians also hereby cede to the United
States a tract of land twenty miles in width from north to south,

S. Doc. 452 - 13

Poasession of ardent
spirits on reservation,
how punished.

Treaty, when to be
obligatory.

Sept. 29, 1865.

14 Stat., p.687.
Ratified, with
amendments. June 26,
1866.

Amendments agreed
to, Sept. 21, 1866.

Proclamation, Jan.
21, 1867.

Sale of lands to the
United States.

Boundaries.

Proviso.

Payment for lands
purch a s e d, and in
what.

Lands to be sur¬
veyed and sold.

Proceeds.

Cession of other
lands to the United
States to he held in
trust.

674

TREATY WITH THE OSAGE, 1865.

Proceeds of the sale
thereof; how to be ex¬
ecuted.

Proviso.

School fund.

One section granted
to John Shoenmaker,
in trust, and with priv¬
ileges, etc.

Certain loyal per¬
sons, heads of fami¬
lies, etc., may buy a
quarter section each
at, etc.

James N. Coffey and
A. B. Canville to be
paid their claims.

Proviso.

Heirs of Charles Mo-
grain may select a sec¬
tion of land, etc.

off the north side of the remainder of their present reservation, and
extending its entire length from east to west; which land is to be
held in trust for said Indians, and to be surveyed and sold for their
benefit under the direction of the Commissioner of the General Land-
Office, at a price not less than one dollar and twenty-five cents per
acre, as other lands are surveyed and sold, under such rules and regu¬
lations as the Secretary of the Interior shall from time to time pre¬
scribe. The proceeds of such sales, as they accrue, after deducting all
expenses incident to the proper execution of the trust, shall be placed
in the Treasury of the United States to the credit of said tribe of
Indians; and the interest thereon, at the rate of five per centum per
annum, shall be expended annually for building houses, purchasing
agricultural implements and stock animals, and for the employment of
a physician and mechanics, and for providing such other necessary aid
as will enable said Indians to commence agricultural pursuits under
favorable circumstances: Provided , That twenty-five per centum of
the net proceeds arising from the sale of said trust lands, until said
percentage shall amount to the sum of eighty thousand dollars, shall
be placed to the credit of the school fund of said Indians; and the inter¬
est thereon, at the rate of five per centum per annum, shall be expended
semi-annually for the boarding, clothing, and education of the children
of said tribe.

Article 3. The Osage Indians, being sensible of the great benefits
they have received from the Catholic mission, situate in that portion
of their reservation herein granted and sold to the United States, do
hereby stipulate that one section of said land, to be selected by the
Commissioner of Indian Affairs so as to include the improvements of
said mission, shall be granted in fee-simple to John Schoenmaker, in
trust, for the use and benefit of the society sustaining said mission,
with the privilege to said Schoenmaker, on the payment of one dollar
and twenty-five cents per acre, of selecting and purchasing two sec¬
tions of land adjoining the section above granted; the said selection to
be held in trust for said society, and to be selected in legal subdivisions
of surveys, and subject to the approval of the Secretary of the Interior.

Article 4. All loyal persons, being heads of families and citizens
of the United States, or members of any tribe at peace with the United
States, having made settlements and improvements as provided by the
pre-emption laws of the United States, and now residing on the lands
provided to be sold by the United States, in trust for said tribe, as
well as upon the said lands herein granted and sold to the United States,
shall have the privilege, at any time within one year after the ratifica¬
tion of this treaty, of buying a quarter section each, at one dollar and
twenty-five cents per acre; such quarter section to be selected accord¬
ing to the legal subdivision of surveys, and to include, as far as prac¬
ticable, the improvements of the settler.

Article 5. The Osages being desirous of paying their just debts to
James N. Coffey and A. B. Canville, for advances in provisions, cloth¬
ing, and other necessaries of life, hereby agree that the superintendent
of Indian affairs for the southern superintendency and the agent of
the tribe shall examine all claims against said tribe, and submit the
same to the tribe for approval or disapproval, and report the same to
the Secretary of the Interior, with the proofs in each case, for his con¬
currence or rejection; and the Secretary may issue to the claimants
scrip for the claims thus allowed, which shall be receivable as cash in
payment for any of the lands sold in trust for said tribe: Provided ,
The aggregate amount thus allowed by the Secretary of the Interior
shall not exceed five thousand dollars.

Article 6. In consideration of the long and faithful services ren¬
dered by Charles Mograin, one of the principal chiefs of the Great
Osages, to the people, and in consideration of improvements made and

TREATY WITH THE OSAGE, 1865.

675

owned by him on the land by this treaty sold to the United States,
and in lien of the provision made in article fourteen for the half-breed
Indians, the heirs of the said Charles Mograin, dec[ease]d, may select
one section of land, including his improvements, from the north half
of said land, subject to the approval of the Secretary of the Interior,
and upon his approval of such selection it shall be patented to the heirs
of the said Mograin, dec[ease]d, in fee-simple.

Aeticle 7. It is agreed between the parties hereto that the sum of
five hundred dollars shall be set apart each year from the moneys
of said tribe, and paid by the agent to the chiefs.

Article 8. The Osage Indians being anxious that a school should
be established in their new home, at their request it is agreed and pro¬
vided that John Schoenmaker may select one section of land within
their diminished reservation, and upon the approval of such selection
by the Secretary of the Interior, such section of land shall be set apart
to the said Schoenmaker and his successors, upon condition that the
same shall be used, improved, and occupied for the support and educa¬
tion of the children of said Indians during the occupancy of said reser¬
vation by said tribe: Provided , That said lands shall not be patented,
and upon the discontinuance of said school shall revert to said tribe
and to the United States as other Indian lands.

Article 9. It is further agreed that, in consideration of the services
of Darius Rogers to the Osage Indians, a patent shall be issued to him
for one hundred and sixty acres of land, to include his mill and
improvements, on paying one dollar and twenty-five cents per acre;
and said Rogers shall also have the privilege of purchasing, at the rate
of one dollar and twenty-five cents per acre, one quarter section of
land adjoining the tract above mentioned, which shall be patented to
him in like manner; said lands to be selected subject to the approval
of the Secretary of the Interior.

Article 10. The Osages acknowledge their dependence on the Gov¬
ernment of the United States, and invoke its protection and care; they
desire peace, and promise to abstain from war, and commit no depre¬
dations on either citizens or Indians; and they further agree to use
their best efforts to suppress the introduction and use of ardent spirits
in their country.

Article 11. It is agreed that all roads and highways laid out by the
State or General Government shall have right of way through the
remaining lands of said Indians, on the same terms as are provided by
law, when made through lands of citizens of the United States; and
railroad companies, when the lines of their roads necessarily pass
through the lands of said Indians, shall have right of way upon the
payment of fair compensation therefor.

Article 12. Within six months after the ratification of this treaty
the Osage Indians shall remove from the lands sold and ceded in trust,
and settle upon their diminished reservation.

Article 13 The Osage Indians having no annuities from which it
is possible for them to pay any of the expenses of carrying this treaty
into effect, it is agreed that the United States shall appropriate twenty
thousand dollars, or so much thereof as may be necessary, for the pur¬
pose of defraying the expense of survey and sale of the lands hereby
ceded in trust, which amount so expended shall be re-imbursed to the
Treasury of the United States from the proceeds of the first sales of
said lands.

Article 14. The half-breeds of the Osage tribe of Indians, not to
exceed twenty -five in number, who have improvements on the north
half of the lands sold to the United States, shall have a patent issued
to them, in fee-simple, for eighty acres each, to include, as far as
practicable, their improvements, said half-breeds to be designated by
the chiefs and head-men of the tribe; and the heirs of Joseph Swiss, a
half-breed, and a former interpreter of said tribe, shall, in lieu of the

$500 to be paid to tbe
chiefs annually.

One section of land
to be selected, etc., for
purposes of education.

Proviso.

Patents to issue to
Darius Rogers for 160
acres, and he may
purchase other land
at, etc.

Dependence on the
United States ac¬
knowledged.

Right of way
through reservations
for highways and rail¬
roads.

Indians to remove
from ceded lands, etc.

United States to ad¬
vance expenses of sur¬
vey and sale; to be
reimbursed.

Patents to issue to
half-breeds for 80
acres, including their
improvements.

Heirs of Joseph
Swiss.

676

TREATY WITH SIOUX - MINCONJOU BAND, 1865.

Osage may unite
with other Indians,
and receive portion of
annuities.

If Indians remove
from Kansas, their
diminished reserva¬
tion to be sold, and pro¬
ceeds, how applied.

Rejection of some
articles not to affect
others, etc.

Oct. 10, 1865.

14 Stats., p. 695.
Ratified, with
amendment, Mar. 5,
1866.

Proclamation, Mar.
17, 1866.

Jurisdiction and au¬
thority of the United
States' acknowledged,
etc.

Persons and prop¬
erty of other tribes not
to be first attacked.

above provision, receive a title, in fee-simple, to a half section of land,
including his house and improvements, if practicable, and also to a
half section of the trust land; all of said lands to be selected by the
parties, subject to the approval of the Secretary of the Interior.

Article 15. It is also agreed by the United States that said Osage
Indians may unite with any tribe of Indians at peace with the United
States, residing in said Indian Territory, and thence afterwards receive an
equitable proportion, according to their numbers, of all moneys, annui¬
ties, or property payable by the United States to said Indian tribe
with which the agreement may be made; and in turn granting to said
Indians, in proportion to their numbers, an equitable proportion of all
moneys, annuities, and property payable by the United States to said
Osages.

Article 16. It is also agreed by said contracting parties, that if
said Indians should agree to remove from the State of Kansas, and
settle on lands to be provided for them by the United States in the
Indian Territory on such terms as may be agreed on between the
United States and the Indian tribes now residing in said Territory or
any of them, then the diminished reservation shall be disposed of by
the United States in the same manner and for the same purposes as
hereinbefore provided in relation to said trust lands, except that 50
per cent, of the proceeds of the sale of said diminished reserve may
be used by the United States in the purchase of lands for a suitable
home for said Indians in said Indian Territory.

Article 17. Should the Senate reject or amend any of the above
articles, such rejection or amendment shall not affect the other pro ¬
visions of this treaty, but the same shall go into effect when ratified
by the Senate and approved by the President.

TREATY WITH SIOUX— MINICONJOU BAND, 1865.

Articles of a treaty made and concluded at Fort Sully, in the Territory
of Dakota, by and between Newton Edmunds , governor and ex-officio
superintendent of Indian affairs of Dakota Territory; Edward B.
Taylor, superintendent of Indian affairs for the northern superin¬
tendent y; Major- General S. R. Curtis , Brigadier- General II. H.
Sibley , Henry W. Reed, and Orin Guernsey, commissioners on the
part of the United States, duly appointed by the President , and the
undersigned chiefs and head-men of the Minneconjon band of Dakota
or Sioux Indians.

Article 1. The Minneconjon band of Dakota or Sioux Indians,
represented in council, hereby acknowledge themselves to be subject
to the exclusive jurisdiction and authority of the United States, and
hereby obligate and bind themselves individually and collectively, not
only to cease all hostilities against the persons and property of its citi¬
zens, but to use their influence, and, if requisite, physical force, to
prevent other bands of the Dakota or Sioux, or other adjacent tribes,
from making hostile demonstrations against the Government or people
of the United States.

Article 2. Inasmuch as the Government of the United States is
desirous to arrest the effusion of blood between the Indian tribes within
its jurisdiction hitherto at war with each other, the Minneconjon band
of Dakotas or Sioux, represented in council, anxious to respect the
wishes of the Government, hereby agree and bind themselves to dis¬
continue for the future all attacks upon the persons or property of
other tribes, unless first assailed by them, and to use their influence to
promote peace everywhere in the region occupied or frequented by
them.

TREATY WITH SIOUX - LOWER BRULE BAND, 1865.

677

Article 3. All controversies or differences arising between the tween^eTtobesub-
Minneconjon band of Dakotas or Sioux, represented in council, and mitted to tbe Presi-
other tribes of Indians, involving the question of peace or war, shall etcnt °rar 1 ramen ’
be submitted to the arbitrament of the President, or such person or
persons as may be designated by him, and the decision or award faith¬
fully observed by the said band represented in council.

Article 4. The said band, represented in council, shall withdraw dr^d|ro^s overland
from the routes overland already established or hereafter to be estab- routes,
lished through their country; and in consideration thereof the Govern¬
ment of the United States agree to pay the said band the sum of ten H. Payment to thein-
thousand dollars annually for twenty years, in such articles as the Sec- lans'
retary of the Interior may direct: Provided , That said band, so repre¬
sented in council, shall faithfully conform to the requirements of this
treaty.

Article 5. Should any individual or individuals or portion of the loSiS^on1 lands* to
band of the Minneconjon band of Dakotas or Sioux, represented in be protected,
council, desire hereafter to locate permanently upon any part of the
lands claimed by the said band for the purpose [of] agricultural or other
pursuits, it is hereby agreed by the parties to this treaty that such
individual or individuals shall be protected in such location against any
annoyance or molestation on the part of whites or Indians.

Article 6. Any amendment or modification of this treaty by the binding. men s ° e
Senate of the United States shall be considered final and binding upon
the said band, represented in council, as a part of this treaty, in the
same manner as if it had been subsequently presented and agreed to by
the chiefs and head-men of said band.

TREATY WITH SIOTJX— LOWER BRULE BAND, 1865.

Articles of a treaty made and concluded at Fort Sully, in the Territory Oct, 14, 1865.
of Dakota , by and between Newton Edmunds , governor and ex-officio RaStifled,69with
superintendent of Indian affairs of Dakota Territory; Edward B. amendment,’ Mar. 5,
Taylor , superintendent of Indian affairs for the northern superin- “proclamation, Mar.
tendency; Major-General S. R. Curtis, Brigadier- General II H. i7,i866.

Sibley , Henry TF. Reed, and Orrin Guernsey , commissioners on the
part of the united States, duly appointed by the President, and the
undersigned chiefs and head-men of the Lower Brule band of Dakota
or Sioux Indians.

Article 1. The Lower Brule band of Dakota or Sioux Indians, rep- United

resented in council, hereby acknowledge themselves to be subject to states acknowledged,
the exclusive jurisdiction and authority of the United States, and
hereby obligate and bind themselves individually and collectively, not
only to cease all hostilities against the persons and property of its citi¬
zens, but to use their influence, and, if necessary, physical force, to
prevent other bands of the Dakota or Sioux, or other adjacent tribes,
from making hostile demonstrations against the Government of the
United States or its people. _ . , ^

Article 2. Inasmuch as the Government of the United States is erfyerXother ffi
desirous to arrest the effusion of blood between the Indian tribes nottobefirstattacked.
within its jurisdiction hitherto at war with each other, the Lower
Brule band of Dakotas or Sioux, represented in council, anxious to
respect the wishes of the Government, hereby agree and bind them¬
selves to discontinue for the future all attacks upon the persons or
property of other tribes, unless first assailed by them, and to use their
influence to promote peace everywhere in the region occupied or fre-

qUARTK:ib| |heAll controversies or differences arising between the Je^e'trSs w ^
Lower BruU band of Dakotas or Sioux, represented in council, and
other tribes of Indians, involving the question of peace or war, shall etc.

678

TREATY WITH SIOUX — LOWER BRULE BAND, 1866,

Indians to withdraw
from overland routes.

Payments.

Proviso.

Individual Indians
locating on lands to
be protected.

Reservation for
Lower BrulA

be submitted for the arbitrament of the President, or such person or
persons as may be designated by him, and the decision or award
faithfully observed by the said band represented in council.

Article 4. The said band represented in council shall withdraw
from the routes overland already established, or hereafter to be estab¬
lished through their country; and in consideration thereof, the Gov¬
ernment of the United States agree to pay to the said band the sum of
six thousand dollars annually, for twenty years, in such articles as the
Secretary of the Interior may direct: Provided , That said band so rep¬
resented in council shall faithfully conform to the requirements of this
treaty.

Article 5. Should any individual, or individuals, or portion of the
Lower Brule band of Dakotas, or Sioux, represented in council, desire
hereafter to locate permanently upon any part of the lands claimed
by the said band, for the purpose of agricultural or other pursuits, it
is hereby agreed by the parties to this treaty that such individual or
individuals shall be protected in such location against any annoyance
or molestation on the part of whites or Indians.

Article 6. It is hereby agreed upon the part of the Government
of the United States that the said band of Lower Brules shall locate

Payment for agri¬
culture and other pur¬
poses.

Stock, etc., to be the
property of the United
States.

Two Kettles band
may be located ad¬
joining BrulS.

on a permanent reservation at or near the mouth of the White River,
to include Fort Lookout, twenty miles in a straight line along the Mis¬
souri River, and ten miles in depth; and that upon the actual occupation
of not less than fifty lodges or families of said reservation, and their
engaging permanently in agricultural and other kindred pursuits, the
Government of the United States agree to furnish at its own cost the
sum of twenty-five dollars for each and every lodge or family so
engaged, as a common fund, to be expended in stock, agricultural and
other implements and general improvements as shall be directed by
the Secretary of the Interior; the said sum to be furnished annually
for five years. It being understood that the said stock, agricultural
and other implements shall be and remain the property of the United
States, to be used and employed for the exclusive benefit of the lodges
or families so located, and in no case to be sold or alienated by the
said band or any member thereof; and the United States further
engage to employ at its own cost a blacksmith and farmer for the
benefit of the said lodges or families.

The United States reserve the right to construct a road or roads
through the said reservation.

No white person, other than officers, agents or employes of the
United States, shall be permitted to go on or remain on the said res¬
ervation, unless previously admitted as a member of the said band
according to their usages.

Whenever the Secretary of the Interior may so direct, schools for
the instruction of the said band may be opened on the said reservation.

Article 7. The undersigned chiefs of the Brules, hereby further
agree that should the Two Kettles band of the Dakota or Sioux Indians
be located adjoining them, they will cheerfully allow them to do so,
and also agree that the employes secured to the Brules may be used
also for the joint benefit of the said Two Kettles, at the discretion of
the Government.

Amendments to be Article 8. Any amendment or modification of this treaty by the
Senate of the United States shall be considered final and binding upon
the said band, represented in council, as a part of this treaty, in the
same manner as if it had been subsequently presented and agreed to
by the chiefs and head-men of said band.

TEE AT Y WITH CHEYENNE AND AKAPAHO, 1865.

679

TREATY WITH CHEYENNE AND ARAPAHO, 1865.

Articles of a treaty _ made and concluded at the camp on the Little Qct.i4,i865.
Arkansas . River , in the State of Kansas ,' on the fourteenth day of 14 stats., p. 703.
October , in the year of our Lord one thousand eight hundred and amendments! May 22]
sixty -five, by and between John B. Sanborn, William S. Harney, 18f- . .

Thomas Murphy, Kit Carson, William W. Bent, Jesse H. Leaven- to, Nov. 10 and 194866.
worth, and James Steele, commissioners on the part of the United 2^ £lamation’ Feb-
States , and the undersigned, chiefs and head-men of and representing
the confederate tribes of Arrapahoe and Cheye7ine Lndians of the
Upper Arkansas River, they being duly authorized by their respective
tribes to act in the premises.

Article 1. It is agreed by the parties to this treaty that hereafter Perpetual peace,
perpetual peace shall be maintained between the people and Govern¬
ment of the United States and the Indians parties hereto, and that the
Indians parties hereto, shall forever remain at peace with each other,
and with all other Indians who sustain friendly relations with the
Government of the United States. For the purpose of enforcing the
provisions of this article it is agreed that in case hostile acts or depre¬
dations are committed by the people of the United States, or by Indi¬
ans on friendly terms with the United States, against the tribe or
tribes, or the individual members of the tribe or tribes, who are
parties to this treaty, such hostile acts or depredations shall not be segfes|jf arbitration6
redressed by a resort to arms, but the party or parties aggrieved shall e J ar 1 ra 10n‘
submit their complaints through their agent to the President of the
United States, and thereupon an impartial arbitration shall be had,
under his direction, and the award thus made shall be binding on all
parties interested, and the Government of the United States will in
good faith enforce the same. And the Indians, parties hereto, on ^embers of^ tribes
their part, agree, in case crimes or other violations of law shall be tions V11 be surren-
committed by any person or persons, members of their tribe, such dered'
person or persons shall, upon complaint being made, in writing, to
their agent, superintendent of Indian affairs, or to other proper
authority, by the party injured, and verified by affidavit, be delivered
to the person duly authorized to take such person or persons into cus¬
tody, to the end that such person or persons may be punished accord¬
ing to the laws of the United States.

Article 2. The United States hereby agree that the district of coun- parties

try embraced within the following limits, or such portion of the same as hereto,
may hereafter be designated by the President of the United States for
that purpose, viz: commencing at the mouth of the Red Creek or Boundaries.

Red Fork of the Arkansas River; thence up said creek or fork to its

source; thence westwardly to a point on the Cimarone River, opposite

the mouth of Buffalo Creek; thence due north to the Arkansas River;

thence down the same to the beginning, shall be, and is hereby, set

apart for the absolute and undisturbed use and occupation of the tribes

who are parties to this treatj^, and of such other friendly tribes as they

may from time to time agree to admit among them, and that no white no whites except,

person, except officers, agents, and employees of the Government, etc.^ to settle thereon,

shall go upon or settle within the country embraced within said limits, indiansnotrequired

unless formally- admitted and incorporated into some one of the tribes j^etc6 thereon’ un‘

lawfully residing there, according to its laws and usages: Provided ,

however , That said Indians shall not be required to settle upon said

reservation until such time as the United States shall have extinguished

all claims of title thereto on the part of other Indians, so that the

Indians parties hereto may live thereon at peace with all other tribes:

Provided, however , That as soon as practicable, with the assent of Amendment,
said tribe, the President of the United States shall designate for said
tribes a reservation, no part of which shall be within the State of

680

To remove thereto
and not leave unless,
etc.

To refrain from dep¬
redations.

Not to encamp with¬
in 10 miles of, etc.

Claimstoother lands
relinquished, and es¬
pecially to certain
thus hounded.

Until removed to
reservation, Indians
to be where.

Proviso.

United States may
build roads through
reservation and estab¬
lish military posts.

TREATY WITH CHEYENNE AND ARAFAHO, 1865.

Kansas, and cause them as soon as practicable to remove to and settle
thereon, but no such reservation shall be designated upon any reserve
belonging to any other Indian tribe or tribes without their consent.

The Indians parties hereto, on their part, expressly agree to remove
to and accept as their permanent home the country embraced within
said limits whenever directed so to do by the President of the United
States, in accordance with the provisions of this treaty, and that they
will not go from said country for hunting or other purposes without
the consent in writing of their agent or other authorized person, such
written consent in all cases specifying the purpose for which such
leavers granted, and shall be borne with them upon their excursions
as evidence that they are rightfully away from their reservation, and
shall be respected bj^ all officers, employees, and citizens of the U nited
States as their sufficient safeguard and protection against injury or
damage in person or property by any and all persons whomsoever.

It is further agreed by the Indians parties hereto that when absent
from their reservation they will refrain from the commission of any
depredations or injuries to the person or property of all persons sus¬
taining friendly relations with the Government of the United States;
that they will not, while so absent, encamp by day or night within ten
miles of any of the main traveled routes or roads through the country
to which they go, or of the military posts, towns, or villages therein,
without the consent of the commanders of such military posts, or of
the civil authorities of such towns or villages; and that henceforth
they will, and do hereby, relinquish all claims or rights in and to any
portion of the United States or Territories, except such as is embraced
within the limits aforesaid, and more especially their claims and rights
in and to the country bounded as follows, viz: beginning at the junc¬
tion of the north and south forks of the Platte River; thence up the
north fork to the top of the principal range of the Rocky Mountains,
or to the Red Buttes; thence southwardly along the summit of the
Rocky Mountains to the headwaters of the Arkansas River; thence
down the Arkansas River to the Cimarone crossing of the same; thence
to the place of beginning; which country they claim to have originally
owned, and never to have relinquished the title thereto.

Article 3. It is further agreed that until the Indians parties hereto
have removed to the reservation provided for by the preceding article
in pursuance of the stipulations thereof, said Indians shall be, and
they are hereby, expressly permitted to reside upon and range at
pleasure throughout the unsettled portions of that part of the country
they claim as originally theirs, which lies between the Arkansas and
Platte Rivers; and that they shall and will not go elsewhere, except
upon the terms and conditions prescribed by the preceding article in
relation to leaving the reservation thereby provided for: Provided ,
That the provisions of the preceding article in regard to encamping
within ten miles of main travelled routes, military posts, towns, and
villages shall be in full force as to occupancy of the country named
and permitted by the terms of this article: Provided , further , That
they, the said Indians, shall and will at all times during such occu¬
pancy, without delay, report to the commander of the nearest military
post the presence in or approach to said country of any hostile bands
of Indians whatsoever.

Article 4. It is further agreed by tjie parties hereto that the
United States may lay off and build through the reservation, pro¬
vided for by Article 2 of this treaty, such roads or highways as may
be deemed necessary; and may also establish such military posts
within the same as may be found necessary in order to preserve peace
among the Indians, and in order to enforce such laws, rules, and reg¬
ulations as are now, or may from time to time be, prescribed by the
President and Congress of the United States for the protection of the

TREATY WITH CHEYENNE AND ARAPAHO, 1865.

681

rights of persons and property among the Indians residing upon said
reservation; and further, that in time of war such other military posts
as may be considered essential to the general interests of the United
States may be established: Provided , however , That upon the building
of such roads, or establishment of such military posts, the amount of
injury sustained by reason thereof by the Indians inhabiting said
reservation shall be ascertained under direction of the President of
the United States, and thereupon such compensation shall be made to
said Indians as in the judgment of the Congress of the United States
may be deemed just and proper.

Article 5. At the special request of the Cheyenne and Arrapahoe
Indians, parties to this treaty, the United States agree to grant, by
patent in fee-simple, to the following-named persons, all of whom are
related to the Cheyennes or Arrapahoes by blood, to each an amount
of land equal to one section of six hundred and forty acres, viz: To
Mrs. Margaret Wilmarth and her children, Virginia Fitzpatrick, and
Andrew Jackson Fitzpatrick; to Mrs. Mary Keith and her children,
William Keith, Mary J. Keith, and Francis Keith; to Mrs. Matilda
Pepperdin and her child, Miss Margaret Pepperdin; to Robert Poisal
and John Poisal; to Edmund Guerrier, Rosa Guerrier, and Julia
Guerrier; to William W. Bent’s daughter, Mary Bent Moore, and
her three children, Adia Moore, William Bent Moore, and George
Moore; to William W. Bent’s children, George Bent, Charles Bent,
and Julia Bent; to A-ma-che, the wife of John Prowers, and her
children, Mary Prowers and Susan Prowers; to the children of Ote-
se-ot-see, wife of John Y. Sickles, viz: Margaret, Minnie, and John;
to the children of John S. Smith, interpreter, William Gilpin Smith,
and daughter Armama; to Jenny Lind Crocker, daughter of Ne-sou-

hoe, or Are-you-there, wife of Lieutenant Crocker; to - Winsor,

daughter of Tow-e-nah, wife of A. T. Winsor, sutler, formerly at Fort
Lyon. Said lands to be selected under the direction of the Secretary
of the Interior, from the reservation established by the 1st article of
their treaty of February 18, A. D. 1861: Provided , That said loca¬
tions shall not be made upon any lands heretofore granted by the
United States to any person, State, or corporation, for any purpose.

Article 6. The United States being desirous to express its condem¬
nation of, and, as far as may be, repudiate the gross and wanton out¬
rages perpetrated against certain bands of Cheyenne and Arrapahoe
Indians, on the twenty-ninth day of November, A. D. 1864, at Sand
Creek, in Colorado Territory, while the said Indians were at peace
with the United States, and under its flag, whose protection they had
by lawful authority been promised and induced to seek, and the Gov-
ernmentbeing desirous to make some suitable reparation for the inju¬
ries then done, will grant three hundred and twenty acres of land by
patent to each of the following-named chiefs of said bands, viz: Moke-
ta-ve-to, or Black Kettle; Oh-tah-ha-ne-so-weel, or Seven Bulls; Alik-
ke-home-ma, or Little Robe; Moke-tah-vo-ve-hoe, or Black White
Man; and will in like manner grant to each other person of said bands
made a widow, or who lost a parent upon that occasion, one hundred
and sixty acres of land, the names of such persons to be ascertained
under the direction of the Secretary of the Interior: Provided , That
said grants shall be conditioned that all devises, grants, alienations,
leases, and contracts relative to said lands, made or entered into during
the period of fifty years from the date of such patents, shall be unlaw¬
ful and void. Said lands shall be selected under the direction of the
Secretary of the Interior within the limits of country hereby set apart
as a reservation for the Indians parties to this treat}7, and shall be free
from assessment and taxation so long as they remain inalienable. The
United States will also pay in United States securities, animals, goods,
provisions, or such other useful articles as may, in the discretion of

Damages therefor
to be ascertained and
paid.

Patents for 640 acres
in fee simple to cer¬
tain persons.

Grants of lands in
reparation for out¬
rages against certain
bands, to certain
chiefs of bands.

Conditions of
grants.

Lands, how to be
selected.

Further compensa¬
tion for property lost.

682

TREATY WITH APACHE, CHEYENNE, AND ARAPAHO, 1865.

Annuities for forty
years.

Amount.

When to he deliv¬
ered.

Present number of
Indians.

Otherportionof tribe
to be urged to join in
this treaty.

Oct. 17, 1865.

14 Stat., 713.

R a t i fi e d May 22,
1866.

Proclaimed May 26,
1866.

Preamble.

the Secretary of the Interior, be deemed best adapted to the respec¬
tive wants and conditions of the persons named in the schedule hereto
annexed, they being present and members of the bands who suffered
at Sand Creek, upon the occasion aforesaid, the sums set opposite
their names, respectively, as a compensation for property belonging
to them, and then and there destroyed or taken from them by the
United States troops aforesaid.

Article 7. The United States agree that they will expend annually
during the period of forty iTears, from and after the ratification of this
treaty, for the benefit of the Indians who are parties hereto, and of
such others as may unite with them in pursuance of the terms hereof,
in such manner and for such purposes as, in the judgment of the Sec¬
retary of the Interior, for the time being, will best subserve their
wants and interests as a people, the following amounts, that is to say,
until such time as said Indians shall be removed to their reservation,
as provided for by Article 2 of this treaty, an amount which shall be
equal to twenty dollars per capita for each person entitled to partici¬
pate in the beneficial provisions of this treaty, and from and after the
time when such removal shall have been accomplished, an amount
which shall be equal to forty dollars per capita for each person entitled
as aforesaid. Such proportion of the expenditure provided for by
this article as may be considered expedient to distribute in the form of
annuities shall be delivered to said Indians as follows, viz: one-third
thereof during the spring, and two-thirds thereof during the autumn
of each year.

For the purpose of determining from time to time the aggregate
amount to be expended under the provisions of this article, it is agreed
that the number entitled to its beneficial provisions the coming year
is two thousand eight hundred, and that an accurate census of the
Indians entitled shall be taken at the time of the annuity payment in
the spring of each year by their agent or other person designated for
that purpose by the Secretary of the Interior, which census shall be
the basis on which the amount to be expended the next ensuing year
shall be determined.

Article 8. The Indians parties to this treaty expressly covenant
and agree that they will use their utmost endeavor to induce that por¬
tion of the respective tribes not now present to unite with them and
accede to the provisions of this treaty, which union and accession shall
be evidenced and made binding on ail parties whenever such absentees
shall have participated in the beneficial provisions of this treaty.

Article 9. Upon the ratification, of this treaty all former treaties
are hereby abrogated.

H. B. — The Apache tribe was brought into the provisions of the
above treaty by the second article of the treaty with the Apaches,
Cheyennes and Arrapahoes, proclaimed May 26, 1866.

TREATY WITH APACHE. CHEYENNE, AND ARAPAHO, 1865.

Whereas a treaty was made and concluded, by and between the
undersigned commissioners on the part of the United States, and the
undersigned chiefs and head-men of the Cheyenne and Arrapahoe
tribes of Indians, on the part of said tribes, on the fourteenth day of
October, A. D. 1865, at the council-grounds on the Little Arkansas
River, in the State of Kansas; and, whereas, the Apache Indians, who
have been heretofore confederated with the Kiowa and Comanche
tribes of Indians, are desirous of dissolving said confederation and
uniting their fortunes with the said Cheyennes and Arrapahoes; and
whereas the said last-named tribes are willing to receive among them¬
selves on an equal footing with the members of their own tribes, the

TREATY WITH COMANCHE AND KIOWA, 1865.

683

said Apache Indians; and the United States, by their said commis¬
sioners, having given their assent thereto; it is therefore hereby agreed
by and between the United States, by their said commissioners, and
the said Cheyenne, Arrapahoe, and Apache Indians, by the under¬
signed chiefs and head-men of said tribes respectively, as follows, viz:

Article 1. The said Cheyenne, Arrapahoe, and Apache tribes hence¬
forth shall be and they are hereby united, and the United States will
hereafter recognize said tribes as the confederated bands or tribes of
Cheyenne, Arrapahoe, and Apache Indians.

Article 2. The several terms, stipulations and agreements to be
done and performed on the part of the United States for and with the
said Cheyenne and Arrapahoe tribes of Indians, and by the said Chey¬
enne and Arrapahoe tribes of Indians, for and with the United States,
by the provisions of said treaty of October 14th, A. D. 1865, shall be
done and performed by the United States for and on behalf of the said
confederated tribes or bands of Cheyenne, Arrapahoe, and Apache
Indians, and on their part shall be done, observed and performed to,
with and for the United States in the same manner, to the same extent,
and for like objects, to all intents and purposes, as would have been
the case had said treaty been originally made and executed with the
said confederated tribes of Cheyenne, Arrapahoe, and Apache Indians.

TREATY WITH COMANCHE AND KIOWA, 1865.

Articles of a treaty made and concluded at the council-ground on the
Little Arkansas River eight miles from the mouth of said river , in
the State of Kansas, on the eighteenth day of October , in the year of
our Lord one thousand eight hundred and sixty-five , by and between
John B. Sanborn , William S. Harney , Thomas Murphy, Kit Carson ,
William W. Bent , Jesse H. Leavenworth , and James Steele , commis¬
sioners on the part of the United States , and the undersigned chiefs
and head-men of the several bands of Comanche Indians specified in
connection with their signatures , and the chiefs and head-men of the
Riowa tribe of Indians , the said chiefs and head-men by the said
bands and tribes being thereunto duly authorized,.

Article 1. It is agreed by the parties to this treaty that hereafter
perpetual peace shall be maintained between the people and Govern¬
ment of the United States and the Indians parties hereto, and that the
Indians parties hereto shall forever remain at peace with each other
and with all other Indians who sustain friendly relations with the Gov¬
ernment of the United States.

For the purpose of enforcing the provisions of this* article, it is
agreed that in case hostile acts or depredations are committed by the
people of the United States, or by the Indians on friendly terms with
the United States, against the tribe or tribes or the individual mem¬
bers of the tribe or tribes who are parties to this treaty, such hostile
acts or depredations shall not be redressed by a resort to arms, but
the party or parties aggrieved shall submit their complaints, through
their agent, to the President of the United States, and thereupon an
impartial arbitration shall be had under his direction, and the award
thus made shall be binding on all parties interested, and the Govern¬
ment of the United States will in good faith enforce the same.

And the Indians parties hereto, on their part, agree, in case crimes or
other violations of law shall be committed by any person or persons mem¬
bers of their tribe, such person or persons shall, upon complaint being
made in writing to their agent, superintendent of Indian affairs, or to
other proper authority, by the party injured, and verified by affidavit,
be delivered to the person dulv authorized to take such person or per-

Cheyenne, Arapaho,
and Apache tribes
are united and recog¬
nized as confederated
tribes by the United
States.

Stipulations of for¬
mer treaty to be bind¬
ing upon the parties
hereto.

Oct. 18, 1865.

14 Stat., 717.
Ratified May 22,
1866.

Proclamation May
26, 1866.

Perpetual peace.

Hostile acts to be
settled by arbitration.

Members of the tribe
committing crimes to
be surrendered.

684

TREATY WITH COHAN CHE AND KIOWA, 1865.

Reservation for In¬
dians who are parties
hereto.

Boundaries, no
whites except, etc., to
settle thereon unless,
etc.

Indians to remove
thereto and not leave
unless, .etc.

To refrain from dep¬
redations.

Not to encamp
within ten miles of,
etc.

Claims to other
lands relinquished.

Until removal to
reservation Indians to
be where.

Proviso.

sons into custody, to the end that such person or persons may be pun¬
ished according to the laws of the United States.

Article 2. The United States hereby agree that the district of
country embraced within the following limits, or such portion of the
same as may hereafter from time to time be designated by the Presi¬
dent of the United States for that purpose, viz: commencing at the
northeast corner of New Mexico, thence south to the southeast corner
of the same: thence northeastwardly to a point on main Red River
opposite the mouth of the North Fork of said river: thence down said
river to the 98th degree of west longitude: thence due north on said
meridian to the Cimarone river: thence up said river to a point where
the same crosses the southern boundary of the State of Kansas : thence
along said southern boundary of Kansas to the southwest corner of
said State: thence west to the place of beginning, shall be and is hereby
set apart for the absolute and undisturbed use and occupation of the
tribes who are parties to this treaty, and of such other friendly tribes
as have heretofore resided within said limits, or as they may from time
to time agree to admit among them, and that no white person except
officers, agents, and employes of the Government shall go upon or
settle within the country embraced within said limits, unless formally
admitted and incorporated into some one of the tribes lawfully residing
there, according to its laws and usages. The Indians parties hereto on
their part expressly agree to remove to and accept as their permanent
home the country embraced within said limits, whenever directed so
to do by the President of the United States, in accordance with the
provisions of this treaty, and that they will not go from said country
for hunting purposes without the consent in writing of their agent or
other authorized person, specifying the purpose for which such leave
is granted, and such written consent in all cases shall be borne with
them upon their excursions, as evidence that they are rightfully away
from their reservation, and shall be respected by all officers, employes,
and citizens of the United States, as their sufficient safeguard and pro¬
tection against injury or damage in person or property, by any and all
persons whomsoever. It is further agreed by the Indians parties
hereto, that when absent from their reservation, they will refrain from
the commission of any depredations or injuries to the person or prop¬
erty of all persons sustaining friendly relations with the Government
of the United States; that they will not while so absent encamp, by
day or night, within ten miles of any of the main travelled routes or
roads through the country to which they go, or of the military posts,
towns, or villages therein, without the consent of the commanders of
such military posts, or of the civil authorities of such towns or villages,
and that henceforth they will and do hereby, relinquish all claims or
rights in and to any portion of the United States or territories, except
such as is embraced within the limits aforesaid, and more especially
their claims and rights in and to the country north of the Cimarone
River and west of the eastern boundary of New Mexico.

Article 3. It is further agreed that until the Indians parties hereto
have removed to the reservation provided for by the preceding article,
in pursuance of the stipulations thereof, said Indians shall be and
they are hereby, expressly permitted to reside upon and range at
pleasure throughout the unsettled portions of that part of the country
they claim as originally theirs, which lies south of the Arkansas
River, as well as the country embraced within the limits of the reser¬
vation provided for by the preceding article, and that they shall and
will not go elsewhere, except upon the terms and conditions prescribed
by the preceding article in relation to leaving said reservation: Pro¬
vided , That the provisions of the preceding article in regard to
encamping within ten miles of main travelled routes, military posts,
towns, ana villages, shall be in full force as to the privileges granted

TREATY WITH COMANCHE AND KIOWA, 1865.

685

by this article: And provided further , That they, the said Indians,
shall and will at all times, and without delay, report to the commander
of the nearest military post the presence in or approach to said
country of any hostile band or bands of Indians whatever.

Article 4. It is further agreed by the parties hereto that the
United States may lay off and build through the reservation, provided
for by Article 2 of this treaty, roads or highways as may be deemed
necessary, and may also establish such military posts within the same
as may be found necessary, in order to preserve peace among the
Indians, and in order to enforce such laws, rules, and regulations
as are now or may from time to time be prescribed by the President
and Congress of the U nited States for the protection of the rights
of persons and property among the Indians residing upon said reser¬
vation, and further, that in time of war such other military posts
as may be considered essential to the general interests of the United
States may be established: Provided , however , That upon the building
of such roads, or establishment of such military posts, the amount of
injury sustained by reason thereof by the Indians inhabiting said
reservation shall f>e ascertained under direction of the President of
the United States, and thereupon such compensation shall be made to
said Indians as, in the judgment of the Congress of the United States,
may be deemed just and proper.

Article 5. The United States agree that they will expend annually,
during the period of forty years, from and after the ratification of this
treaty, for the benefit of the Indians who are parties hereto, and of
such others as may unite with them in pursuance of the terms hereof,
in such manner and for such purposes as, in the judgment of the Sec¬
retary of the Interior for the time being, will best subserve their wants
and interests as a people, the following amounts, that is to say, until
such time as said Indians shall be removed to their reservations, as
provided for by article two of this treaty, an amount which shall be
equal to ten dollars per capita for each person entiled to participate in
the beneficial provisions of this treaty; and from and after the time
when such removal shall have been accomplished, an amount which
shall be equal to fifteen dollars per capita for each person entitled as
aforesaid. Such proportion of the expenditure provided for by this
article as may be considered expedient to distribute in the form of
annuities shall be delivered to said Indians as follows, viz: One-third
thereof during the spring, and two-thirds thereof during the autumn
of each year.

For the purpose of determining from time to time the aggregate
amount to be expended under the provisions of this article, it is agreed
that the number entitled to its beneficial provisions the coming year is
four thousand, and that an accurate census of the Indians entitled shall
be taken at the time of the annuity payment in the spring of each year
bv their agent or other person designated by the Secretary of the
Interior, which census shall be the basis on which the amount to be
expended the next ensuing year shall be determined.

Article 6. The Indians parties to this treaty expressly covenant
and agree that they will use their utmost endeavors to induce that
portion of the respective tribes not now present to unite with them
and accede to the provisions of this treaty, which union and accession
shall be evidenced and made binding on all parties whenever such
absentees shall have participated in the beneficial provisions of this
treaty.

Proviso.

United States may
build roads through
reservation and es¬
tablish military posts.

Damages therefor to
be ascertained and
paid.

Annuities. See post.
Art. 10, treaty of Oct.
21, 1867.

Payment of annui¬
ties.

Other portions of
tribes to be urged to
join in this treaty.

686

TREATY WITH SIOUX - TWO-KETTLE BAXT>, 1865.

Oct. 19, 1865.

14 Stats! , 723.
Ratified, with
amendments, Mar. 5,
1866.

Proclamation, Mar.
17, 1866.

Authority and juris¬
diction of the United
States acknowledged.

Persons and proper¬
ty of other tribes not
to be firstattacked.

Controversies to be
submitted to the arbit¬
rament of the Presi¬
dent.

Indians to with¬
draw from overland
routes.

Individual Indians
locating upon lands
to be protected.

Payments for agri¬
cultural, etc., imple¬
ments.

Farmer and black¬
smith.

Teachers.

Indemnity to i kill¬
ing a chief.

TREATY WITH SIOUX— TWO-KETTLE BAND, 1865.

Articles of a treaty made and concluded at Fori Sully , in the Territory
of Dakota, by and between Newton Edmunds , governor and ex-officio
superintendent of Indian affairs of Dakota Territory , Edward B.
Taylor , superintendent of Indian affairs for the northern superin¬
tendence /, Major-General S. R. Curtis , Brigadier- General II. II
Sibley , Ilenry W. Reed , and Orrin Guernsey , commissioners on the
, part of' the United States , duly appointed by the President , and the
undersigned , chiefs and head-men of the Two-Kettles band of Dakota
or- Sioux Indians.

Article 1. The Two-Kettles band of Dakota or Sioux Indians rep¬
resented in council, hereby acknowledge themselves to be subject to
the exclusive jurisdiction and authority of the United States, and
hereby obligate and bind themselves individually and collectively, not
only to cease all hostilities against the persons and property of its cit¬
izens, but to use their influence, and, if necessary, physical force, to
prevent other bands of the Dakota or Sioux, or other adjacent tribes,
from making hostile demonstrations against the Government of the
United States, or its people.

Article 2. Inasmuch as the Government of the United States is
desirous to arrest the effusion of blood between the Indian tribes
within its jurisdiction, hitherto at war with each other, the Two-
Kettles band of Dakota or- Sioux, represented in council, anxious to
respect the wishes of the Government, hereby agree and bind them¬
selves to discontinue, for the future, all attacks upon the persons or
property of other tribes, unless first assailed by them, and to use their
influence to promote peace everywhere in the region occupied or fre¬
quented by them.

Article 3. All controversies or differences arising between the Two-
Kettles band of Dakota or Sioux, represented in council, and other
tribes of Indians, involving the question of peace or war, shall be sub¬
mitted for the arbitrament of the President, or such person or per¬
sons as may be designated by him, and the decision or award faithfully
observed by the said band, represented in council.

Article 4. The said band, represented in council, shall withdraw
from the routes overland already established, or hereafter to be estab¬
lished, through their country; and, in consideration thereof, the Gov¬
ernment of the United States agree to pay to the said band the sum of
six thousand dollars annually, for twenty years, in such articles as the
Secretary of the Interior may direct: Provided , That the said band so
represented in council shall faithfully conform to the requirements of
this treaty.

Article 5. Should any individual or individuals, or portion of the
band of the Two-Kettles band of Dakota and Sioux Indians, repre¬
sented in council, desire hereafter to locate permanently upon any part
of the land claimed by the said band, for the purpose of agricultural or
other pursuits, it is hereby agreed by the parties to this treaty that
such individual or individuals shall be protected in such location
against any annoyance or molestation on the part of whites or Indians;
and where twenty lodges or families of the Two-Kettles band shall
have located on lands for agricultural purposes, and signified the same
to their agent or superintendent, they as well as other families so
locating shall receive the sum of twenty-five dollars annually, for five
years, for each family, in agricultural implements and improvements;
and when one hundred lodges or families shall have so engaged in
agricultural pursuits, they shall be entitled to a farmer and blacksmith,
at the expense of the Government, also teachers, at the option of the
Secretary of the Interior, when deemed necessary.

Article 6. Soldiers in the United States service having killed Ish-
tah-chah-ne-aha, (Puffing Eyes,) a friendly chief of the Two-Kettles

TREATY WITH THE BLACKFOOT SIOUX, 1865.

687

band of Dakota or Sioux Indians, it is hereby agreed that the Govern¬
ment of the United States shall cause to be paid to the surviving
widow of the deceased and his children, seventeen in number the
sum of five hundred dollars; and to the said tribe or band, in common,
as indemnity for killing said chief, the sum of five hundred dollars,
said payment to be made under the direction of the Secretary of the
Interior.

Article 7. Any amendment or modification of this treaty by the Amendments to be
Senate of the United States shall be considered final and binding upon binding-
the said band, represented in council, as a part of this treat}?-, in the
same manner as if it had been subsequently presented and agreed to
by the chiefs and head-men of said band.

TREATY WITH THE BLACKFOOT SIOUX, 1865.

Articles of a treaty made and concluded at Fort Sully , in the Territory oct. 19, 1865.

of Dakota , by and between Newton Edmunds , governor and ex-officio J4Stat 727 -

superintendent of Indian affairs , of Dakota Territory , Edward D. Ratified, with
Taylor , superintendent of Indian affairs for the northern superin- i866.ndment’ Mar' 5’
tendency , Major-General S. R. Curtis , Brigadier- General II. II i7Pi866lamation Mar‘
Sibley , Henry W. Reed , and Orrin Guernsey , commissioners on the
part of the United States , duly appointed by the President , and the
undersigned chiefs and headmen of the Blackfeet band of Dakota or
Sioux Indians.

Article 1. The Blackfeet band of Dakota or Sioux Indians, repre- thout^ofthe united
sen ted in council, hereby acknowledge themselves to be subject to the statesyacknowiedged,
exclusive jurisdiction and authority of the United States, and hereby etc'
obligate and bind themselves, individually and collectively, not only
to cease all hostilities against the persons and property of its citizens,
but to use their influence, and, if necessary, physical force to prevent
other bands of the Dakota or Sioux, or other adjacent tribes from
making hostile demonstrations against the Government of the United
States, or its people.

Article 2. Inasmuch as the Government of the United States is Persons and prop-
desirous to arrest the effusion of blood between the Indian tribes lot tof behefirstnat-
within its jurisdiction hitherto a[t] war with each other, the Blackfeet tacked,
band of Dakota or Sioux, represented in council, anxious to respect
the wishes of the Government, hereby agree and bind themselves to
discontinue for the future all attacks upon the persons or property of
other tribes, unless first assailed by them, and to use their influence to
promote peace everywhere in the region occupied or frequented by
them.

Article 3. All controversies or differences arising between the controversies to be
Blackfeet band of Dakota or Sioux, represented in council, and other raSt eoftothl ap?es-
tribes of Indians, involving the question of peace or war, shall be sub- ident-
mitted for the arbitrament of the President, or such person or persons
as may be designated by him, and the decision or award faithfully
observed by the said band represented in council.

Article 4. The said band, represented in council, shall withdraw Indians to with-
from the routes overland already established or hereafter to be estab- S^0111 overland
lished, through their country, and in consideration thereof, the Gov¬
ernment of the United States agree to pay to the said band the sum of Payments,
seven thousand dollars annually, for twenty years, in such articles as
the Secretary of the Interior may direct: Provided , That said band, Proviso,
so represented in council, shall faithfully conform to the requirements
of this treaty.

Article 5. Any amendment or modification of this treaty by the ^Amendments to be
[Senate of the United States shall be considered final and binding upon m me‘
the] said band represented in council, as a part of this treaty, in the
same manner as if it had been subsequently presented and agreed to
by the chiefs and headmen of said nation.

688

TREATY WITH SIOUX - SANS ARCS BAND, 1865.

TREATY WITH SIOUX — SANS ARCS BAND, 1865.

- ?ct~ 2^* 1865, . — Articles of a treaty made and concluded at fort Sully , in the Territory

Ratifie®' with °f Dakota, by and between Newton Edmunds , governor and ex-officio

amendment,’ Mar. 5, superintendent of Indian affairs of Dakota Territory , Edward B.

proclamation, Mar. Taylor , superintendent of Indian affairs for the northern superin-
1',186C' tendency , Major-General S. IL Curtis , Brigadier- General II. H.

Sibley , Henry W. Deed, and Orrin Guernsey , commissioners on the
part of' the United States , duly appointed by the President , and the
undersigned chiefs and head-men of the Sans Arcs band of Dakota or
Sioux Indians.

risdieSonof the unit" Article 1. The Sans Arcs band of Dakota or Sioux Indians, rep-
ed eltates acknowl‘ resented in council, hereby acknowledge themselves to be subject to
the exclusive jurisdiction and authority of the United States, and
hereby obligate and bind themselves, individually and collectively,
not only to cease all hostilities against the persons and property of its
citizens, but to use their influence, and, if requisite, physical force, to
prevent other bands of Dakota Indians, or other adjacent tribes, from
making hostile demonstrations against the Government or people of
the United States.

ertyofothertribesnot Article 2. Inasmuch as the Government of the United States is
to be first attacked. ,desirous to arrest the effusion of blood between the Indian tribes
within its jurisdiction hitherto at war with each other, the Sans Arcs
band of Dakota or Sioux Indians, represented in council, anxious to
respect the wishes of the Government, hereby agree to discontinue
for the future all attacks upon the persons or property of other tribes,
unless first attacked by them, and to use their influence to promote
peace everywhere in the region occupied or frequented by them.
submitted6 toethe° ar^ Article 3. All controversies or differences arising between the

bitramentof the Pres- Sans Arcs band of Dakota or Sioux Indians, involving the question of
peace or war, shall be submitted for the arbitrament of the President,
or such person or persons as may be designated by him, and the deci¬
sion or award shall be faithfully observed by the said band represented
in council.

Indians towithdraw Article 4. The said band represented in council shall withdraw
romo^er an rou es. ,j|rom ^ ron£e overland already established, or hereafter to be estab¬
lished, through their country; and in consideration thereof the Gov-
pavments. ernment of the United States agree to pay the said band the sum of

thirty dollars for each lodge or family, annually, for twenty years, in
proviso. such articles as the Secretary of the Interior may direct: Provided ,

That said band so represented in council shall faithfully conform to the
requirements of this treaty.

ioSSiigd uapo1ndSl Article 5. Should any individual or individuals or portion of the
lands to be protected, band of the Sans Arcs band of Dakota or Sioux Indians, represented
in council, desire hereafter to locate permanently upon any land claimed
by said band for the purposes of agricultural or other similar pursuits,
it is hereby agreed by the parties to this treaty, that such individuals
shall be protected in such location against any annoyance or moles¬
tation on the part of whites or Indians; and whenever twenty lodges
or families of the Sans Arcs band shall have located on land for agri¬
cultural purposes, and signified the same to their agent or superintend-
Payments for agri- ent, they, as well as other families so locating, snail receive the sum
ments.a1’ etc” imple~ of twenty -five dollars annually, for five years, for each family, in
agricultural implements and improvements; and when one hundred
lodges or families shall have so engaged in agricultural pursuits they
smithmer and black shall he entitled to a farmer and blacksmith, at the expense of the Gov-
Teachers. ernment; as also teachers, at the option of the Secretary of the Inte¬

rior, whenever deemed necessary.

TREATY WITH SIOUX— HU NKPAPA BAND, 1865.

689

Article 6. Any amendment or modification of this treaty, by the
Senate of the United States, shall be considered final and binding upon
the said band represented in council as a part of this treaty, in the same
manner as if it had been subsequently presented and agreed to by the
chiefs and head-men of said band.

TREATY WITH SIOUX— HUNKPAPA BAND, 1865.

Articles of a treaty made and concluded at Fort Sully , in the Territory
of Dakota , by and between Newton Edmunds , governor and ex-officio
superintendent of Indian affairs of Dakota Territory , Edward B.
Taylor , superintendent of Indian Affairs for the northern superin-
teiideney , Major-General S. R. Curtis , Brigadier- General Ii. Id.
Sibley , Henry W. Reed , and Orrin Guernsey , commissioners on the
vart of the United States , duly appointed by the President , and the
undersigned chiefs and head-men of the Onkpahpah band of Dakota
or Sioux Indians. >

Article 1. The Onkpahpah band of Dakota or Sioux Indians, rep¬
resented in council, hereby acknowledge themselves to be subject to
the exclusive jurisdiction and authority of the United States, and
hereby obligate and bind themselves, individually and collectively, not
only to cease all hostilities against the persons and property of its
citizens, but to use their influence, and, if requisite, physical force, to
prevent other bands of Dakota Indians, or other adjacent tribes, from
making hostile demonstrations against the Government or people of
the United States.

Article 2. Inasmuch as the Government of the United States is
desirous to arrest the effusion of blood between the Indian tribes
within its jurisdiction hitherto at war with each other, the Onkpahpah
band of Dakota or Sioux Indians, represented in council, anxious to
respect the wishes of the Government, hereby agree to discontinue for
the future all attacks upon the persons or property of other tribes,
unless first attacked by them, and to use their influence to promote
peace everywhere in the region occupied or frequented by them.

Article 3. All controversies or differences arising between the
Onkpahpah band of Dakota or Sioux Indians involving the question of
peace or war shall be submitted for the arbitrament of the President,
or such person or persons as may be designated bj^ him, and the deci¬
sion or award shall be faithfully observed by the said band repre¬
sented in council.

Article 4. The said band represented in council shall withdraw
from the routes overland already established, or hereafter to be estab¬
lished, through their country; and in consideration thereof the Gov¬
ernment of the United States agree to pay the said band the sum of
thirty dollars for each lodge or family, annually, for twenty years, in
such articles as the Secretary of the Interior may direct: Provided ,
That said band so represented in council shall faithfully conform to
the requirements of this treaty.

Article 5. Should any individual or individuals, or portion of the
band of the Onkpahpah band of Dakota or Sioux Indians, represented
in council, desire hereafter to locate permanently upon any land
claimed by said band for the purposes of agricultural or other similar
pursuits, it is hereby agreed by the parties to this treaty that such
individuals shall be protected in such location against any annoyance
or molestation on the part of whites or Indians, and whenever twenty
lodges or families of the Onkpahpah band shall have located on land
for agricultural purposes, and signified the same to their agents or

S. Doc. 452 - 44

Amendments to be
binding.

Oct. 20, 1865.

14 Stat., 739.
Ratified, with
amendment, Mar. 5,
1866.

Proclamation, Mar.
17, 1866.

Jurisdiction and au¬
thority of the United
States acknowledged.

Persons and prop¬
erty of other tribes not
to be first attacked.

Controversies to be
submitted to the arbit¬
rament of the Presi¬
dent.

Indians to withdraw
from overland routes.

Payments.

Proviso.

Individual Indians
locating on lands to
be protected.

690

TREATY WITH SIOUX - YANKTON AI BAND, 1865.

Payments for agri¬
cultural, etc., pur¬
poses.

Farmer, black¬
smith. and teachers.

Amendments to be
binding.

Oct. 20, 1865.

14 Stat., 735.
Ratified, with
amendment. Mar. 5,
1866.

Proclamation, Mar.
17, 1866.

Authority and juris¬
diction of the United
States acknowledged.

Persons and prop¬
erty of other tribes not
to be first attacked.

Controversies to be
submitted to the arbit¬
rament of the Presi¬
dent

Indians to withdraw
from overland routes.

Payments.

Proviso.

Individual Indians
locating on lands to
be protected.

superintendent, they as well as other families so locating shall receive
the sum of twenty-five dollars annually for five years, for each family,
in agricultural implements and improvements; and when one hundred
lodges or families shall have so engaged in agricultural pursuits, they
shall be entitled to a farmer and blacksmith, at the expense of the
Government, as also teachers, at the option of the Secretary of the
Interior, whenever deemed necessary.

Article 6. Any amendment or modification of this treaty by the
Senate of the United States shall be considered final and binding upon
the said band, represented in council, as a part of this treaty, in the
same manner as if it had been subsequently presented and agreed to
by the chiefs and head-men of said band.

TREATY WITH SIOUX— YANKTON AI BAND, 1865.

Articles of a treaty made and concluded at Fort Sully, in the Territory
of Dakota , by and between Newton Edmunds , governor and ex-
officio superinten dent of Indian affairs of Dakota Teiwitory , Edward
B. Taylor, superintendent of Indian affairs for the northern super -
intendency, Major-General S. R. Curtis, Brigadier- General II. H.
Sibley, Henry W. Reed, and Orrvn Guernsey, commissioners on the
part of the United States, duly appointed by the President, and the
undersigned chiefs and head-men of the Yanktonai band of Dakota
or Sioux Indians.

Article 1. The Yanktonai band of Dakota or Sioux Indians, repre¬
sented in council, hereby acknowledge themselves to be subject to the
exclusive jurisdiction and authority of the United States, and hereby
obligate and bind themselves, individually and collectively, not only to
cease all hostilities against the persons and property of its citizens, but
to use their influence, and, if requisite, physical force, to prevent other
bands of Dakota Indians, or other adjacent tribes, from making hostile
demonstrations against the Government or people of the United States.

Article 2. Inasmuch as the Government of the United States is
desirous to arrest the effusion of blood between the Indian tribes within
its jurisdiction hitherto at war with each other, the Yanktonai band
of Dakota or Sioux Indians represented in council, anxious to respect
the wishes of the Government, hereby agree to discontinue, for the
future all attacks upon the persons or property of other tribes, unless
first attacked by them, and to use their influence to promote peace
everywhere in the region occupied or frequented by them.

Article 3. All controversies or differences arising between the
Yanktonai band of Dakota or Sioux Indians, represented in council,
and other tribes of Indians, involving the question of peace or war,
shall be submitted for the arbitrament of the President, or such person
or persons as may be designated by him, and the decision or award
shall be faithfully observed by the said band represented in council.

Article I. The said band, represented in council shall withdraw
from the routes overland already established, or hereafter to be estab¬
lished, through their country; and in consideration thereof, the Gov¬
ernment of the United States agree to pay the said band the sum of
thirty dollars for each lodge or family, annually, for twenty years, in
such articles as the Secretary of the Interior may direct: Provided,
That said band, so represented in council, shall faithfully conform to
the requirements of this treaty.

Article 5. Should any individual or individuals, or portion of the
band of the Yanktonai band of Dakota or Sioux Indians represented
in council, desire hereafter to locate permanently upon any land
claimed by said band for the purposes of agricultural or other similar

TREATY WITH SIOUX— UPPER YANKTONAI BAND, 1865.

691

pursuits, it is hereby agreed by the parties to to this treaty that such
individuals shall be protected in such location against any annoyance
or molestation on the part of whites or Indians; and whenever twenty
lodges or families of the Yanktonai band shall have located on lands
for agricultural purposes, and signified the same to their agents or
superintendent, they, as well as other families so locating, shall receive
thesumof twenty-five dollars annually, for five years, for each family,
in agricultural implements and improvements; and when one hundred
lodges or families shall have so engaged in agricultural pursuits, they
shall be entitled to a farmer and blacksmith, at the expense of the
Government, as also teachers, at the option of the Secretary of the
Interior, whenever deemed necessary.

TREATY WITH SIOUX— UPPER YANKTONAI BAND, 1865.

Articles of a treaty made and concluded at Fort Sully , in the Territory
of Dakota, by and between Newton Edmunds , governor' and ex-officio
superintendent of Indian affairs of Dakota Territory , Edward B.
Taylor , superintendent of Indian affairs for the northern superinten¬
dency , Major- General S. JR. Curtis , Brigadier- General II. ll. Sibley ,
Henry W. Reed , and Orrin Guernsey , commissioners on the part of
the United States , duly appointed by the President , and the undersigned
chiefs and head-men of the Upper Yanktonais band of Dakota or
Sioux Indians.

Article 1. The Upper Yanktonais band of Dakota or Sioux Indians,
represented in council, hereby acknowledge themselves to be subject
to the exclusive jurisdiction and authority of the United States, and
hereby obligate and bind themselves, individually and collectively, not
only to cease all hostilities against the persons and property of its citi¬
zens, but to use their influence, and, if necessary, physical force, to
prevent other bands of the Dakota Indians, or other adjacent tribes,
from making hostile demonstrations against the Government or people
of the United States.

Article 2. Inasmuch as the Government of the United States is
desirous to arrest the effusion of blood between the Indian tribes within
its jurisdiction hitherto at war with each other, the Upper Yanktonais
band of Dakota or Sioux Indians, represented in council, anxious to
respect the wishes of the Government, hereby agree to discontinue for
the future all attacks upon the persons or property of other tribes,
unless first attacked by them, and to use their influence to promote
peace everywhere in the region occupied or frequented by them.

Article 3. All controversies or differences arising between the
Upper Yanktonais band of Dakota or Sioux Indians, represented in
council, and other tribes of Indians, involving the question of peace or
war, shall be submitted for the arbitrament of the President, or such
person or persons as may be designated by him, and the decision or
award faithfully observed by the said band represented in council.

Article I. The said band represented in council shall withdraw
from the routes overland already established, or hereafter to be estab¬
lished, through their country; and in consideration thereof, and of
their non-interference with the persons and property of citizens of the
United States travelling thereon, the Government of the United States
agree to pay the said band the sum of ten thousand dollars, annually.

Payments for agri¬
cultural, etc., pur¬
poses.

Farmer, blacksmith,
and teachers.

Amendments to be
binding.

Oct. 28, 1865.

14 Stats., p. 743.
Ratified, with
amendment, Mar. 5,
1866.

Proclamation Mar.
17, 1866.

Jurisdiction and au¬
thority of the United
States acknowledged.

Persons and proper¬
ty of other tribes not
to be first attacked.

Controversies to be
submitted to the ar¬
bitrament of the Pres¬
ident.

Indians to withdraw
from overland routes.

Payments.

692

TREATY WITH SIOUX-— OHLALA BAND, 1865.

for twenty years, in such articles as the Secretary of the Interior may
proviso. direct: Provided, That said band so represented in council shall faith¬

fully conform to the requirements of this treaty,
individual Indians Article 5. Should any individual or individuals, or portion of the
beprotlcted. an s 0 band of the Upper Yanktonais band of Dakota or Sioux Indians, rep¬
resented in council, desire hereafter to locate permanently upon any
land claimed by said band for the purposes of agricultural or other
similar pursuits, it is hereby agreed by the parties to this treaty that
said individuals shall be protected in such location against any annoy¬
ance or molestation on the part of whites or Indians, and whenever
twenty lodges or families of the Upper Yanktonais band shall have
located on land for agricultural purposes, and signified the same to
their agent or superintendent, they, as well as other families so locat-
cuTtumiepurposesagri receive the sum of twenty -five dollars annually for five

years, for each family, in agricultural implements and improvements;
and when one hundred lodges or families shall have so engaged in
Farmer. blacksmith, agricultural pursuits they shall be entitled to a farmer and blacksmith
and teachers. at the expense of the Government, as also teachers, at the option of

the Secretary of the Interior, w[h]enever deemed necessary.
bindinndments t0 be Article 6. Any amendment or modification of this treaty by the
Senate of the United States shall be considered final and binding upon
the said band, represented in council, as a part of this treaty, in the
same manner as if it had been subsequently presented and agreed to
by the chiefs and head-men of said band.

TREATY WITH SIOUX— 06LALA BAND, 1865.

oct. 28, 1865. Articles of a treaty made and concluded at Fort Sully, in the Territory

it stats., p. 747 . of Dakota, by and between Newton Edmunds, governor and ex-officio

amendments,’ Mar.1^ superintendent of Indian affairs of Dakota Territory , Edward B.
^Proclamation Mar Taylor, superintendent of Indian affairs for the northern superin-
17,1866. ’ tendency, Mayor- General S. B. Curtis , Brigadier- General, II. H.

Sibley, Henry TU Deed, and Orrin Guernsey, commissioners on the
part of the United States, duly appointed by the President, and the
undersigned chiefs and head-men of the O’ Galla band of Dakota or
Sioux Indians.

jurisdiction and am Article 1. The O’Gallala band of Dakota or Sioux Indians, repre¬

ss* te!?a cknowi edged, seated in council, hereby acknowledge themselves to be subject to the
exclusive jurisdiction and authority of the United States, and hereby
obligate and bind themselves, individually and collectively, not only to
cease all hostilities against the persons and property of its citizens, but
to use their influence, and, if necessary, physical force, to prevent
other bands of the Dakota Indians, or other adjacent tribes, from
making hostile demonstrations against the Government or people of
the United States.

Persons and prop- Article 2. Inasmuch as the Government of the United States is
bTbe0 first attacked?01 desirous to arrest the effusion of blood between the Indian tribes
within its jurisdiction hitherto at war with each other, the O’Gallala
band of Dakota or Sioux Indians, represented in council, anxious to
respect the wishes of the Government, hereby agree to discontinue for
the future all attacks upon the persons or property of other tribes,
unless first attacked by them, and to use their influence to promote
peace everywhere in the region occupied or frequented by them.
subutittedetSoiethe° &r- Article 3. All controversies or differences arising between the
bitrament oi°the Pres- O’Gallala band of Dakota or Sioux Indians, represented in council, and
ident- other tribes of Indians, involving the question of peace or war, shall

be submitted shall be submitted for the arbitrament of the arbitrament
of the President, or such person or persons as may be designated by

TREATY WITH MIDDLE OREGON TKIBES, 1865.

693

him, and the decision or award faithfully* observed by the said band rep¬
resented in council.

Article 4. The said band represented in council shall withdraw
from the routes overland already established or hereafter to be estab¬
lished through their country: and in consideration thereof, the Gov¬
ernment of the United States agree to pay to the said band the sum of
ten thousand dollars annually for twenty years, in such articles as the
Secretary of the Interior may direct: Provided , That said band, so
represented in council, shall faithfully conform to the requirements of
this treaty.

Article 5. Should any individual or individuals, or portion of the
band of the [O’Gallala] band of Dakota or Sioux Indians, represented in
council, desire hereafter to locate permanently upon any land claimed
by said band for the purposes of agricultural or other similar pursuits,
it is hereby agreed by the parties to this treaty, that such individuals
shall be protected in such location against any annoyance or molestation
on the part of whites or Indians; and whenever twenty lodges or fam¬
ilies of the O’Gallala band shall have located on land for agricultural
purposes, and signified the same to their agent or superintendent, they
as well as other families so locating shall receive the sum of twenty -
five dollars annually, for five years, for each family, in agricultural
implements and improvements; and when one hundred lodges or fam¬
ilies shall have so engaged in agricultural pursuits they shall be enti¬
tled to a farmer and blacksmith, at the expense of the Government, as
also teachers, at the option of the Secretary of the Interior, whenever
deemed necessary.

TREATY WITH MIDDLE OREGON TRIBES, 1865.

Articles of agreement and convention entered into at the Warm Springs
, Agency , Oregon , by J. W. Perit Huntington , supH Indian affairs

for Oregon , on behalf of the United States, and the undersigned,
chiefs and head-men of the confederated tribes and bands of Middle
Oregon , the same being amendatory of and supplemental to the
treaty negotiated with the aforesaid tribes on the twenty-fifth day of
June, eighteen hundred and fifty -five, and ratified by the Senate of
the United States on the eighteenth day of April, eighteen hundred
and fifty-nine.

Article 1. It having become evident from experience that the pro¬
vision of article 1 of the treaty of the twenty-fifth of J une, A. D.
eighteen hundred and fifty-five, which permits said confederated
tribes to fish, hunt, gather berries and roots, pasture stock, and erect
houses on lands outside the reservation, and which have been ceded
to the United States, is often abused by the Indians to the extent of
continuously residing away from the reservation, and is detrimental
to the interests of both Indians and whites; therefore it is hereby
stipulated and agreed that all the rights enumerated in the third pro¬
viso of the first section of the before-mentioned treaty of the twenty-
fifth of June, eighteen hundred and fifty-five— that is to say, the-
l ight to take fish, erect houses, hunt game, gather roots and berries,
and pasture animals upon lands without the reservation set apart by
the treaty aforesaid — are hereby relinquished by the confederated
Indian tribes and bands of Middle Oregon, parties to this treaty.

Indians to withdraw
from overland routes.

Payments.

Proviso.

Individual Indians
locating on lands to
be protected.

Payments for agri¬
cultural, etc., pur¬
poses.

Farmers, black¬
smith, and teachers.

Amendments to be
binding.

Nov. 15, 1865.

14 Stats., 751.
Ratified, Mar. 2 ,
1867.

Proclamation, Mar.
28, 1867.

Certain rights
granted by the former
treaty relinquished
hereby.

694

TREATY WITH THE SEMIHOLE, 1866.

The tribes to remain
upon their reserva¬
tions.

Penalty for leaving,
etc.

Permits to go with¬
out the boundaries of
the reservation.

Indians breaking
this treaty to forfeit
annuities.

Money for the pur¬
chase of teams, etc.

Allotment of land to
each head of family.

Punishment of per¬
sons unlawfully fur¬
nishing ardent spirits
to Indians.

Mar. 21, 1866.

14 Stats., 755.
Ratified, July 19,
1866.

Proclamation, Aug.
16, 1866.

Preamble.

Article 2. The tribes aforesaid covenant and agree that they will
hereafter remain upon said reservation, subject to the laws of t,he
United States, the regulations of the Indian Department, and the con¬
trol of the officers thereof; and they further stipulate that if any of
the members of said tribes do leave, or attempt to leave, said reserva¬
tion in violation of this treaty, they will assist in pursuing and return¬
ing them, when called upon to do so by the superintendent or agent
in charge.

Article 3. In cases which may arise which make it necessary for
any Indian to go without the boundaries of said reservation, the super¬
intendent or agent in charge may, in his discretion, give to such Indian
a written permit or pass, which shall alwa3^s be for a short period and
the expiration definitety fixed in said paper. Any Indian who, having
gone out with a written pass, shall remain beyond the boundaries for
a longer period than the time named in said pass, [shall] be deemed to
have violated this treaty to the same extent as if he or she had gone
without a pass.

Article 4. An infraction of this treaty shall subject the Indian
guilty thereof to a deprivation of his or her share of the annuities,
and to such other punishment as the President of the United States
may direct.

Article 5. It is stipulated and agreed on the part of the United
States, as a consideration for the relinquishment of the rights herein
enumerated, that the sum of three thousand five hundred dollars shall
be expended in the purchase of teams, agricultural implements, seeds,
and other articles calculated to advance said confederated tribes in
agriculture and civilization.

Article 6. It is further agreed that the United States shall cause to
be allotted to each head of a family in said confederated tribes and
bands a tract of land sufficient for his or her use, the possession of
which shall be guaranteed and secured to said famity and the heirs
thereof forever.

Article 7. To the end that the vice of intemperance among said
tribes may be checked, it is hereby stipulated that when any members
thereof shall be known to drink ardent spirits, or to have the same in
possession, the facts shall be immediately reported to the agent or
superintendent, with the name of the person or persons from whom
the liquor was obtained; and the Indians agree to diligently use, under •
the direction of the superintendent or agent, all proper means to secure
the identification and punishment of the persons unlawfully furnishing
liquor as aforesaid.

TREATY WITH THE SEMINOLE, 1866.

Articles of a treaty made and concluded at Washington , D. C. , March
621, A. D. , 1866, between the United States Government , by its com¬
missioners, I). N. Cooley, Commissioner of Indian Affairs, Elijah
Sells , superintendent of hidian affairs, and Ely S. Parker, and the
Seminole Indians, by their chiefs, John Chup-co, or Long John,
Cho-cote-harjo , Fos-ha\r\-jo, John F. Brown .

Whereas existing treaties between the United States and the Seminole
Nation are insufficient to meet their mutual necessities; and

Whereas the Seminole Nation made a treaty with the so-called Con¬
federate States, August 1st, 1861, whereby they threw off their allegi¬
ance to the United ptates, and unsettled their treaty relations with the
United States, and thereby incurred the liability of forfeiture of all
lands and other property held by grant or gift of the United States;
and whereas a treaty of peace and amity was entered into between the

TREATY WITH THE SEMINOLE, 1866.

695

United States and the Seminole and other tribes at Fort Smith, Sep¬
tember 10, 1865, whereby the Seminoles revoked, cancelled, and repu¬
diated the said treaty with the so-called Confederate States; and whereas
the United States, through its commissioners, in said treaty of peace
promised to enter into treaty with the Seminole Nation to arrange and
settle all questions relating to and growing out of said treaty with the
so-called Confederate States; and whereas the United States, in view
of said treaty of the Seminole Nation with the enemies of the Govern¬
ment of the United States, and the consequent liabilities of said Semi¬
nole Nation, and in view of its urgent necessities for more lands in the
Indian Territory, requires a cession by said Seminole Nation of part of
its present reservation, and is willing to pay therefor treasonable price,
while at the same time providing new and adequate lands for them:

Now, therefore, the United States, by its commissioners aforesaid,
and the above-named delegates of the Seminole Nation, the day and
year above written, mutually stipulate and agree, on behalf of the
respective parties, as follows, to wit:

Article 1. There shall be perpetual peace between the United Peace and Mend-
States and the Seminole Nation, and the Seminoles agree to be and ship'
remain firm allies of the United States, and always faithfully aid the
Government thereof to suppress insurrection and put down its enemies.

The Seminoles also agree to remain at peace with all other Indian Military occupation
tribes and with themselves. In return for these pledges of peace and united°statesn by the
friendship, the United States guarantee them quiet possession of their
country, and protection against hostilities on the part of other tribes;
and, in the event of such hostilities, that the tribe commencing and
prosecuting the same shall make just reparation therefor. Therefore
the Seminoles agree to a military occupation of their country at the
option and expense of the United States.

A general amnesty of all past offences against the laws of the United Amnesty.

States, committed by any member of the Seminole Nation, is hereby
declared; and the Seminoles, anxious for the restoration of kind and
friendly feelings among themselves, do hereby declare an amnesty for
all past offenses against their government, and no Indian or Indians
shall be proscribed or any act of forfeiture or confiscation passed
against those who have remained friendly to or taken up arms against
the United States, but they shall enjoy equal privileges with other
members of said tribe, and all laws heretofore passed inconsistent here¬
with are hereby declared inoperative.

Article 2. The Seminole Nation covenant that henceforth in said amon^tL^emUioief
nation slavery shall not exist, nor involuntary servitude, except for
and in punishment of crime, whereof the offending party shall first
have been duly convicted in accordance with law, applicable to all the
members of said nation. And inasmuch as there are among the Rights of those of'
Seminoles many persons of African descent and blood, who have African descent-
no interest or property in the soil, and no recognized civil rights, it is
stipulated that hereafter these persons and their descendants, and such
other of the same race as shall be permitted by said nation to settle
there, shall have and enjoy all the rights of native citizens, and the
laws of said nation shall be equally binding upon all persons of what¬
ever race or color, who may be adopted as citizens or members of said
tribe.

Article 3. In compliance with the desire of the United States to cession of lands to
locate other Indians and freedmen thereon, the Seminoles cede and
convey to the United States their entire domain, being the tract of
land ceded to the Seminole Indians by the Creek Nation under the pro¬
visions of article first, (1st,) treaty of the United States with the
Creeks and Seminoles, made and concluded at Washington, D C.,

August 7, 1856. In consideration of said grant and cession of their united states,
lands, estimated at two million one hundred and sixty-nine thousand

696

TREATY WITH THE SEMINOLE, 1866.

Grants to Seminoles.

Boundaries.

Payment therefor.

Balance due the
Seminoles.

How to be paid.

and eighty (2,169,080) acres, the United States agree to pay said
Seminole Nation the sum of three hundred and twenty-five thou¬
sand three hundred and sixty-two ($325,362) dollars, said purchase
being at the rate of fifteen cents per acre. The United States having
obtained by grant of the Creek Nation the westerly half of their lands,
hereby grant to the Seminole Nation the portion thereof hereafter
described, which shall constitute the national domain of the Seminole
Indians. Said lands so granted by the United States to the Seminole
Nation are bounded and described as follows, to wit: Beginning on the
Canadian River where the line dividing the Creek lands according to
the terms of their sale to the United States by their treaty of Febru¬
ary 6, 1866, following said line due north to where said line crosses
the north fork of the Canadian River; thence up said north fork of
the Canadian River a distance sufficient to make two hundred thousand
acres by running due south to the Canadian River; thence down said
Canadian River to the place of beginning. In consideration of said
cession of two hundred thousand acres of land described above, the
Seminole Nation agrees to pay therefor the price of fifty cents per
acre, amounting to the sum of one hundred thousand dollars, which
amount shall be deducted from the sum paid by the United States for
Seminole lands under the stipulations above written. The balance due
the Seminole Nation after making said deduction, amounting to one
hundred thousand dollars, the United States agree to pay in the fol¬
lowing manner, to wit: Thirty thousand dollars shall be paid to enable
the Seminoles to occupy, restore, and improve their farms, and to
make their nation independent and self-sustaining, and shall be dis¬
tributed for that purpose under the direction of the Secretary of the
Interior; twenty thousand dollars shall be paid in like manner for the
purpose of purchasing agricultural implements, seeds, cows, and other
stock; fifteen thousand dollars shall be paid for the erection of a mill
suitable to accommodate said nation of Indians; seventy thousand dol¬
lars to remain in the United States Treasury, upon which the United
States shall pay an annual interest of five per cent. ; fifty thousand of
said sum of seventy thousand dollars shall be a permanent school-fund,
the interest of which shall be paid annually and appropriated to the
support of schools; the remainder of the seventy thousand dollars,
being twenty thousand dollars, shall remain a permanent fund, the
interest of which shall be paid annually for the support of the Semi¬
nole government; forty thousand three hundred and sixty-two dollars
shall be appropriated and expended for subsisting said Indians, dis¬
criminating in favor of the destitute; all of which amounts, excepting
the seventy thousand dollars, to remain in the Treasury as a perma¬
nent fund, shall be paid upon the ratification of said treaty, and dis¬
bursed in' such manner as the Secretary of the Interior may direct.
The balance, fifty thousand dollars, or so much thereof as may be nec¬
essary to pay the losses ascertained and awarded as hereinafter pro¬
vided, shall be paid when said awards shall have been duly made and
approved by the Secretary of the Interior. And in case said fifty
thousand dollars shall be insufficient to pay all said awards, it shall be
distributed fro rata to those whose claims are so allowed; and until
said awards shall be thus paid, the United States agree to pay to said
Indians, in such manner and for such purposes as the Secretary of the
Interior may direct, interest at the rate of five per cent, per annum
from the date of the ratification of this treaty.

sionCTs^ to^d etermine Article 4. To reimburse such members of the Seminole Nation as

losses sustained by shall be duly adjudged to have remained loyal and faithful to their
oya enuno es. treat}7 relations to the United States, during the recent rebellion of the
so-called Confederate States for the losses actually sustained by them

thereby, after the ratification of this treaty, or so soon thereafter as
the Secretary of the Interior shall direct, he shall appoint a board of

TREATY WITH THE SEMINOLE, 1866.

697

commissioners, not to exceed three in number, who shall proceed to
the Seminole country and investigate and determine said losses. Pre¬
vious to said investigation the agent of the Seminole Nation shall pre¬
pare a census or enumeration of said tribe, and make a roll of all
Seminoles who did in no manner aid or abet the enemies of the Gov¬
ernment, but remained loyal during said rebellion; and no award shall
be made b}^ said commissioners for such losses unless the name of the
claimant appear on said roll, and no compensation shall be allowed any
person for such losses whose name does not appear on said roll, unless
said claimant, within six months from the date of the completion of
said roll, furnishes proof satisfactory to said board, or to the Commis¬
sioner of Indian Affairs, that he has at all times remained loyal to the
United States, according to his treaty obligations. All evidence touch¬
ing said claims shall be taken by said commissioners, or any of them,
under oath., and their awards made, together with the evidence, shall
be transmitted to the Commissioner of Indian Affairs, for his approval,
and that of the Secretary of the Interior. Said commissioners shall
be paid bj^the United States such compensation as the Secretary of the
Interior may direct. The provisions of this article shall extend to and
embrace the claims for losses sustained by loyal members of said tribe,
irrespective of race or color, whether at the time of said losses the
claimants shall have been in servitude or not; provided said claimants
are made members of said tribe by the stipulations of this treaty.

Article 5. The Seminole Nation hereby grant a right of way
through their lands to any company which shall be duly authorized
by Congress, and shall, with the express consent and approbation of
the Secretary of the Interior, undertake to construct a railroad from
any point on their eastern to their western or southern boundary;
but said railroad company, together with all its agents and employes,
shall be subject to the laws of the United States relating to the inter¬
course with Indian tribes, and also to such rules and regulations as
may be prescribed by the Secretary of the Interior for that purpose.
And the Seminoles agree to sell to the United States, or any company
duly authorized as aforesaid, such lands, not legally owned or occupied
by a member or members of the Seminole Nation lying along the line
of said contemplated railroad, not exceeding on each side thereof a
belt or strip of land three miles in width, at such price per acre as
may be eventually agreed upon between said Seminole Nation and the
party or parties building said road— subject to the approval of the
President of the United States: Provided , however , That said land thus
sold shall not be reconveyed, leased, or rented to, or be occupied by,
any one not a citizen of the Seminole Nation, according to its laws
anci recognized usages: Provided also, That officers, servants, and
employes of said railroad necessary to its construction and manage¬
ment shall not be excluded from such necessary occupancy, they being-
subject to the provisions of the Indian-intercourse laws, and such rules
and regulations as may be established b}r the Secretary of the Interior;
nor shall any conveyance of said lands be made to the party building
and managing said road, until its completion as a first-class railroad
and its acceptance as such by the Secretary of the Interior.

Article 6. Inasmuch as there are no agency buildings upon the new
Seminole reservation, it is therefore further agreed that the United
States shall cause to be constructed, at an expensenot exceeding ten
thousand (10,000) dollars, suitable agency buildings, the site whereof
shall be selected by the agent of said tribe, under the direction of the
superintendent of Indian affairs; in consideration whereof, the Semi¬
nole Nation hereby relinquish and cede forever to the United States
one section of their lands upon which said agency buildings shall be
directed , [erected,] which land shall revert to said nation when no
longer used by the United States, upon said nation paying a fair value
for said buildings at the time vacated.

Census of those
loyal.

No compensation ex¬
cept to loyal Indians.

Awards of commis¬
sioners.

Pay.

What claims for
losses included.

Eight of way for
railroads granted
through the lands of
the Seminoles.

Lands will be sold.

Proviso.

Agency buildings.

698

TREATY WITH THE SEMIHOLE, 1866.

Seminoles agree to
certain legislation.

Proviso.

General council.

Census.

First council, how
composed.

Time and place of
meeting.

Session not to ex¬
ceed thirty days.
Special sessions.

Powers of general
council.

Who to preside over
council.

Article 7. The Seminole Nation agrees to such legislation as Con¬
gress and the President may deem necessary for the better administra¬
tion of the rights of person and property within the Indian Territory:
Provided , however, [That] said legislation shall not in any manner
interfere with or annul their present tribal organization, rights, laws,
privileges, and customs.

The Seminole Nation also agree that a general council, consisting
of delegates elected by each nation, a tribe lawfully resident within
the Indian Territory, may be annually convened in said Territory,
which council shall be organized in such manner and possess such
powers as are hereinafter described:

1st. After the ratification of this treaty, and as soon as may be
deemed practicable by the Secretary of the Interior, and prior to the
first session of said council, a census or enumeration of each tribe law¬
fully resident in said Territory shall be taken, under the direction of
the superintendent of Indian affairs, who, for that purpose, is hereby
authorized to designate and appoint competent persons, whose com¬
pensation shall be fixed by the Secretary of the Interior and paid by
the United States.

2d. The first general council shall consist of one member from each
tribe, and an additional member for each one thousand Indians, or each
fraction of a thousand greater than five hundred, being members of
any tribe lawfully resident in said Territory, and shall be elected by
said tribes, respectively, who may assent to the establishment of said
general council; and if none should be thus formally selected by any
nation or tribe, the said nation or tribe shall be represented in said
general council by the chiefs and head-men of said tribes, to be taken
in the order of their rank, in the same number and proportion as
above indicated. After the said census shall have been taken and
completed, the superintendent of Indian affairs shall publish and
declare to each tribe the number of members of said council to which
they shall be entitled under the provisions of this article; and the per¬
sons so entitled to represent said tribe shall meet at such time and
place as he shall appoint; but thereafter the time and place of the
sessions of said council shall be determined by its action: Provided ,
That no session in any one year shall exceed the term of thirty days,
And provided That special sessions of said council may be called by
said superintendent whenever, in his judgment, or that of the Secre¬
tary of the Interior, the interest of said tribes shall require.

3d. Said general council shall have power to legislate upon all right¬
ful subjects and matters pertaining to the intercourse and relations of
the Indian tribes and nations resident in said Territory; the arrest
and extradition of criminals and offenders escaping from one tribe to
another; the administration of justice between members of the several
tribes of said Territory, and persons other than Indians and members
of said tribes or nations; the construction of works of internal im¬
provement and the common defence and safety of the nation of said
Territory. All laws enacted by said council shall take effect at such
time as may therein be provided, unless suspended by direction of the
Secretary of the Interior or the President of the United States. No
law shall be enacted inconsistent with the Constitution of the United
States, or the laws of Congress, or existing treaty stipulations with
the United States; nor shall said council legislate upon matters per¬
taining to the organization, laws, or customs of the several tribes,
except as herein provided for.

4th. Said council shall be presided over by the superintendent of
Indian affairs, or, in case of nis absence for any cause, the duties of
said superintendent enumerated in this article shall be performed by
such person as the Secretary of the Interior may direct.

TREATY WITH THE SEMIHOLE, 1866.

699

5th. The Secretary of the Interior shall appoint a secretary of said secretary of coun-
eouncil, whose duty it shall be to keep an accurate record of all the
proceedings of said council, and who shall transmit a true copy of all
such proceedings, duly certified by the superintendent of Indian affairs,
to the Secretary of the Interior immediately after the session of said
council. He shall be paid out of the Treasury of the United States Pay.
an annual salary of five hundred dollars.

6th. The members of said council shall be paid by the United States Pay of members,
the sum of four dollars per diem during the time actually in attendance
upon the sessions of said council, and at the rate of four dollars for
every twenty miles necessarily travelled by them in going to said coun¬
cil and returning to their homes, respectively, to be certified by the
secretary of the said council and the sup[erintenden]t of Indian affairs.

7th. The Seminoles also agree that a court or courts may be estab- Courts-
lishecl in said Territory, with such jurisdiction and organized in such
manner as Congress maj^ by law provide.

Article 8. The stipulations of this treaty are to be a full settle- fUnhiss^ffientbeof
ment of all claims of said Seminole Nation for damages and losses of aii claims,
every kind growing out of the late rebellion, and all expenditures by
the U nited States of annuities in clothing and feeding refugee and des¬
titute Indians since the diversion of annuities for that purpose, con¬
sequent upon the late war with the so-called Confederate States. And
the Seminoles hereby ratify and confirm all such diversions of annui- niSi>eesrsi0Ils bf an'
ties heretofore made from the funds of the Seminole Nation by the nm ies'

United States. And the United States agree that no annuities shall
be diverted from the object for which they were originally devoted by
treaty stipulations, with the Seminoles, to the use of refugee and des¬
titute Indians, other than the Seminoles or members of the Seminole
Nation, after the close of the present fiscal year, June thirtieth, eight¬
een hundred and sixty-six.

Article 9. The United States re-affirms and reassumes all obliga- reIffirmed°bli^ations
tions of treaty stipulations entered into before the treaty of said
Seminole Nation with the so-called Confederate States, August first,
eighteen hundred and sixty-one, not inconsistent herewith; and further
agree to renew all payments of annuities accruing by force of said
treaty stipulations, from and after the close of the present fiscal year,

June thirtieth, in the year of our Lord one thousand eight hundred
and sixty-six, except as is provided in article eight, (viii.)

Article 10. A quantity of land not exceeding six hundred and mls^narv^educa1
forty acres, to be selected according to legal subdivisions, in one body, “onli purposes/duca"
and which shall include their improvements, is hereby granted to every
religious society or denomination which has erected, or which, with
the consent of the Indians, may hereafter erect, buildings within the
Seminole country for missionary or educational purposes; but no land
thus granted, nor the buildings which have been or may be erected
thereon, shall ever be sold or otherwise disposed of except with the ceNtote^ be sold ex'
consent and approval of the Secretary of the Interior. And when- cep ’ e c
ever any such land or buildings shall be so sold or disposed of, the when sold proceeds
proceeds thereof shall be applied, under the direction of the Secre- ° e owappie •
tary of the Interior, to the support and maintenance of other similar
establishments for the benefit of the Seminoles and such other persons
as may be, or may hereafter become, members of the tribe according
to its laws, customs, and usages.

Article 11. It is further agreed that all treaties heretofore entered p^Eanntiiiedty
into between the United States and the Seminole Nation which are
inconsistent with any of the articles or provisions of this treaty shall
be, and are hereby, rescinded and annulled.

700

TREATY WITH CHIPPEWA - BOIS PORT BAND, 1866.

Mar. 29, 1866.

14 Stats., p. 763.
Ratified Apr. 26,
1866.

Proclaimed May 5,
1866.

Provisions of third
article of former
treaty extended to
all adult persons of
the tribe.

Apr. 7,- 1866.

14 Stats., p. 765.

Ratified, with
amendment, Apr. 26,
1866.

Amendmentaccept-
ed Apr. 28, 1866.

Proclaimed May 5,
1866.

Peace and friend¬
ship.

Cession of lands to
the United States.

Boundaries.

The United States to
set apart a reserva¬
tion.

TREATY WITH THE POTAWATOMI, 1866.

Whereas certain amendments are desired by the Pottawatomie
Indians to their treaty concluded at the Pottawatomie agency on the
fifteenth day of November, A. D. 1861, and amended by resolu¬
tion of the Senate of the United States dated April the fifteenth, A. D.
1862; and whereas the United States are willing to assent to such
amendments, it is therefore agreed by and between Dennis N. Cooley,
commissioner, on the part of the United States, thereunto duly author¬
ized, and the undersigned business committee, acting on behalf of said
tribe, and being thereunto duly authorized, in manner and form
following, that is to say:

Article 1. The beneficial provisions in behalf of the more prudent
and intelligent members of said tribe, contained in the third article of
the amended treaty above recited, shall not hereafter be confined to
males and heads of families, but the same shall be and are hereby
extended to all adult persons of said tribe, without distinction of sex,
whether such persons are or shall be heads of families or otherwise,
in the same manner, to the same extent, and upon the same terms,
conditions, and stipulations as are contained in said third article of
said treaty with reference to “males and heads of families.5’

TREATY WITH CHIPPEWA — BOIS FORT BAND, 1866.

Articles of a treaty made and concluded at Washington , District of
Columbia , this seventh day of April, in the year of our Lord one
thousand eight hundred and sixty-six , by and between the United
States, party of the first part, by their commissioners, D. N. Cooley ,
Commissioner of Indian Affairs, and E ' E. L. Taylor , thereunto
duly authorized , and the Eois Forte band of Chippewa Indians, par¬
ties of the second part, by the undersigned chiefs, head-men, and
warriors of said bands, thereunto duly authorized .

Article 1. The peace and friendship now existing between the
United States and said Bois Forte bands of Indians shall be perpetual.

Article 2. In consideration of the agreements, stipulations, and
undertakings to be performed by the United States, and hereinafter
expressed, the Bois Forte bands of Chippewas have agreed to, and do
hereby, cede and forever relinquish and surrender to the United States
all their, right, title, claim, and interest in and to all lands and territory
heretofore claimed, held, or possessed by them, and lying east of the
boundary line mentioned and established in and by the first article of
the treaty made and concluded by and between the United States of
the one part, and the Chippewas of Lake Superior and the Mississippi
of the other part, on the 30th day of September, A. D. 1854, and more
especially in and to all that portion of said territory heretofore claimed
and occupied by them at and near Lake Vermillion as a reservation.
The Bois Forte band of Chippewas in like manner cede and relinquish
forever to the United States all their claim, right, title, and interest
in and to all lands and territory lying westerly of said boundary line,
or elsewhere within the limits of the United States.

Article 3. In consideration of the foregoing cession and relinquish¬
ment, the United States agree to and will perform the stipulations,
undertakings, and agreements following, that is to say: —

1st. There shall be set apart within one year after the date of the
ratification of this treaty, under the direction of the President of the
United States, within the Chippewa country, for the perpetual use
and occupancy of said Bois Forte band of Chippewas, a tract of land of
not less than one hundred thousand acres, the said location to include

TREATY WITH CHIPPEWA - BOIS FORTE BAND, 1866.

701

a lake known by the name of Netor As-sab-a-co-na, if, upon examina¬
tion of the country by the agent sent by the President of the United
btates to select the said reservation, it is found practicable to include
the said lake therein, and also one township of land on the Grand Fork
Elver, at the mouth of Deer Creek, if such location shall be found
practicable.

2d. The United States will, as soon as practicable after the setting
apart of the tract of country first above mentioned, erect thereon,
without expense to said Indians, one blacksmith’s shop, to cost not
exceeding five hundred dollars; one school-house, to cost not exceed¬
ing five hundred dollars; and eight houses for their chiefs, to cost not
exceeding four hundred dollars each; and a building for an agency
house and storehouse for the storage of goods and provisions, to cost
not exceeding two thousand dollars.

3d. The United States will expend annually for and in behalf of said
Bois Forte band of Chippewas, for and during the term of twenty years
from and after the ratification of this treaty, the several sums and for
the purposes following, to wit: For the support of one blacksmith and
assistant, and for tools, iron, and steel, and other articles necessary for
the blacksmith’s shop, fifteen hundred dollars; for one school-teacher,
and the necessary books and stationer}?- for the school, eight hundred
dollars, the chiefs in council to have the privilege of selecting, with
the approval of the Secretary of the Interior, the religious denomina¬
tion to which the said teacher shall belong; for instructions of the said
Indians in farming, and the purchase of seeds, tools, &c., for that pur¬
pose, eight hundred dollars; and for annuity payments, the sum of
eleven thousand dollars, three thousand five hundred dollars of which
shall be paid to them in money per capita, one thousand dollars in pro¬
visions, ammunition, and tobacco, and six thousand five hundred
dollars to be distributed to them in goods and other articles suited to
their wants and condition.

The United States to
erect shop, school-
house, houses for
chiefs, and other
buildings.

To pay annuity for
twenty years.

Objects of annuities.

Article 4. To enable the chiefs, head-men, and warriors now pres¬
ent to establish their people upon the new reservation, and to purchase
useful articles and presents for their people, the United States agree
to pay them, upon the ratification of this treaty, the sum of thirty
thousand dollars, to be expended under the direction of the Secretary
of the Interior.

Payment of $30,000
to Indians.

Article 5. In consideration of the services heretofore rendered to Grant
the said Indians by Francis Roussaire, senior, Francis Roussaire, jr., services,
and Peter E. Bradshaw, it is hereby agreed that the said persons shall
each have the right to select one hundred and sixty acres of land, not

of lands to
persons for

mineral lands, and to receive patents therefor from the United States;
and for the like services to the Indians, the following named persons,
to wit: Peter Roy, Joseph Gurnoe, Francis Roy, Vincent Roy, Eus¬
tace Roussaire, and D. George Morrison shall each have the right to
select eighty acres of land, not mineral lands, and to receive from the
United States patents therefor.

Article 6. It is further agreed that all payments of annuities to u tUth^reservat^n
the Bois Forte band of Chippewas shall be made upon their reservation ifPetc. e reserva lon
if, upon examination, it shall be found practicable to do so.

Article 7. It is agreed by and between the parties hereto that, sions°ofSifOTmerPtrei
upon the ratification of this treaty, all former treaties existing between ties abrogated,
them inconsistent herewith shall be, and the same are hereby, abro-

fated and made void to all intents and purposes; and the said Indians
ereby relinquish any and all claims for arrears of payments claimed
to be due under such treaties, or that are hereafter to fall due under
the provisions of the same; except that as to the third clause of the Part of treaty of
twelfth article of the treaty of September 30, 1854, . providing for a mmn in fuifforce. re"
blacksmith, smith -shop, supplies, and instructions in farming, the
same shall continue in full force and effect, but the benefits thereof

shall be transferred to the Chippewas of Lake Superior.

702

TREATY WITH THE CHOCTAW AND CHICKASAW, 1866.

Payment of ex¬
penses of delegation
to Washington.

Apr. 28, 1866.

14 Stats., p. 769.

Ratified, with
amendments, June 28,
1866.

Amendments ac¬
cepted, July 2, 1866.

Proclaimed July 10,
1866.

Peace and friend¬
ship.

Slavery and invol¬
untary servitude to
cease.

Cession of the leased
district to the United
States.

Purchase money to
be invested by the
United States and held
in trust until, etc.

Article 8. The United States also agree to pay the necessary
expenses of transportation and subsistence of the delegates who have
visited Washington for the purpose of negotiating this treaty, not
exceeding the sum of ten thousand dollars.

TREATY WITH THE CHOCTAW AND CHICKASAW, 1866.

Articles of agreement and convention between the United States and the
Choctaw and Chickasaw Nations of Indians, made and concluded at
the City of Washington the twenty-eighth day of April , in the year
eighteen hundred and sixty-six , by Dennis N. Cooley , Elijah Sells ,
and E. S. Parker, special commissioners on the part of the United
States , and Alfred Wade, Allen Wright, James Riley, ^ and John Page ,
commissioners on the part of the Choctaws, and Winchester Colbert ,
Edmund Pickens , Holmes Colbert , Colbert Carter , and Robert H.
Love, commissioners on the part of the Chickasaws.

Article 1. Permanent peace and friendship are hereby established
between the United States and said nations; and the Choctaws and
Chickasaws do hereby bind themselves respectively to use their influence
and to make every exertion to induce Indians of the plains to maintain
peaceful relations with each other, with other Indians, and with the
United States.

Article 2. The Choctaws and Chickasaws hereby covenant and
agree that henceforth neither slavery nor involuntary servitude, other¬
wise than in punishment of crime whereof the parties shall have been
duly convicted, in accordance with laws applicable to all members of
the particular nation, shall ever exist in said nations.

Article 3. The Choctaws and Chickasaws, in consideration of the
sum of three hundred thousand dollars, hereby cede to the United
States the territory west of the 98° west longitude, known as the leased
district, provided that the said sum shall be invested and held by the
United States, at an interest not less than live per cent., in trust for
the said nations, until the legislatures of the Choctaw and Chickasaw
Nations respectively shall have made such laws, rules, and regulations
as may be necessary to give all persons of African descent, resident in
the said nations at the date of the treaty of Port Smith, and their
descendants, heretofore held in slavery among said nations, all the
rights, privileges, and immunities, including the right of suffrage, of
citizens of said nations, except in the annuities, moneys, and public
domain claimed by, or belonging to, said nations respectively; and
also to give to such persons who were residents as aforesaid, and their
descendants, forty acres each of the land of said nations on the same
terms as the Choctaws and Chickasaws, to be selected on the survey
of said land, after the Choctaws and Chickasaws and Kansas Indians
have made their selections as herein provided; and immediately on
the enactment of such laws, rules, and regulations, the said sum of
three hundred thousand dollars shall be paid to the said Choctaw and
Chickasaw Nations in the proportion of three-fourths to the former
and one-fourth to the latter, — less such sum, at the rate of one hundred
dollars per capita, as shall be sufficient to pay such persons of African
descent before referred to as within ninety days after the passage of
such laws, rules, and regulations shall elect to remove and actually
remove from the said nations respectively. And should the said laws,
rules, and regulations not be made by the legislatures of the said
nations respectively, within two years from the ratification of this
treaty, then the said sum of three hundred thousand dollars shall cease
to be held in trust for the said Choctaw and Chickasaw Nations, and
be held for the use and benefit of such of said persons of African

TREATY WITH THE CHOCTAW AND CHICKASAW, 1866. • 703

descent as the United States shall remove from the said Territory in
such manner as the United States shall deem proper,— the United States
agreeing, within ninety days from the expiration of the said two years,
to remove from said nations all such persons of African descent as may
be willing to remove; those remaining or returning after having been
removed from said nations to have no benefit of said sum of three
hundred thousand dollars, or any part thereof, but shall be upon the
same footing as other citizens of the United States in the said nations.

Article 4. The said nations further agree that all negroes, not Rights of negroes
otherwise disqualified or disabled, shall be competent witnesses in all and freedmen-
civil and criminal suits and proceedings in the Choctaw and Chickasaw
courts, any law to the contrary notwithstanding; and they fully recog¬
nize the right of the freedmen to a fair remuneration on reasonable
and equitable contracts for their labor, which the law should aid them
to enforce. And they agree, on the part of their respective nations,
that all laws shall be equal in their operation upon Choctaws, Chicka-
saws, and negroes, and that no distinction affecting the latter shall at
any time be made, and that they shall be treated with kindness and be
protected against injury; and they further agree, that while the said
freedmen, now in the Choctaw and Chickasaw Nations, remain in said
nations, respectively, they shall be entitled to as much land as they
may cultivate for the support of themselves and families, in cases
where they do not support themselves and families by hiring, not
interfering with existing improvements without the consent of the .
occupant, it being understood that in the eventpif the making of the
laws, rules, and regulations aforesaid, the forty acres aforesaid shall
stand in place of the land cultivated as last aforesaid.

Article 5. A general amnesty of all past offences against the laws for past

of the United States, committed before the signing of this treaty by
any member of the Choctaw or Chickasaw Nations, is hereb}7 declared;
and the United States will especially request the States of Missouri,

Kansas, Arkansas, and Texas to grant the like amnesty as to all
offences committed by any member of the Choctaw or Chickasaw
Nation. And the Choctaws and Chickasaws, anxious for the restora¬
tion of kind and friendly feelings among themselves, do hereby declare
an amnesty for all past offences against their respective governments,
and no Inclian or Indians shall be proscribed, or any act of forfeiture
or confiscation passed against those who may have remained friendly
to the United States, but they shall enjoy equal privileges with other
members of said tribes, and all laws heretofore passed inconsistent
herewith are hereby declared inoperative. The people of the Choctaw
and Chickasaw Nations stipulate and agree to deliver up to any duly
authorized agent of the United States all public property in their
possession which belong to the late “so-called Confederate States of
America,” or the United States, without any reservation whatever;
particularly ordnance, ordnance-stores, and arms of all kinds.

Article 6. The Choctaws and Chickasaws hereby grant a right of Right of way
way through their lands to any company or companies which shall be forrafiroadesrcountry
duly authorized by Congress, or by the legislatures of said nations,
respectively, and which shall, with the express consent and approba¬
tion of the Secretary of the Interior, undertake to construct a railroad
through the Choctaw and Chickasaw N ations from the noi th to the
south thereof, and from the east to the west side thereof, in accord¬
ance with the provisions of the 18th article of the treaty of June
twenty-second, one thousand eight hundred and fifty -five, which pro¬
vides that for any property taken or destroyed in the construction
thereof full compensation shall be made to the party or parties injured, Damages,
to be ascertained and determined in such manner as the President of
the United States shall direct. But such railroad company or compa- ^companies subject
nies, with all its or their agents and emplo}7es shall be subject to the
laws of the United States relating to intercourse with Indian tribes,

704

TEE AT Y WITH THE CHOCTAW AND CHICKASAW, 1866.

and also to such rules and regulations as may be prescribed by the Sec¬
retary of the Interior for that purpose. And it is also stipulated and
agreed that the nation through which the road or roads aforesaid shall
scrite to stock ^ sub' Pa8S maY subscribe to the stock of the particular company or compa¬
nies such amount or amounts as they may be able to pa}r for in alter¬
nate sections of unoccupied lands for a space of six miles on each side
of said road or roads, at a price per acre to be agreed upon between
said Choctaw and Chickasaw Nations and the said company or compa¬
nies, subject to the approval of the President of the United States:

Proviso. Provided , however , That said land, thus subscribed, shall not be sold, or

demised, or occupied by any one not a citizen of the Choctaw or Chick¬
asaw Nations, according to their laws and recognized usages: Pro¬
vided, That the officers, servants, and employes of such companies nec¬
essary to the construction and management of said road or roads shall
not be excluded from such occupancy as their respective functions may
require, they being subject to the provisions of the Indian intercourse
law and such rules and regulations as may be established by the Sec¬
retary of the Interior: And provided also , That the stock thus sub¬
scribed by either of said nations shall have the force and effect of a
first-mortgage bond on all that part of said road, appurtenances, and
equipments situated and used within said nations respectively, and shall
be a perpetual lien on the same, and the said nations shall have the
right, from year to year, to elect to receive their equitable proportion
of declared dividends oP profits on their said stock, or interest on the
par value at the rate of six per cent, per annum.

when companies to 2. And it is further declared, in this connection, that as fast as sec¬

tor' the1 lands0 pa en s tions of twenty miles in length are completed, with the rails laid ready
for use, with all water and other stations necessary to the use thereof,
as a first-class road, the said company or companies shall become enti¬
tled to patents for the alternate sections aforesaid, and may proceed to
dispose thereof in the manner herein provided for, subject to the
approval of the Secretary of the Interior.

other lands may be 3. And it is further declared, also, in case of one or more of said
cupied<seetions.of oc" alternate sections being occupied by any member or members of said
nations respectively, so that the same cannot be transferred to the
said company or companies, that the said nation or nations, respec¬
tively, may select an}’' unoccupied section or sections, as near as cir¬
cumstances will permit, to the said width of six miles on each side of
said road or roads, and convey the same as an equivalent for the sec¬
tion or sections so occupied as aforesaid.

Legislation by con- Article 7. The Choctaws and Chickasaws agree to such legislation
fonf afnd property per; as Congress and the President of the United States may deem neces¬
sary for the better administration of justice and the protection of the
rights of person and property within the Indian Territory: Provided ,
however , Such legislation shall not in anywise interfere with or annul
their present tribal organization, or their respective legislatures or
judiciaries, or the rights, laws, privileges, or customs of the Choctaw
and Chickasaw Nations respectively.

a council to be con- Article 8. The Choctaws and Chickasaws also agree that a council,
vened annual v . consisting of delegates elected by each nation or tribe lawfully resident
within the Indian Territory, may be annually convened in said Terri¬
tory, to be organized as follows:

tobTtaken the tribes 1* After the ratification of this treaty, and as soon as may be deemed
practicable by the Secretary of the Interior, and prior to the first ses¬
sion of said assembly, a census of each tribe, lawfully resident in said
Territory, shall be taken, under the direction of the Superintendent of
Indian Affairs, b\T competent persons, to be appointed by him, whose
compensation shall be fixed b}" the Secretary of the Interior and paid
by the United States.

council to consist 2. The council shall consist of one member from each tribe or nation
of whom. whose population shall exceed five hundred, and an additional mem-

705

TREATY WITH THE CHOCTAW AND CHICKASAW, 1866.

ber for each one thousand Indians, native or adopted, or each fraction
of a thousand greater than five hundred being members of any tribe
lawfully resident in said Territory, and shall be selected by the tribes
or nations respectively who may assent to the establishment of said
general assembly; and if none should be thus formally selected by any
nation or tribe, it shall be represented in said general assembly by the
chief or chiefs and head-men of said tribes, to be taken in the order
of their rank as recognized in tribal usage in the number and propor¬
tions above indicated.

3. After the said census shall have been taken and completed, the
superintendent of Indian affairs shall publish and declare to each tribe
the number of members of said council to which they shall be entitled
under the provisions of this article; and the persons so to represent
the said tribes shall meet at such time and place as he shall designate,
but thereafter the time and place of the sessions of the general assem¬
bly shall be determined by itself: Provided , That no session in any
one year shall exceed the term of thirty days, and provided that the spe¬
cial sessions may^ be called whenever, in the judgment of the Secretary
of the Interior, the interests of said tribes shall require it.

4. The general assembly shall have power to legislate upon all sub¬
jects and matters pertaining to the intercourse and relations of the
Indian tribes and nations resident in the said Territory, the arrest and
extradition of criminals escaping from one tribe to another, the admin¬
istration of justice between members of the several tribes of the said
Territory, and persons other than Indians and members of said tribes
or nations, the construction of works of internal improvement, and
the common defence and safety of the nations of the said Territory.
All laws enacted by said council shall take effect at the times therein
provided, unless suspended by the Secretary of the Interior or the
President of the United States. No law shall be enacted inconsistent
with the Constitution of the United States or the laws of Congress, or
existing treaty stipulations with the United States; nor shall said
council legislate upon matters pertaining to the legislative, judicial, or
other organization, laws, or customs of the several tribes or nations,
except as herein provided for.

5. Said council shall be presided over by the superintendent of
Indian affairs, or, in case of his absence from any cause, the duties of
the superintendent enumerated in this article shall be performed by
such person as the Secretary of the Interior shall indicate.

6. The Secretary of the Interior shall appoint a secretary of said
council, whose duty it shall be to keep an accurate record of all the
proceedings of said council, and to transmit a true copy thereof, duly
certified by the superintendent of Indian affairs, to the Secretary of
the Interior immediately after the sessions of said council shall termi¬
nate. He shall be paid five hundred dollars, as an annual salary, by
the United States.

7. The members of the said council shall be paid by the United
States four dollars per diem while in actual attendance thereon, and
four dollars mileage for every twenty miles going and returning there¬
from by the most direct route, to be certified by the secretary of said
council and the presiding officer.

8. The Choctaws and Chickasaws also agree that a court or courts
may be established in said Territory with such jurisdiction and organi¬
zation as Congress may prescribe: Provided , That the same shall not
interfere with the local judiciary of either of said nations.

9. Whenever Congress shall authorize the appointment of a Dele¬
gate from said Territory, it shall be the province of said council to
elect one from among the nations represented in said council.

10. And it is further agreed that the superintendent of Indian affairs
shall be the executive of the said Territory, with the title of “gov¬
ernor of the Territory of Oklahoma,” and that there shall be a secre-

Members to which
each tribe is entitled.

Time and place of
meeting.

Length of session
and special session.

Powers of general
assembly.

President of coun¬
cil.

Secretary, duty and
pay.

Pay and mileage of
members.

Courts may be es¬
tablished.

Delegates from the
Territory.

Superintendent of
Indian affairs - to be
executive.

Title and duties.

S. Doc. 452 - 45

706

TREATY WITH THE CHOCTAW AND CHICKASAW, 1866.

Marshal.

Salary of marshal
and secretary.

Salary of interpreter.

Appointments of
marshals and depu¬
ties.

Provision for an
upper house of the
council.

Certain sums in¬
vested to remain so
invested.

Treaty obligations,
etc., reaffirmed, and
payment of annuities
to be renewed.

tary of the said Territory, to be appointed by the said superintendent;
that the duty of the said governor, in addition to those already imposed
on the superintendent of Indian affairs, shall be such as properly
belong to an executive officer charged with the execution of the laws,
which the said council is authorized to enact under the provisions of
this treaty; and that for this purpose he shall have authority to appoint
a marshal of said Territory and an interpreter; the said marshal to
appoint such deputies, to be paid by fees, as may be required to aid
him in the execution of his proper functions, and be the marshal of
the principal court of said Territory that may be established under the
provisions of this treaty.

11. And the said marshal and the said secretary shall each be entitled
to a salary of five hundred dollars per annum, to be paid by the United
States, and such fees in addition thereto as shall be established by said
governor, with the approbation of the Secretary of the Interior, it
being understood that the said fee-lists may at any time be corrected
and altered by the Secretary of the Interior, as the experience of the
system proposed herein to be established shall show to be necessary,
and shall in no case exceed the fees paid to marshals of the United
States for similar services.

The salary of the interpreter shall be five hundred dollars, to be paid
in like manner by the United States.

12. And the United States agree that in the appointment of mar¬
shals and deputies, preference, qualifications being equal, shall be given
to competent members of the said nations, the object being to create
a laudable ambition to acquire the experience necessary for political
offices of importance in the respective nations.

13. And whereas it is desired by the said Choctaw and Chickasaw
Nations that the said council should consist of an upper and lower
house, it is hereby agreed that whenever a majority of the tribes or
nations represented in said council shall desire the same, or the Con¬
gress of the United States shall so prescribe, there shall be, in addi¬
tion to the council now provided for, and which shall then constitute
the lower house, an upper house, consisting of one member from each
tribe entitled to representation in the council now provided for — the
relations of the two houses to each other being such as prevail in the
States of the United States; each house being authorized to choose its
presiding officer and clerk to perform the duties appropriate to such
offices; and it being the duty, in addition, of the clerks of each house
to make out and transmit to the territorial secretary fair copies of the
proceedings of the respective houses immediately after their respective
sessions, which copies shall be dealt with by said secretary as is now
provided in the case of copies of the proceedings of the council men¬
tioned in this act, and the said clerks shall each be entitled to the
same per diem as members of the respective houses, and the presid¬
ing officers to double that sum.

Article 9. Such sums of money as have, by virtue of treaties
existing in the year eighteen hundred and sixty-one, been invested
for the purposes of education, shall remain so invested, and the inter¬
est thereof shall be applied for the same purposes, in such manner as
shall be designated by the legislative authorities of the Choctaw and
Chickasaw Nations, respectively.

Article 10. The United States re-affirms all obligations arising out
of treaty stipulations or acts of legislation with regard to the Choc¬
taw and" Chickasaw Nations, entered into prior to the late rebellion,
and in force at that time, not inconsistent herewith; and further
agrees to renew the payment of all annuities and others moneys accru¬
ing under such treaty stipulations and acts of legislation, from and
after the close of the fiscal year ending on the thirtieth of J une, in
the year eighteen hundred and sixty-six.

TREATY WITH THE CHOCTAW AND CHICKASAW, 1866.

707

Article 11. Whereas the land occupied by the Choctaw and Chicka¬
saw Nations, and described in the treaty between the United States and
said nations, of June twenty-second, eighteen hundred and fifty-five,
is now held by the members of said nations in common, under the pro¬
visions of the said treaty; and whereas it is believed that the holding
of said land in severalty will promote the general civilization of said
nations, and tend to advance their permanent welfare and the best
interests of their individual members, it is hereby agreed that, should
the Choctaw and the Chickasaw people, through their respective legis¬
lative councils, agree to the survey and dividing their land on the
system of the United States, the land aforesaid east of the ninety-eighth
degree of west longitude shall be, in view of the arrangements herein¬
after mentioned, surveyed and laid off in ranges, townships, sections,
and parts of sections; and that for the purpose of facilitating such sur¬
veys and for the settlement and distribution of said land as hereinafter
provided, there shall be established at Boggy Depot, in the Choctaw
Territory, a land-office; and that, in making the said surveys and con¬
ducting the business of the said office, including the appointment of all
necessary agents and surveyors, the same s}^stem shall be pursued
which has heretofore governed in respect to the public lands of the
United States, it being understood that the said surveys shall be made
at the cost of the United States and by their agents and surveyors, as
in the case of their own public lands, and that the officers and employes
shall receive the same compensation as is paid to officers and employes
in the land-offices of the United States in Kansas.

Article 12. The maps of said surveys shall exhibit, as far as prac¬
ticable, the outlines of the actual occupancy of members of the said
nations, respectively; and when they are completed, shall be returned
to the said land-office at Boggy Depot for inspection by all parties
interested, when notice for ninety days shall be given of such return,
in such manner as the legislative authorities of the said nations, respec¬
tively, shall prescribe, or, in the event of said authorities failing to»give
such notice in a reasonable time, in such manner as the register of said
land-office shall prescribe, calling upon all parties interested to exam¬
ine said maps to the end that errors, if any, in the location of such
occupancies, may be corrected.

Article 13. The notice required in the above article shall be given,
not only in the Choctaw and Chickasaw Nations, but by publication in
newspapers printed in the States of Mississippi and Tennessee, Lou¬
isiana, Texas, Arkansas, and Alabama, to the end that such Choctaws
and ChickasaWs as yet remain outside of the Choctaw and Chickasaw
Nations, may be informed and have opportunity to exercise the rights
hereby given to resident Choctaws and Chickasaws: Provided , That
before any such absent Choctaw or Chickasaw shall be permitted to
select for him or herself, or others, as hereinafter provided, he or she
shall satisfy the register of the land-office of his or her intention, or
the intention of the party for whom the selection is to be made, to
become bona-fide resident in the said nation within five years from the
time of selection; and should the said absentee fail to remove into said
nation, and occupy and commence an improvement on the land selected
within the time aforesaid, the said selection shall be cancelled, and the
land shall thereafter be discharged from all claim on account thereof.

Article 14. At the expiration of the ninety days aforesaid the legis¬
lative authorities of the said nations, respectively, shall have the right
to select one quarter- section of land in each of the counties of said
nations respectively, in trust Tor the establishment of seats of justice
therein, and also as many quarter-sections as the said legislative coun¬
cils may deem proper for the permanent endowment of schools, semi¬
naries, and colleges in said nation, provided such selection shall not
embrace or interfere with any improvement in the actual occupation

Survey and division
of lands in severalty.

Land office estab¬
lished at Boggy Depot.

Maps of survey to
exhibit actual occu¬
pancies, etc.'

Notice to parties in¬
terested to examine
the maps.

Lands may be se¬
lected for seats of jus¬
tice, for schools, semi¬
naries, and colleges.

708

TREATY WITH THE CHOCTAW AND CHICKASAW, 1866.

Each Indian to have
a right to one quarter
.section of land.

Actual occupant.

Infants.

Actual occupant,
prior to surveys, may
abandon his improve¬
ments and select other
land.

Proviso.

Occupation by mis¬
sionaries' of mission¬
ary establishments
not to be interfered
with.

Rights of certain
missionaries.

Rights of parents in
selecting land for
children.

Mode of selecting
lands.

of any member of the particular nation without his consent; and pro¬
vided the proceeds of sale of the quarter-sections selected for seats of
justice shall be appropriated for the erection or improvement of public
buildings in the county in which it is located.

Article 15. At the expiration of the ninety days’ notice aforesaid,
the selection which is to change the tenure of the land in the Choctaw
and Chickasaw Nations from a holding in common to a holding in sev¬
eralty shall take place, when eveiy Choctaw and Chickasaw shall have
the right to one quarter-section of land, whether male or female, adult
or minor, and if in actual possession or occupancy of land improved or
cultivated by him or her, shall have a prior right to the quarter-sec¬
tion in which his or her improvement lies; and every infant shall have
selected for him or her a quarter-section of land in such location as the
father of such infant, if there be a father living, and if no father liv¬
ing, then the mother or guardian, and should there be neither father,
mother, nor guardian, then as the probate judge of the county, acting
for the best interest of such infant, shall select.

Article 16. Should an actual occupant of land desire, at any time
prior to the commencement of the surveys aforesaid, to abandon his
improvement, and select and improve other land, so as to obtain the
prior right of selection thereof, he or she shall be at liberty to do so;
in which event tne improvement so abandoned shall be open to selec¬
tion by other parties: Provided , That nothing herein contained shall
authorize the multiplication of improvements so as to increase the
quantity of land beyond what a party would be entitled to at the date
of this treaty.

Article 17. No selection to be made under this treaty shall be per¬
mitted to deprive or interfere with the continued occupation, by the
missionaries established in the respective nations, of their several mis¬
sionary establishments; it being the wish of the parties hereto to pro¬
mote and foster *an influence so largely conducive to civilization and
refinement. Should any missionary who has been engaged in mission¬
ary labor for five consecutive years before the date of this treaty in the
said nations, or either of them, or three consecutive years prior to the
late rebellion, and who, if absent from the said nations, may desire to
return, wish to select a quarter-section of land with a view to a per¬
manent home for himself and family, he shall have the privilege of
doing so, provided no selection shall include any public buildings,
schools or seminary; and a quantity of land not exceeding six hundred
and forty acres, to be selected according to legal subdivisions in one
body, and to include their improvements, is hereby granted to every
religious society or denomination which has erected, or which, with
the consent of the Indians, may hereafter erect buildings within the
Choctaw and Chickasaw country for missionary or educational pur¬
poses; but no land thus granted, nor the buildings which have been or
may be erected thereon, shall ever be sold or otherwise disposed of,
except with the consent of the legislatures of said nations respectively
and approval of the Secretary of the Interior; and whenever such
lands or buildings shall be sold or disposed of, the proceeds thereof
shall be applied, under the direction of the Secretary of the Interior,
to the support and maintenance of other similar establishments for
the benefit of the Choctaws and Chickasaws, and such other persons
as may hereafter become members of their nations, according to their
laws, customs, and usages.

Article 18. In making a selection for children the parent shall
have a prior right to select land adjacent to his own improvements or
selection, provided such selection shall be made within thirty days
from the time at which selections under this treaty commence.

Article 19. The manner of selecting as aforesaid shall be by an
entry with the register of the land-office, and all selections shall be

709

TREATY WITH THE CHOCTAW AND CHICKASAW, 1866.

made to conform to the legal subdivisions of the said lands as shown
by the surveys aforesaid on the maps aforesaid; it being understood
that nothing herein contained is to be construed to coniine a party
selecting to one section, but he may take contiguous parts of sections
by legal subdivisions in different sections, not exceeding together a
quarter-section.

Article 20. Prior to any entries being made under the foregoing
provisions, proof of improvements, or actual cultivation, as well as the
number of persons for whom a parent or guardian, or probate judge
of the county proposes to select, and of their right to select, and of his
or her authority to select, for them, shall be made to the register and
receiver of the land-office, under regulations to be prescribed by the
Secretary of the Interior.

Article 21. In every township the sections of land numbered six¬
teen and thirty-six shall be reserved for the support of schools in said
township: Provided , That if the same has been already occupied by a
party or parties having the right to select it, or it shall be so sterile
as to be unavailable, the legislative authorities of the particular
nations shall have the right to select such other unoccupied sections as
they may think proper.

Article 22. The right of selection hereby given shall not authorize
the selection of any land required by the United States as a military
post, or Indian agency, not exceeding one mile square, which, when
abandoned, shall revert to the nation in which the land lies.

Article 23. The register of thp land-office shall inscribe in a suit¬
able book or books, in alphabetical order, the name of every individ¬
ual for whom a selection shall be made, his or her age, and a description
of the land selected.

Article 24. Whereas it may be difficnlt to give to each occupant of
an improvement a quarter-section of land, or even a smaller subdivi¬
sion, which shall include such improvement, in consequence of such
improvements lying in towns, villages, or hamlets, the legislative
authorities of the respective nations shall have power, where, in their
discretion, they think it expedient, to lay off into town lots any sec¬
tion or part of a section so occupied, to which lots the actual occu¬
pants, being citizens of the respective nations, shall have pre-emptive
right, and, upon paying into the treasury of the particular nation the
price of the land, as fixed by the respective legislatures, exclusive of
the value of said improvement, shall receive a conveyance thereof.
Such occupant shall not be prejudiced thereby in his right to his selec¬
tion elsewhere. The town lots which may be unoccupied shall be dis¬
posed of for the benefit of the particular nation, as the legislative
authorities may direct from time to time. When the number of occu¬
pants of the same quarter-section shall not be such as to authorize the
legislative authorities to lay out the same, or any part thereof, into
town lots, they may make such regulations for the disposition thereof
as they may deem proper, either by subdivision of the same, so as
to accommodate the actual occupants, or by giving the right of prior
choice to the first occupant in point of time, upon paying the others
for their improvements, to be valued in such way as the legislative
authorities shall prescribe, or otherwise. All occupants retaining
their lots under this section, and desiring, in addition, to make a selec¬
tion, must pay for the lots so retained, as in the case of town lots.
And any Choctaw or Chickasaw who may desire to select a sectional
division other than that on which his homestead is, without abandon¬
ing the latter, shall have the right to purchase the homestead sectional
division at such price as the respective legislatures may prescribe.

Article 25. During ninety days from the expiration of the ninety
days’ notice aforesaid, the Choctaws and Chickasaws shall have the
exclusive right to make selections, as aforesaid, and at the end of that
time the several parties shall be entitled to patents for their respective

Proof of improve¬
ments to be made
prior to entries.

Sections 16 and 36
to be reserved for
schools.

Proviso.

Military posts and
Indian agencies.

Names of persons
for whom selections
are made to be in
books of register.

Town lots.

When patents to is¬
sue for selected lands.

710

TREATY WITH THE CHOCTAW AND CHICKASAW, 1866.

selections, to be issued by the President of the United States, and coun¬
tersigned by the chief executive officer of the nation in which the land
lies, and recorded in the records of the executive office of the particu¬
lar nation; and copies of the said patents, under seal, shall be evidence
in any court of law or equity.

tionsoHntermarriage Article 26. The right here given to the Choctaws and Chickasaws,
to have same rights8 respectively, shall extend to all persons who have become citizens by
adoption or intermarriage of either of said nations, or who may here¬
after become such.

tiom of^ands^wto Article 27. In the event of disputes arising in regard to the rights
be settled. ’ of parties to select particular quarter-sections or other divisions of said
land, or in regard to the adjustment of boundaries, so as to make them
conform to legal divisions and subdivisions such disputes shall be set¬
tled by the register of the land-office and the chief executive officer of
the nation in which the land lies, in a summary way, after hearing the
parties; and if said register and chief officer cannot agree, the two to
call in a third party, who shall constitute a third referee, the decision
of any two of whom shall be final, without appeal.
tionsntiguous selee’ Article 28. Nothing contained in any law of either of the said
nations shall prevent parties entitled to make selections contiguous to
each other; and the Choctaw and Chickasaw Nations hereby agree to
repeal all laws inconsistent with this provision.
aifenaWe>Ietc° be in’ Article 29. Selections made under this treaty shall, to the extent of
one quarter-section, including the homestead or dwelling, be inalienable
for the period of twenty-one years from the date of such selection, and
upon the death of the party in possession shall descend according to
the laws of the nation where the land lies; and in the event of his or
her death without heirs, the said quarter-section shall escheat to and
become the property of the nation.

Not over io,ooo Kan- Article 30. The Choctaw and Chickasaw Nations will receive into
ctived^nto^sfricte^ their respective districts east of the ninety-eighth degree of west lon-
gitude, in the proportion of one-fourth in the Chickasaw and three-
’ fourths in the Choctaw Nation, civilized Indians from the tribes known
by the general name of the Kansas Indians, being Indians to the north
of the Indian Territory, not exceeding ten thousand in number, who
shall have in the Choctaw and Chickasaw Nations, respectively, the
same rights as the Choctaws and Chickasaws, of whom they shall be
the fellow-citizens, governed by the same laws, and enjoying the same
privileges, with the exception of the right to participate in the Choc¬
taw and Chickasaw annuities and other moneys, and in the public
domain, should the same, or the proceeds thereof, be divided per capita
among the Choctaws and Chickasaws, and among others the right to
select° land as herein provided for Choctaws and Chickasaws, after the
expiration of the ninety days during which the selections of land are
' to be made, as aforesaid, by said Choctaws and Chickasaws; and the

Choctaw and Chickasaw Nations pledge themselves to treat the said
Kansas Indians in all respects with kindness and forbearance, aiding
them in good faith to establish themselves in their new homes, and to
respect all their customs and usages not inconsistent with the consti¬
tution and laws of the Choctaw and Chickasaw Nations respectively.
In making selections after the advent of the Indians and the actual
occupancy of land in said nation, such occupancy shall have the same
effect in their behalf as the occupancies of Choctaws and Chickasaws;
and after the said Choctaws and Chickasaws have made their selections
as aforesaid, the said persons of African descent mentioned in the third
article of the treaty, shall make their selections as therein provided, in
the event of the making of the laws, rules, and regulations aforesaid,
after the expiration of ninety days from the date at which the Kansas
Indians are to make their selections as therein provided, and the actual
occupancy of such persons of African descent shall have the same effect
in their behalf as the occupancies of the Choctaws and Chickasaws.

TREATY WITH THE CHOCTAW AND CHICKASAW, 1866.

711

Article 31. And whereas some time must necessarily elapse before Such Kansas in-
the surveys, maps, and selections herein provided for can be completed onceS may
so as to permit the said Kansas Indians to make their selections in
their order, during which time the United States may desire to remove
the said Indians from their present abiding places, it is hereby agreed
that the said Indians may at once come into the Choctaw and Chicka¬
saw Nations, settling themselves temporarily as citizens of the said
nations, respectively, upon such land as suits them and is not already
occupied.

Article 32. At the expiration of two years, or sooner, if the Presi- Documents in land
dent of the United States shall so direct, from the completion of the th e°es chocta w ve and
surveys and maps aforesaid, the officers of the land-offices aforesaid g£asaw in two
shall deliver to the executive departments of the Choctaw and Chicka¬
saw Nations, respectively, all such documents as may be necessary to
elucidate the land- title as settled according to this treaty, and forward
copies thereof, with the field-notes, records, and other papers pertain¬
ing to said titles, to the Commissioner of the General Land Office; and
thereafter grants of land and patents therefor shall be issued in such
manner as the legislative authorities of said nations may provide for w^sceedings after"
all the unselected portions of the Choctaw and Chickasaw districts as war
defined by the treaty of June twenty-second, eighteen hundred and
fifty-five.

Article 33. All lands selected as herein provided shall thereafter helcMnsevemityand
be held in severalty by the respective parties, and the unselected land unseated lands in
shall be the common property of the Choctaw and Chickasaw Nations, common-
in their corporate capacities, subject to the joint control of their legis¬
lative authorities.

Article 34. Should any Choctaw or Chickasaw be prevented from from0SstiectingentiS
selecting for him or herself during the the ninety days aforesaid, the aft^wardysmayselect
failure to do so shall not authorize another to select the quarter-section a erwar s'
containing his improvement, but he may at any time make his selection
thereof, subject to having his boundaries made to conform to legal
divisions as aforesaid.

Article 35. Should the selections aforesaid not be made before the fef onand recordans*
transfer of the land records to the executive authorities of said nations,
respectively, they shall be made according to such regulations as the
legislative authorities of the two nations, respectively, may prescribe,
to the end that full justice and equity may be done to the citizens of
the respective territories.

Article 36. Should any land that has been selected under the pro- dlnS^sev enSaS’
visions of this treaty be abandoned and left uncultivated for the space ^etc., may be
of seven years by the party selecting the same, or his heirs, except in ren e ’ e c
the case of infants under the age of twenty-one years, or married
women, or persons non compos mentis, the legislative authorities of
the nation where such land lies may either rent the same for the benefit
of those interested, or dispose of the same otherwise for their benefit,
and may pass all laws necessary to give effect to this provision.

Article 37. In consideration of the right of selection hereinbefore uStlStesforiandl
accorded to certain Indians other than the Choctaws and Chickasaws, ^cted by the Indi‘
the United States agree to pay to the Choctaw and Chickasaw Nations,
out of the funds of Indians removing into said nations respectively,
under the provisions of this treaty, such sum as may be fixed by the
legislatures of said nations, not exceeding one dollar per acre, to be
divided between the said nations in the proportion of one-fourth to the
Chickasaw Nation and three-fourths to the Choctaw Nation, with the
understanding that at the expiration of twelve months the actual num¬
ber of said immigrating Indians shall be ascertained, and the amount
paid that may be actually due at the rate aforesaid; and should still
further immigrations take place from among said Kansas Indians, still
further payments shall be made accordingly from time to time.

712

TREATY WITH THE CHOCTAW AND CHICKASAW, 1866.

White persons mar¬
rying Indians and re¬
siding in the nation,
oradopted, to be mem¬
bers of the nation and
subject to its laws.

Licenses to trade.

Treaty restrictions
upon sales of personal
property removed.

Witnesses.

Surrender of fugi¬
tives from justice.

No white persons,
except, etc., to be per¬
mitted to go into said
territory, unless, etc.

Post-offices and
mails.

Former rights and
immunities of the In¬
dians to remain in
force.

Money due the In¬
dians under this
treaty; howtobepaid.

Article 38. Every white person who, having married a Choctaw or
Chickasaw, resides in the said Choctaw or Chickasaw Nation, or who
has been adopted by the legislative authorities, is to be deemed a mem¬
ber of said nation, and shall be subject to the laws of the Choctaw and
Chickasaw Nations according to his domicile, and to prosecution and
trial before their tribunals, and to punishment according to their laws
in all respects as though he was a native Choctaw or Chickasaw.

Article 39. No person shall expose goods or other articles for sale
as a trader without a permit of the legislative authorities of the nation
he may propose to trade in; but no license shall be required to author¬
ize any member of the Choctaw or Chickasaw Nations to trade in the
Choctaw or Chickasaw country who is authorized by the proper author¬
ity of the nation, nor to authorize Choctaws or Chickasawsto sell flour,
meal, meat, fruit, and other provisions, stock, wagons, agricultural
implements, or tools brought from the United States into the said
country.

Article 40. All restrictions contained in any treaty heretofore
made, or in any regulation of the United States upon the sale or other
disposition of personal chattel property by Choctaws or Chickasaws
are hereby removed.

Article 41. All persons who are members of the Choctaw or Chicka¬
saw Nations, and are not otherwise disqualified or disabled, shall
hereafter be competent witnesses in all civil and criminal suits and
proceedings in any courts of the United States, any law to the contrary
notwithstanding.

Article 42. The Choctaw and Chickasaw Nations shall deliver up
persons accused of crimes against the United States who may be found
within their respective limits on the requisition of the governor of
any State for a crime committed against the laws of said State, and
upon the requisition of the judge of the district court of the United
States for the district within which the crime was committed.

Article 43. The United States promise and agree that no white
person, except officers, agents, and employes of the Government, and
of any internal improvement company, or persons travelling through,
or temporarily sojourning in, the said nations, or either of them, shall
be permitted to go into said Territory, unless formally incorporated
and naturalized by the joint action of the authorities of both nations
into one of the said nations of Choctaws and Chickasaws, according to
their laws, customs, or usages; but this article is not to be construed
to affect parties heretofore adopted, or to prevent the employment
temporarily of white persons who are teachers, mechanics, or skilled
in agriculture, or to prevent the legislative authorities of the respective
nations from authorizing such works of internal improvement as they
may deem essential to the welfare and prosperity of the community, or
be taken to interfere with or invalidate any action which has hereto¬
fore been had in this connection by either of the said nations.

Article 44. Post-offices shall be established and maintained by the
United States at convenient places in the Choctaw and Chickasaw Na¬
tions, to and from which the mails shall be carried at reasonable inter¬
vals, at the rates of postage prevailing in the United States.

Article 45. All the rights, privileges, and immunities heretofore
possessed by said nations or individuals thereof, or to which they were
entitled under the treaties and legislation heretofore made and had in
connection with them, shall be, and are hereby declared to be, in full
force, so far as they are consistent with the provisions of this treaty.

Article 46. Of the moneys stipulated to be paid to the Choctaws and
Chickasaws under this treaty for the cession of the leased district, and
the admission of the Kansas Indians among them, the sum of one hun¬
dred and fifty thousand dollars shall be advanced and paid to the Choc¬
taws, and fifty thousand dollars to the Chickasaws, through their respec-

713

TREATY WITH THE CHOCTAW AND CHICKASAW, 1866.

tive treasurers, as soon as practicable after the ratification of this
treaty, to be repaid out of said moneys or any other moneys of said
nations in the hands of the United States; the residue, not affected by
any provision of this treaty, to remain in the Treasury of the United
States at an annual interest of five per cent., no part of which shall be
paid out as annuity, but shall be annually paid to the treasurer of said
nations, respectively, to be regularly and judiciously applied, under
the direction of their respective legislative councils, to the support of
their government, the purposes of education, and such other objects
as may be best . calculated to promote and advance the vrelf are and
happiness of said nations and their people respectively.

Article 47. As soon as practicable after the lands shall have been
surveyed and assigned to the Choctaws and Chickasaws in severalty
as herein provided, upon application of their respective legislative
councils, and with the assent of the President of the United States,
all the annuities and funds invested and held in trust by the United
States for the benefit of said nations respectively shall be capitalized
or converted into money, as the case may be; and the aggregate
amounts thereof belonging to each nation shall be equally divided and
paid per capita to the individuals thereof respectively, to aid and assist
them in improving their homesteads and increasing or acquiring flocks
and herds, and thus encourage them to make proper efforts to maintain
successfully the new relations which the holding of their lands in
severalty will involve: Provided , nevertheless , That there shall be
retained by the United States such sum as the President shall deem
sufficient of the said moneys to be invested, that the interest thereon
may be sufficient to defray the expenses of the government of said
nations respectively, together with a judicious system of education,
until these objects can be provided for by a proper system of taxation;
and whenever this shall be done to the satisfaction of the President
of the United States, the moneys so retained shall be divided in the
manner and for the purpose above mentioned.

Article 48. Immediately after the ratification of this treaty there
shall be paid, out of the funds of the Choctaws and Chickasaws in the
hands of the United States, twenty-five thousand dollars to the Choc¬
taw and twenty-five thousand dollars to the Chickasaw commissioners,
to enable them to discharge obligations incurred by them for various
incidental and other expenses to which they have been subjected, and
for which they are now indebted.

Article 49. And it is further agreed that a commission, to consist
of a person or persons to be appointed by the President of the United
States, not exceeding three, shall be appointed immediately on the
ratification of this treaty, who shall take into consideration and deter¬
mine the claim of such Choctaws and Chickasaws as allege that they
have been driven during the late rebellion from their homes in the
Choctaw [and Chickasaw] Nations on account of their adhesion to the
United States, for damages, with power to make such award as may
be consistent with equity and good conscience, taking into view all
circumstances, whose report, when ratified by the Secretary of the
Interior, shall be final, and authorize the payment of the amount from
any moneys of said nations in the hands of the United States as the
said commission may award.

Article 50. Whereas Joseph G. Heald and Reuben Wright, of
Massachusetts, were licensed traders in the Choctaw country at the
commencement of the rebellion, and claim to have sustained large
losses on account of said rebellion, by the use of their property by
said nation, and that large sums of money are due them for goods and
property taken, or sold to the members of said nation, and money
advanced to said nation; and whereas other loyal citizens of the United
States may have just claims of the same character: It is hereby agreed

After survey and'
assignment of the
lands in severalty, an¬
nuities and funds to
be capitalized, etc.

To be divided pen-
capita.

Certain sums may¬
be retained.

Payment of $25,000
to commissioners of
each nation for inci¬
dental expenses.

Commission tosettle-
damages of loyal In¬
dians driven from
their homes.

Commission to de¬
termine the claims of
loyal citizens of the
United States for dam¬
ages.

714

TREATY WITH THE CREEKS, 1866.

and stipulated that the commission provided for in the preceding arti¬
cle shall investigate said claims, and fully examine the same; and such
sum or sums of money as shall by the report of said commission,
approved by the Secretary of the Interior, be found due to such per¬
sons, not exceeding ninety thousand dollars, shall be paid by the
United States to the persons entitled thereto, out of any money belong-

Provisos. ing to said nation in the possession of the United States: Provided ,

That no claim for goods or property of any kind shall be allowed or
paid, in whole or part, which shall have been used by said nation or
any member thereof in aid of the rebellion, with the consent of said
claimants: Provided also , That if the aggregate of said claims thus
allowed and approved shall exceed said sum of ninety thousand dollars,
then that sum shall be applied pro rata in payment of the claims so
allowed.

inconsistent treaty Article 51. It is further agreed that all treaties and parts of trea-
provisions declared f-jeg inconsistent herewith be, and the same are hereby, declared null
and void.

TREATY WITH THE CREEKS, 1866.

June 14, 1866.

14 Stats., 785.

Ratified with
amendments, July 19,
1866.

Amendments ac¬
cepted, July 23, 1866.

Proclaimed Aug. 11,
1866.

Treaty of cession and indemnity concluded at the city of Washington
on the fourteenth da/y of June , in the year of our Lora one thousand
eight hundred and sixty-six , l)y and between the United States ,
represented by Dennis N. Cooley , Commissioner of Indian Affairs ,
Elija Sells , superintendent of Indian affairs for the southern swper-
intendency , and Col. Ely S. Parker , special commissioner , and the
Creek Nation of Indians, represented by Ok-tars-sars-harjo , or Sands ;
Cow-e-to-me-co and Che-chu-chee, delegates at large , and D. N. McIn¬
tosh and James Smith , special delegates of the Southern Creeks.

PREAMBLE.

Whereas existing treaties between the United States and the Creek
Nation have become insufficient to meet their mutual necessities; and
whereas the Creeks made a treaty with the so-called Confederate States,
on the tenth of July, one thousand eight hundred and sixty-one,
whereby they ignored their allegiance to the United States, and
unsettled the treaty relations existing between the Creeks and the
United States, and did so render themselves liable to forfeit to the
United States all benefits and advantages enjoyed by them in lands,
annuities, protection, and immunities, including their lands and other
property held by grant or gift from the United States; and whereas
in view of said liabilities the United States require of the Creeks a por¬
tion of their land whereon to settle other Indians; and whereas a treaty
of peace and amity was entered into between the United States and the
Creeks and other tribes at Fort Smith, September tenth, eighteen
hundred and sixty-five, whereby the Creeks revoked, cancelled, and
repudiated the aforesaid treaty made with the so-called Confederate
States; and whereas the United States, through its commissioners, in
said treaty of peace and amity, promised to enter into treaty with the
Creeks to arrange and settle all questions relating to and growing out
of said treaty with the so-called Confederate States: Now, therefore,
the United States, by its commissioners, and the above-named dele¬
gates of the Creek Nation, the day and year above mentioned, mutually
stipulate and agree, on behalf of the respective parties, as follows,
to wit:

peace and friend- Article 1. There shall be perpetual peace and friendship between

lip‘ the parties to this treaty, and the Creeks bind themselves to remain

firm allies and friends of the United States, and never to take up arms
against the United States, but always faithfully to aid in putting down

TREATY WITH THE CREEKS, 1866.

715

its enemies. They also agree to remain at peace with all other Indian
tribes; and, in return, the United States guarantees them quiet pos¬
session of their country, and protection against hostilities on the part
°u ?^r .tr-1ibes- In the event of hostilities, the United States agree
that the tribe- commencing and prosecuting the same shall, as far as
may be practicable, make just reparation therefor. To insure this
protection, the Creeks agree to a military occupation of their country, Military occupation
at any time, by the United States, and the United States agree to sta- u0nl?d°S0,n by the
tion and continue in said country from time to time, at its own
expense, such force as may be necessary for that purpose. A general
amnesty of all past offenses against the laws of the United States, COm- Amnesty,
mitted by any member of the Creek Nation, is hereby declared. And
the Creeks, anxious for the restoration of kind and friendly feelings
among themselves, do hereby declare an amnesty for all past offenses
against their government, and no Indian or Indians shall be proscribed,
or any act of forfeiture or confiscation passed against those who have
remained friendly to, or taken up arms against, the United States, but
they shall enjoy equal privileges with other members of said tribe, and
all laws heretofore passed inconsistent herewith are hereby declared
inoperative.

Article 2. The Creeks hereby covenant and agree that henceforth slavery not to exist
neither slavery nor involuntaiy servitude, otherwise than in the pun- am°ng e ree s'
ishment of crimes, whereof the parties shall have been duly convicted
in accordance with laws applicable to all members of said tribe, shall
ever exist in said nation; and inasmuch as there are among the Creeks
inany persons of African descent, who have no interest in the soil, it 4fRights,of those of
is stipulated that hereafter these persons lawfully residing in said ncan escent'
Creek country under their laws and usages, or who have been thus
residing in said country, and may return within one year from the
ratification of this treaty, and their descendants and such others of
the same race as may be permitted by the laws of the said nation to
settle within the limits of the jurisdiction of the Creek Nation as citi¬
zens [thereof,] shall have and enjoy all the rights and privileges of
native citizens, including an equal interest in the soil and national
funds, and the laws of the said nation shall be equally binding upon
and give equal protection to all such persons, and all others, of what¬
soever race or color, who may be adopted as citizens or members of
said tribe.

Article 3. In compliance with the desire of the United States to .cession of iands to
locate other Indians and freedmen thereon, the Creeks hereby cede e m e a es-
and convey to the United States, to be sold to and used as homes for
such other civilized Indians as the United States may choose to settle
thereon, the west half of their entire domain, to be divided by a line
running north and south; the eastern half of said Creek lands, being
retained by them, shall, except as herein otherwise stipulated, be for¬
ever set apart as a home for said Creek Nation; and in consideration
of said cession of the west half of their lands, estimated to contain
three millions two hundred and fifty thousand five hundred and sixty
acres, the United States agree to pay the sum of thirty (30) cents per Payment therefor,
acre, amounting to nine hundred and seventy -five thousand one hun- an mo 60 payment
dred and sixty-eight dollars, in the manner hereinafter provided, to
wit: two hundred thousand dollars shall be paid per capita in money,
unless otherwise directed by the President of the United States, upon
the ratification of this treaty, to enable the Creeks to occupy, restore,
and improve their farms, and to make their nation independent and
self-sustaining, and to pay the damages sustained by the mission schools
on the North Fork and the Arkansas Rivers, not to exceed two thou¬
sand dollars, and to pay the delegates such per diem as the agent and
Creek council may agree upon, as a just and fair compensation, all of
which shall be distributed for that purpose by the agent, with the
advice of the Creek council, under the direction of the Secretary of

716

TREATY WITH THE CBEEKS, 1866.

the Interior. One hundred thousand dollars shall be paid in money
and divided to soldiers that enlisted in the Federal Army and the
loyal refugee Indians and f reedmen who were driven from their homes
by the rebel forces, to reimburse them in proportion to their respective
losses; four hundred thousand dollars be paid in money and divided
per capita to said Creek Nation, unless otherwise directed by the Presi¬
dent of the United States, under the direction of the Secretary of the
Interior, as the same may accrue from the sale of land to other Indians.
The United States agree to pay to said Indians, in such manner and
for such purposes as the Secretary of the Interior may direct, inter¬
est at the rate of five per cent, per annum from the date of the ratifi¬
cation of this treaty, on the amount hereinbefore agreed upon for said
ceded lands, after deducting the said two hundred thousand dollars;
the residue, two hundred and seventy-five thousand one hundred and
sixty-eight dollars, shall remain in the Treasury of the United States,
and the interest thereon, at the rate of five per centum per annum, be
annually paid to said Creeks as above stipulated. .
ee in dfans^and freed 4RTICEE Immediately after the ratification of this treaty the

men, soldiers enlisted United States agree to ascertain the amount due the respective soldiers
111 Federal Army- who enlisted in the Federal Army, loyal refugee Indians and freedmen,
in proportion to their several losses, and to pay the amount awarded
Census. each, in the following manner, to wit: A census of the Creeks shall be

taken by the agent of the United States for said nation, under the
direction of the Secretary of the Interior, and a roll of the names of
all soldiers that enlisted in the Federal Army, loyal refugee Indians,
and freedmen, be made by him. The superintendent of Indian affairs
for the Southern superintendency and the agent of the United States
for the Creek Nation shall proceed to investigate and determine from
said roll the amounts due the respective refugee Indians, and shall
transmit to the Commissioner of Indian affairs for his approval, and
that of the Secretary of the Interior, their awards, together with the
reasons therefor. In case the awards so made shall be duly approved,
said awards shall be paid from the proceeds of the sale of said lands
within one year from the ratification of this treaty, or so soon as said
amount of one hundred thousand ($100,000) dollars can be raised from
the sale of said land to other Indians.

Rigbtofwaygranted Article 5. The Creek Nation hereby grant a right of way through
their lands, to the Choctaw and Chickasaw country, to any company
which shall be duly authorized by Congress, and shall, with the express
consent and approbation of the Secretary of the Interior, undertake to
construct a railroad from any point north of to any point in or south
conditions. of the Creek country, and likewise from any point on their eastern to

their western or southern boundary, but said railroad company, together
with all its agents and employes, shall be subject to the laws of the
United States relating to intercourse with Indian tribes, and also to
such rules and regulations as may be prescribed by the Secretary of
Lands will be sold, the Interior for that purpose, and the Creeks agree to sell to the United
States, or any company duly authorized as aforesaid, such lands not
legally owned or occupied by a member or members of the Creek
Nation, lying along the line of said contemplated railroad, not exceed¬
ing on each side thereof a belt or strip of land three miles in width, at
such price per acre as may be eventually agreed upon between said
Creek Nation and the party or parties building said road, subject to
Proviso. the approval of the President of the United States: Provided, however ,

That said land thus sold shall not be reconveyed, leased, or rented to,
or be occupied by any one not a citizen of the Creek Nation, according
to its laws and recognized usages: Provided , also , That officers, serv¬
ants, and employes of said railroad necessary to its construction and
management, shall not be excluded from such necessary occupancy,
they being subject to the provisions of the Indian intercourse law and

TREATY WITH THE CREEKS, 1866,

such rules and regulations as may be established by the Secretary of
the Interior, nor shall any conveyance of any of said lands be made to
the party building and managing said road until its completion as a
first-class railroad, and its acceptance as such b}T the Secretary of the
Interior.

Article 6. [Stricken out.]

Article 7. The Creeks hereby agree that the Seminole tribe of
Indians may sell and convey to the United States all or any portion of
the Seminole lands, upon such terms as may be mutually agreed upon
by and between the Seminoles and the United States.

Article 8. It is agreed that the Secretary of the Interior forthwith
cause the line dividing the Creek country, as provided for by the
terms of the sale of Creek lands to the United States in article third
of this treaty, to be accurately surveyed under the direction of the
Commissioner of Indian Affairs, the expenses of which survey shall
be paid by the United States.

Article 9. Inasmuch as the agency buildings of the Creek tribe
have been destro}Ted during the late war, it is further agreed that the
United States shall at their own expense, not exceeding ten thousand
dollars, cause to be erected suitable agency buildings, the sites whereof
shall be selected by the agent of said tribe, in the reduced Creek reser¬
vation, under the direction of the superintendent of Indian affairs.

In consideration whereof, the Creeks hereby cede and relinquish to
the United States one section of their lands, to be designated and
selected by their agent, under the direction of the superintendent of
Indian affairs, upon which said agency buildings shall be erected,
which section of land shall revert to the Creek nation when said
agency buildings are no longer used by the United States, upon said
nation pajffng a fair and reasonable value for said buildings at the
time vacated.

Article 10. The Creeks agree to such legislation as Congress and
the President of the United States may deem necessary for the better
administration of justice and the protection of the rights of person and
property within the Indian territory: Provided , however , [That] said
legislation shall not in any manner interfere with or annul their
present tribal organization, rights, laws, privileges, and customs.
The Creeks also agree that a general council, consisting of delegates
elected by each nation or tribe lawfully resident within the Indian
territory, may be annual^ convened in said territory, which council
shall be organized in such manner and possess such powers as are
hereinafter described.

First. After the ratification of this treaty, and as soon as may be
deemed practicable by the Secretary of the Interior, and prior to the
first session of said council, a census, or enumeration of each tribe
lawfully resident in said territory, shall be taken under the direction
of the superintendent of Indian affairs, who for that purpose is hereby
authorized to designate and appoint competent persons, whose com¬
pensation shall be fixed by the Secretary of the Interior, and paid by
the United States.

Second. The first general council shall consist of one member from
each tribe, and an additional member from each one thousand Indians,
or each fraction of a thousand greater than five hundred, being mem¬
bers of any tribe lawfully resident in said territory, and shall be selected
by said tribes respectively, who may assent to the establishment of
said general council, and if none should be thus formerly selected by
any nation or tribe, the said nation or tribe shall be represented in
said general council by the chief or chiefs and head men of said tribe,
to be taken in the order of their rank as recognized in tribal usage, in
the same number and proportion as above indicated. After the said
census shall have been taken and completed, the superintendent of

71T

Seminole may con¬
vey to the United
States.

Line dividing Creek
country to be sur¬
veyed.

Agency buildings.

Creeks agree to cer¬
tain legislation.

General council.

Census.

First general coun¬
cil; how composed.

718

TREATY WITH THE CREEKS, 1866.

Indian affairs shall publish and declare to each tribe the number of
members of said council to which they shall be entitled under the pro-
Time and place of visions of this article, and the persons entitled to so represent said
“sessions not to ex- tr^es shall meet at such time and place as he shall appoint, but there-
ceed thirty days. after the time and place of the sessions of said council shall be deter-

pecia session. mined by its action : Provided , That no session in any one year shall

exceed the term of thirty days, and provided that special sessions of
said council may be called whenever, in the judgment of the Secretary
of the Interior, the interest of said tribe shall require.
council!8 °f general Third. Said general council shall have power to legislate upon all
rightful subjects and matters pertaining to the intercourse and rela¬
tions of the Indian tribes and nations resident in said territory, the
arrest and extradition of criminals and offenders escaping from one
tribe to another, the administration of justice between members of the
several tribes of said territory, and persons other than Indians and
members of said tribes or nations, the construction of works of inter¬
nal improvement, and the common defence and safety of the nations
of said territory. All laws enacted by said general council shall take
effect at such time as may therein be provided, unless suspended by
direction of the Secretary of the Interior or the President of the
United States. No law shall be enacted inconsistent with the Consti-

Who to preside over
council.

Secretary of coun¬
cil.

Pay.

Pay of members.

Courts.

tution of the United States, or the laws of Congress, or existing treaty
stipulations with the United States, nor shall said council legislate
upon matters pertaining to the organization, laws, or customs of the
several tribes, except as herein provided for.

Fourth. Said council shall be presided over by the superintendent
of Indian affairs, or, in case of his absence from any cause, the duties
of said superintendent enumerated in this article shall be performed
by such person as the Secretary of the Interior may direct.

Fifth. The Secretary of the Interior shall appoint a secretary of said
council, whose duty it shall be to keep an accurate record of all the
proceedings of said council, and who shall transmit a true copy of all
such proceedings, duly certified by the superintendent of Indian affairs,
to the Secretary of the Interior immediately after the sessions of said
council shall terminate. He shall be paid out of the Treasury of the
United States an annual^/ salary of five hundred dollars.

Sixth. The members of said council shall be paid by the United
States the sum of four dollars per diem during the time actually in
attendance on the sessions of said council, and at the rate of four dol¬
lars for every twenty miles necessar[il]y traveled by them in going to
and returning to their homes respectively, from said council, to be
certified by the secretary of said council and the superintendent of
Indian affairs.

Seventh. The Creeks also agree that a court or courts may be estab¬
lished in said territory, with such jurisdiction and organized in such

manner as Congress may by law provide.

funhsIttiemJnt°of an Article 11. The stipulations of this treaty are to be a full settle-
ciaims. ment of all claims of said Creek Nation for damages and losses of

every kind growing out of the late rebellion and all expenditures by
the United States of annuities in clothing and feeding refugee ancl
destitute Indians since the diversion of annuities for that purpose con¬
sequent upon the late war with the so-called Confederate States; and
the Creeks hereby ratify and confirm all such diversions of annuities
heretofore made from the funds of the Creek Nation by the United
Division of annul- States, and the United States agree that no annuities shall be diverted
from the objects for which they were originally devoted by treaty
stipulations with the Creeks, to the use of refugee and destitute Indians
other than the Creeks or members of the Creek Nation after the close of

Treaty obligations
reaffirmed.

the present fiscal year, June thirtieth, eighteen hundred and sixty -six.

Article 12. The United States re-aifirms and re-assumes all obliga¬
tions of treaty stipulations with the Creek Nation entered into before

TREATY WITH THE DELAWARES, 1866.

719

the treaty of said Creek Nation with the so-called Confederate States,
July tenth, eighteen hundred and sixty-one, not inconsistent herewith;
and further agrees to renew all payments accruing by force of said
treaty stipulations from and after the close of the present fiscal year,
June thirtieth, eighteen hundred and sixty-six, except as is provided
in article eleventh.

Article 13. A quantity of land not exceeding one hundred and
sixty acres, to be selected according to legal subdivisions, in one body,
and to include their improvements, is hereby granted to every reli¬
gious society or denomination, which has erected, or which, with the
consent of the Indians, may hereafter erect, buildings within the Creek
country for missionary or educational purposes; but no land thus
granted, nor the buildings which have been or may be erected thereon,
shall ever be sold or otherwise disposed of, except with the consent
and approval of the Secretary of the Interior; and whenever any such
lands or buildings shall be so sold or disposed of, the proceeds thereof
shall be applied, under the direction of the Secretary of the Interior,
to the support and maintenance of other similar establishments for the
benefit of the Creeks and such other persons as may be or may here¬
after become members of the tribe according to its laws, customs, and
usages; and if at any time said improvements shall be abandoned for
one year for missionary or educational purposes, all the rights herein
granted for missionary and educational purposes shall revert to the
said Creek Nation.

Article 14. It is further agreed that all treaties heretofore entered
into between the United States and the Creek Nation which are incon¬
sistent with any of the articles or provisions of this treaty shall be,
and are hereby, rescinded and annulled; and it is further agreed that
ten thousand dollars shall be paid by the United States, or so much
thereof as may be necessary, to pay the expenses incurred in negotiat¬
ing the foregoing treaty.

TREATY WITH THE DELAWARES, 1866.

Articles of agreement between the United States and the chiefs and
councillors of the Delaware Indians , on behalf of said tribe: made
at the Delaware Agency , Kansas , on the fourth day of July, eighteen
hundred and sixty-six.

Whereas Congress has by law made it the duty of the President of
the United States to provide by treaty for the removal of the Indian
tribes from the State of Kansas; and whereas the Delaware Indians
have expressed a wish to remove from their present reservation in
said State to the Indian country, located between the States of Kansas
and Texas; and whereas the United States have, by treaties negotiated
with the Choctaws and Chickasaws, with the Creeks, and with the
Seminoles, Indian tribes residing in said Indian country, acquired the
right to locate other Indian tribes within the limits of the same; and
whereas the Missouri River Railroad Company, a corporation existing
in the State of Kansas bv the laws thereof,— and which company has
built a railroad connecting with the Pacific Railroad, from near the
mouth of the Kaw River to Leavenworth, in aid of which road the
Delawares, by treaty in eighteen hundred and sixty-four, agreed to
dispose of their lands,— has expressed a desire to purchase the present
Delaware Indian reservation in the said State, in a body, at a fair

P1It6is hereby agreed between Thomas Murphy, superintendent of
Indian affairs, John G. Pratt, agent for the Delawares, and W llliam
H. Watson, special commissioner, who are duly appointed to act for
the United States; and Captain John Connor, Captain Sarcoxie, and

Lands granted for
missionary and educa¬
tional purposes.

Not to be sold ex¬
cept, etc.

When sold, proceeds
to be how applied.

Inconsistent trf
provisions annulle .

July 4, 1866.

14 Stats., 793.
Ratified July 26,
1866.

Proclamation, Aug.
10, 1866.

722

TREATY WITH THE DELAWARES, 1866.

bePSeent's when t0 Article 8. That within sixty days after the sale of said land shall
have been effected, the purchaser shall pay to the said Secretary, in
trust for the Delawares, the stipulated price of said unallotted lands,
with the appraised value of improvements thereon, excepting there¬
from the mill reservation and the quarter sections upon which the
council-house and blacksmith-shops are built, the use of which shall
be retained until the final removal of the Delawares, and for which
payment shall not be required from the purchaser until possession is
delivered; and from time to time thereafter, as often as the Secretary
of the Interior shall notify the said purchaser that ten thousand acres
or more of said lands have been vacated by said Indians within three
months thereafter, said purchaser shall pay to the Secretary of the
Interior, in trust for the said Indians, the stipulated price for said
lands, with the appraised value of the improvements; and so on until
all are paid for, according to the true intent and meaning hereof; and
as said lands shall be paid for, patents therefor, conveying the same in
fee-simple, shall be from time to time issued to said purchaser, or to
his or its assigns, by the President of the United States,
of ^Delawares electing Article 9. It is also stipulated that the Secretary of the Interior

to become citizens, shall cause a registry to be made of the names of all of said Delawares
who have elected to dissolve their tribal relations and to become citi¬
zens of the United States, as provided in this treaty, with the names,
ages, and sex of the members of the family of each of said Delawares,
and present a certified copy of the same to the judge of the district
court of the United States for the district of Kansas, and cause a copy
to be filed in the office of the Commissioner of Indian Affairs, after
to becomefcFtizenture which any of said Delawares, being adults, may appear before the said
judge in open court, and make the same proof and take the same oath
of allegiance as is provided by law for the naturalization of aliens, and
also make proof, to the satisfaction of said court, that he is sufficiently
intelligent and prudent to control his own affairs and interests, that he
has adopted the habits of civilized life, and has been able to support,
for at least five years, himself and family; when he shall receive a cer¬
tificate of the same under the seal of the said court; and on the filing
of the said certificate in the office of the Commissioner of Indian
Affairs, the said Delaware Indian shall be constituted a citizen of the

Patent of land be- United States, and be entitled to receive a patent, in fee-simple, with
lore allotted. power of alienation, for the land heretofore allotted him, and his just

proportion, in cash or in bonds, of the cash value of the credits of said
tribe, principal and interest, then held in trust by the United States;
eeds oTsaies °f pr0" ar)d aiso? as the same may be received, his proportion of the proceeds
of the sale of lands under the provisions of this treat}^, when be shall
Minor children. cease to be a member of said tribe. Whereupon all of the minor chil¬
dren of those who have become citizens shall be construed to have

elected to sever their connection with said tribe for the time being,
and be entitled to their just proportion of the annuities of the tribe,
to be paid to the head of the family to be expended for their support
and education until they shall attain the age of twenty-one years, after
which each shall elect to remove to his tribe or to become a citizen of

the United States, as hereinbefore provided, and if thus admitted to
citizenship, shall be entitled to all the privileges and interests herein
provided for the head of the family. Should any minor as aforesaid,
arriving at the age of twenty -one years, and electing to become a citi¬
zen of the United States, or any adult Indian having so elected, fail to
be admitted, he shall not be compelled to removq, but the Secretary of
the Interior shall provide proper guardianship for the protection of his
haveabecomecftizens° rights and interests and those of his family. There shall be granted
to each of the Delawares who have thus become citizens, a patent, in
fee-simple, for the lands heretofore allotted to them, and, if they do
not remove with the nation, their pro rata share of all annuities and

TREATY WITH THE DELAWARES, 1866.

723

trust-property field by the United States for them, the division to be
made under the direction of the President of the United States, after
which such persons shall cease to be members of the Delaware tribe,
and shall not further participate in their councils, nor share in their
property or annuities.

Article 10. It is further agreed that the funds of the Delawares
shall never be applied by the Government to the payment of the debt
or debts of any individual member or members of the nation; nor shall
any person be licensed to trade with the Delawares without the con¬
sent of the chiefs and council; and the salaries of the chiefs shall hence¬
forward be four hundred dollars per annum.

Article 11. The Delawares acknowledge their dependence upon the
United States, and again renew their pledges of devotion to the Gov¬
ernment thereof , and ask its protection; and the United States agree
to protect, preserve, and defend them in all their just rights.

Article 12. It is also agreed that if the said Secretary should not
be able to sell the said lands as hereinbefore provided, he may cause
the same to be appraised, in separate tracts, at their fair cash value,
no tract to be valued at less than two dollars and fifty cents per acre,
and the same when appraised may be sold at not less than the
appraised value, and for as much more as the same will bring, and the
money arising from the sale to be applied and distributed as hereinbe¬
fore provided.

Article 13. It is agreed by the Delawares that railroad companies
(engaged in building roads whose routes shall lie through their new
veservation in the Indian country shall have a right of way through
and over said lands, not exceeding two hundred feet in width for any
such road, and also the right to enter on all lands and take and use
such gravel, stone, and other material except timber as may be nec¬
essary for the construction of such roads, compensation to be made for
any damages done in obtaining such material, and for any damages
arising from the location or running of such roads to improvements
which shall have been made before such road shall have been located,
such damages to be ascertained under regulations to be prescribed by
the Secretary of the Interior.

Article 14. The United States further agree that, in accordance
with the general provisions of the sixth article of the Delaware treaty
of May thirty, eighteen hundred and sixty, which have not yet been
fulfilled, there shall be credited to the Delawares, in the purchase of
their new reservation in the Indian country, the sum of thirty thousand
dollars, which credit by the United States shall be received by the
Delawares as a full settlement of all claims against the Government
for depredations upon timber to the date of the signingof this treaty;
;and the Delawares shall receive, without cost, from the United States,
land included within their new reservation to the amount of twenty-
three sections, in place of the twenty -three sections of half-breed Kaw
lands referred to in said sixth section of the treaty of eighteen hun¬
dred and sixty; and inasmuch as the Delawares claim that a large
amount of stock has been stolen from them by whites since the treaty
of eighteen hundred and fifty -four, the United States agree to have a
caref ul examination of such claims made under the direction of the
Secretary of the Interior, and when the value of such stolen stock
.shall have been ascertained, the same shall be reported to Congress
with a recommendation for an appropriation to pay for the same; and
all moneys appropriated for such purpose shall be paid to the owners
(O'f ss/id stock

Article li>. It is also agreed by the contracting parties that nothing
■contained In this treaty shall be so construed as to require the Dela¬
wares to remove from their present homes, until after they shall have
selected and received title to lands for new homes elsewhere.

Funds of the tribe
not to pay debts of in¬
dividual members.

Licenses to trade.
Salaries of chiefs.

Dependence and
protection.

Sale of lands.

Right of way for
railroads.

Settlement of all
claims, of the Dela¬
wares for depreda¬
tions.

Delawares not to
move until new homes
are provided.

724

TREATY WITH THE CHEROKEE, 1866.

Articles of agreement and convention at the city of Washington on the
nineteenth day of July , in the year of our Lord one thousand eight
hundred and sixty-six , between the United States , represented by
Dennis N. Cooley , Commissioner of Indian Affairs , \a,nd ] Elijah
Sells , superintendent of Indian affairs for the southern superintend¬
ency , and the Cherokee Nation of ’ Indians , represented by its dele¬
gates, James McDaniel , Smith Christie , White Catcher , & /Z Benge ,
J. B. Jones , and Daniel II Boss — Boss, principal chief of the
Cherokees , being too unwell to join in these negotiations.

PREAMBLE.

Whereas existing treaties between the United States and the Chero¬
kee Nation are deemed to be insufficient, the said contracting parties
agree as follows, viz:

Pretended treaty j Article 1. The pretended treaty made with the so-called Confeder-
deciared void. ate States by the Cherokee Nation on the seventh day of October,
eighteen hundred and sixty-one, and repudiated by the national coun¬
cil of the Cherokee Nation on the eighteenth day of February, eighteen
hundred and sixty-three, is hereby declared to be void.

Amnesty. Article 2. Amnesty is hereby declared by the United States and

the Cherokee Nation for all crimes and misdemeanors committed by
one Cherokee on the person or property of another Cherokee, or of a
citizen of the United States, prior to the fourth day of July, eighteen
hundred and sixty-six; and no right of action arising out of wrongs
committed in aid or in the suppression of the rebellion shall be prose¬
cuted or maintained in the courts of the United States or in the courts
of the Cherokee Nation.

But the Cherokee Nation stipulate and agree to deliver up to the
United States, or their duly authorized agent, any or all public prop¬
erty, particularly ordnance, ordnance stores, arms of all kinds, and
quartermaster’s stores, in their possession or control, which belonged
to the United States or the so-called Confederate States, without any
reservation.

confiscation laws Article 3. The confiscation laws of the Cherokee Nation shall be
owners*^ restored™ to repealed, and the same, and all sales of farms, and improvements on
their rights. real estate, made or pretended to be made in pursuance thereof, are

hereby agreed and declared to be null and void, and the former owners
of such property so sold, their heirs or assigns, shall have the right
peaceably to re-occupy their homes, and the purchaser under the con¬
fiscation laws, or his heirs or assigns, shall be repaid by the treasurer
of the Cherokee Nation from the national funds, the money paid for

improvements. said property and the cost of permanent improvements on such real
estate, made thereon since the confiscation sale; the cost of such
improvements to be fixed by a commission, to be composed of one
person designated by the Secretary of the Interior and one by the
principal chief of the nation, which two may appoint a third in cases
of disagreement, which cost so fixed shall be refunded to the national
treasurer by the returning Cherokees within three years from the
ratification hereof.

ersonskand freen<f Article 4. All the Cherokees and freed persons who were formerly
groesm'ay’eiecftore- slaves to any Cherokee, and all free negroes not having been such
side where. slaves, who resided in the Cherokee Nation prior to June first, eighteen

hundred and sixty-one, who may within two years elect not to reside
northeast of the Arkansas River and southeast of Grand River, shall
have the right to settle in and occupy the Canadian district south¬
west of the Arkansas River, and also all that tract of country lying
northwest of Grand River, and bounded on the southeast by Grand

14 Stats., 799.

Ratified, with
amendments, July 27,
1866.

Amendmentsagreed
to, July 31, 1866.

Proclaimed Aug. 11,
1866.

TREATY WITH THE CHEROKEE, 1866.

725

River and west by the Creek reservation to the northeast corner
thereof; from thence west on the north line of the Creek reservation
to the ninety-sixth degree of west longitude; and thence north on said
line of longitude so far that a line due east to Grand River will include
a quantity of land equal to one hundred and sixty acres for each per¬
son who may so elect to reside in the territory above-described in this
article: Provided , That that part of said district north of the Arkan Proviso,
sas River shall not be set apart until it shall be found that the Canadian
district is not sufficiently large to allow one hundred and sixty acres
to each person desiring to obtain settlement under the provisions of
this article.

Article 5. The inhabitants electing to reside in the district described Those so electing to
in the preceding article shall have the right to elect all their local offi- locaiVfficersTjudges,
cers and judges, and the number of delegates to which by their num- etc-
hers they may be entitled in any general council to be established in the
Indian Territory under the provisions of this treaty, as stated in Arti¬
cle XII, and to control all their local affairs, and to establish all neces¬
sary police regulations and rules for the administration of justice in
said district, not inconsistent with the constitution of the Cherokee
Nation or the laws of the United States; Provided , The Cherokees Proviso,
residing in said district shall enjoy all the rights and privileges of
other Cherokees who may elect to settle in said district as hereinbefore
provided, and shall hold the same rights and privileges and be subject
to the same liabilities as those who elect to settle in said district under
the provisions of this treaty; Provided also , That if any such police Proviso,
regulations or rules be adopted which, in the opinion of the President,
bear oppressively on any citizen of the nation, he may suspend the
same. And all rules or regulations in said district, or in any other
district of the nation, discriminating against the citizens of other dis¬
tricts, are prohibited, and shall be void.

Article 6. The inhabitants of the said district hereinbefore described 1 n

shall be entitled to representation according to numbers in the national
council, and all laws of the Cherokee Nation shall be uniform through¬
out said nation. And should any such law, either in its provisions or
in the manner of its enforcement, in the opinion of the President of
the United States, operate unjustly or injuriously in said district, he unequal laws,
is hereby authorized and empowered to correct such evil, and to adopt
the means necessary to secure the impartial administration of justice, as
well as a fair and equitable application and expenditure of the national
funds as between the people of this and of every other district in said
nation.

Article 7. The United States court to be created in the Indian Courts*
Territory; and until such court is created therein, the United States
district court, the nearest to the Cherokee Nation, shall have exclusive
original jurisdiction of all causes, civil and criminal, wherein an inhab¬
itant of the district hereinbefore described shall be a party, and where
an inhabitant outside of said district, in the Cherokee Nation, shall be
the other party, as plaintiff or defendant in a civil cause, or shall be
defendant or prosecutor in a criminal case, and all process issued in Process,
said district by any officer of the Cherokee Nation, to be executed on
an inhabitant residing outside of said district, and all process issued
by any officer of the Cherokee Nation outside of said district, to be
executed on an inhabitant residing in said district, shall be to all
intents and purposes null and void, unless indorsed by the district
judo-e for the district where such process is to be served, and said per¬
son, so arrested, shall be held in custody by the officer so arresting
him, until he shall be delivered over to the United States marshal, or
consent to be tried by the Cherokee court: Provided , That any or all PrOT1S0-
the provisions of this treaty, which make any distinction in rights and
remedies between the citizens of any district and the citizens of the
rest of the nation, shall be abrogated whenever the President shall

726

Licenses to trade
not be granted unless,

TREATY WITH THE CHEROKEE,, I866i.

have ascertained, by an election duly ordered by him, that a majority
ol the voters of such district desire them to be abrogated, and he shall
have declared such abrogation: And 'provided further. That no law or
regulation, to be hereafter enacted within said Cherokee Nation or any
district thereof, prescribing a penalty for its violation,, shall take effect
or be enforced until after ninety days- from the date of its promulga¬
tion, either by publication in one or more newspapers of general cir-
oulation in said Cherokee Nation, or by posting up capies thereof in
the Cherokee and English languages in each district where the same
is to take effect, at the usual place of holding district courts.

Article 8. No license to trade in goods,. wares, or merchandise
merchandise shall be granted by the United States to trade in the
Cherokee Nation, unless approved by the Cherokee national council,
except in the Canadian district, and such other district north of
Arkansas River and west of Grand River occupied by the so-called
southern Cherokees, as provided in Article 4 of this treaty.
exSistvery’ etc*’ not to • Article 9. The Cherokee Nation having, voluntarily, in February,
eighteen hundred and sixty-three, by an act of their national council,
forever abolished slavery, hereby covenant and agree that never here¬
after shall either slavery or involuntary servitude exist in their nation
otherwise than in the punishment of crime, whereof the party shall
have been duly convicted, in accordance with laws applicable to all the
Freedmen. members of said tribe alike. They f urther agree that all f reedmen who

have been liberated by voluntary act of their former owners or by
law, as well as all free colored persons who were in the country at the
commencement of the rebellion, and are now residents therein, or who
may return within six months, and their descendants, shall have all
No pay for emanci- the rights of native Cherokees: Provided,. That owners of slaves so
pated slaves. emancipated in the Cherokee Nation shall never receive any compen¬

sation or pay for the slaves so emancipated.
beFsaorid etcducts may Article 10. Every Cherokee and freed person resident in the

Cherokee Nation shall have the right to sell any products of his farm,
including his or her live stock, or any merchandise oi manufactured
products, and to ship and drive the same to market without restraint,
paying any tax thereon which is now or may be levied by the United
States on the quantity sold outside of the Indian Territory.

Article 11. The Cherokee Nation hereby grant a right of way not
exceeding two hundred feet wide, except at stations, switches, water-
stations, or crossing of rivers, where more may be indispensable to
the full enjoyment of the franchise herein granted, and then only two
hundred additional feet shall be taken, and only for such length as may
be absolutely necessary, through all their lands, to any companj^ or
corporation which shall be duly authorized by Congress to construct a
railroad from any point north to any point south, and from any point-
east to any point west of, and which may pass through, the Cherokee^
Nation. Said company or corporation, and their employes and labor¬
ers, while constructing and repairing the same, and in operating said
road or roads, including all necessary agents on the line, at stations,
switches, water-tanks, and all others necessary to the successful opera¬
tion of a railroad, shall be protected in the discharge of their duties,
and at all times subject to the Indian intercourse laws, now or which
may hereafter be enacted and be in force in the Cherokee Nation,
Article 12. The Cherokees agree that a general council, consisting
of delegates elected by each nation or tribe lawfully residing within
the Indian Territory, may be annually convened in said Territory,, which
council shall be organized in such manner and possess such powers as.
hereinafter prescribed.

First. After the ratification of this treaty, and as soon as may be.
deemed practicable by the Secretary of the Interior, and prior to the

General council.

TREATY WITH THE CHEROKEE, 1866.

727

Frst session of said council, a census or enumeration of each tribe law¬
fully resident in said Territory shall be taken under the direction of
the Commissioner of Indian Affairs, who for that purpose is hereby
authorized to designate and appoint competent persons, whose compen¬
sation shall be fixed by the Secretary of the Interior, and paid by the
United States.

Second. The first general council shall consist of one member from
each tribe, and an additional member for each one thousand Indians, or
each fraction of a thousand greater than five hundred, being members
of any tribe lawfully resident in said Territory, and shall be selected
by said tribes respectively, who may assent to the establishment of
said general council; and if none should be thus formally selected by
any nation or tribe so assenting, the said nation or tribe shall be rep¬
resented in said general council by the chief or chiefs and headmen of
said tribes, to be taken in the order of their rank as recognized in
tribal usage, in the same number and proportion as above indicated.
After the said census shall have been taken and completed, the super¬
intendent of Indian affairs shall publish and declare to each tribe assent¬
ing to the establishment of such council the number of members of
such council to which they shall be entitled under the provisions of
this article, and the persons entitled to represent said tribes shall meet
at such time and place as he shall approve; but thereafter the time and
place of the sessions of said council shall be determined by its action:
Provided , That no session in any one year shall exceed the term of
thirty days: And provided, That special sessions of said council may
b>e called by the Secretary of the Interior whenever in his judgment
the interest of said tribes shall require such special session.

Third. Said general council shall have power to legislate upon mat¬
ters pertaining to the intercourse and relations of the Indian tribes and
nations and colonies of freedmen resident in said Territory; the arrest
and extradition of criminals and offenders escaping from one tribe to
another, or into any community of freedmen; the administration of
justice between members of different tribes of said Territory and per¬
sons other than Indians and members of said tribes or nations; and the
common defence and safety of the nations of said Territory.

All laws enacted by such council shall take effect at such time as
may therein be provided, unless suspended by direction of the Presi¬
dent of the United States. No law shall be enacted inconsistent with
the Constitution of the United States, or laws of Congress, or existing
treaty stipulations with the United States. Nor shall said council
legislate upon matters other than those above indicated: Provided ,
however, That the legislative power of such general council may be
enlarged by the consent of the national council of each nation or tribe
assenting to its establishment, with the approval of the President of
the United States.

Fourth. Said council shall be presided over by such person as may
be designated by the Secretary of the Interior.

Fifth. The council shall elect a secretary, whose duty it shall be to
keep an accurate record of all the proceedings of said council, and
who shall transmit a true copy of all such proceedings, duly certified
by the presiding officer of slich council, to the Secretary of the Interior,
and to each tribe or nation represented in said council, immediately
after the sessions of said council shall terminate. He shall be paid out
of the Treasury of the United States an annual salary of five hundred
dollars. e

Sixth. The members of said council shall be paid b}7 the United
States the sum of four dollars per diem during the term actually in
attendance on the sessions of said council, and at the rate of four dollars
for every twenty miles necessarily traveled by them in going from

First g.eneral coun¬
cil; how composed.

Time and place of
first meeting.

Session not to ex¬
ceed thirty days.
Special sessions.

Powers of general
council.

Laws, when to take
effect.

Legislative power
may be enlarged.

President of coun¬
cil.

Secretary of coun¬
cil.

Pay

Pay of members of
council.

728

TREATY WITH THE CHEROKEE, 1866.

and returning to their homes, respectively, from said council, to be
certified by the secretary and president of the said council.

Courts- Article 13. The Cherokees also agree that a court or courts may be

established by the United States in said Territory, with such jurisdiction
and organized in such manner as may be prescribed by law: Provided ,
That the judicial tribunals of the nation shall be allowed to retain
exclusive jurisdiction in all civil and criminal cases arising within their
cpuntry in which members of the nation, by nativity or adoption, shall
be the only parties, or where the cause of action shall arise in the
Cherokee Nation, except as otherwise provided in this treaty.
aryanor ^rational Article 14. The right to the use and occupancy of a quantity of land
purposes. not exceeding one hundred and sixty acres, to be selected according to

legal subdivisions in one body, and to include their improvements, and
not including the improvements of any member of the Cherokee
Nation, is hereby granted to every society or denomination which has
erected, or which with the consent of the national council may hereafter
Not to be sold ex erec^ buildings within the Cherokee country for missionary or educa-
cept* for. 6 80 ex tional purposes. But no land thus granted' nor buildings which have
been or may be erected thereon, shall ever be sold or [otherwise dis¬
posed of except with the consent and approval of the Cherokee
national council and the Secretary of the Interior. And whenever any
Proceeds of sale. such iands or buildings shall be sold or disposed of, the proceeds thereof
shall be applied by said society or societies for like purposes within
said nation, subject to the approval of the Secretary of the Interior.
mayeseYuetecivnfzeed Article 15. The United States may settle any civilized Indians,
okeeacountrthe cher' Uiendly with the Cherokees and adjacent tribes, within the Cherokee
country, on unoccupied lands east of 96°, pn such terms as may be
agreed upon by any such tribe and the Cherokees, subject to the
approval of the President of the United States, which shall be consist¬
ent with the following provisions, viz: Should any such tribe or band
of Indians settling in said country abandon their tribal organization,
there being first paid into the Cherokee national fund a sum of money
which shall sustain the same proportion to the then existing national
fund that the number of Indians sustain to the whole number of Cher-
partof cheroke™Na^ °kees then residing in the Cherokee country, they shall be incorpor-
tion. ated into and ever after remain a part of the Cherokee Nation, on equal

terms in every respect with native citizens. And should any such
preserve tribaYorgaS tribe, thus settling in said country, decide to preserve their tribal
izauon tohave land organizations, and to maintain their tribal laws, customs, and usages,
not inconsistent with the constitution and laws of the Cherokee Nation,

they shall have a district of country set off for their use by metes and
bounds equal to one hundred and sixty acres, if they should so decide,
for each man, woman, and child of said tribe, and shall pay for the
same into the national fund such price as may be agreed on by them
and the Cherokee Nation, subject to the approval of the President of
the United States, and in cases of disagreement the price to be fixed
by the President.

ationaffund*11 int0 And the said tribe thus settled shall also pay into the national fund
a sum of money, to be agreed on by the respective parties, not greater
in proportion to the whole existing national fund and the probable
proceeds of the lands herein ceded or authorized to be ceded or sold
than their numbers bear to the whole number of Cherokees then resid¬
ing in said country, and thence afterwards they shall enjoy all the
rights of native Cherokees. But no Indians who have no tribal organ-

ittiemexitf places °f izations, or who shall determine to abandon their tribal organizations,
shall be permitted to settle east of the 96° of longitude without the
consent of the Cherokee national council, or of a delegation duly
appointed by it, being first obtained. And no Indians who have and
determine to preserve their tribal organizations shall be permitted to
settle, as herein provided, east of the 96° of longitude without such

TREATY WITH THE CHEROKEE, 1866.

729-

consent being first obtained, unless the President of the United States,
after a full hearing of the objections offered by said council or delega¬
tion to such settlement, shall determine that the objections are insuffi¬
cient, in which case he may authorize the settlement of such tribe east
of the 96° of longitude.

Article 16. The United States may settle friendly Indians in any
part of the Cherokee country west of 96°, to be taken in a compact
form in quantity not exceeding one hundred and sixty acres for each
member of each of said tribes thus to be settled; the boundaries of
each of said districts to be distinctly marked, and the land conveyed
in fee-simple to each of said tribes to be held in common or by their
members in severalty as the United States may decide.

Said lands thus disposed of to be paid for to the Cherokee Nation
at such price as may be agreed on between the said parties in interest,
subject to the approval of the President; and if they should not agree,
then the price to be fixed by the President.

The Cherokee Nation to retain the right of possession of and juris¬
diction over all of said country west of 96° of longitude until thus
sold and occupied, after which their jurisdiction and right of posses¬
sion to terminate forever as to each of said districts thus sold and
occupied.

Article 17. The Cherokee Nation hereby cedes, in trust to the
United States, the tract of land in the State of Kansas which was sold
to the Cherokees by the United States, under the provisions of the
second article of the treaty of 1835; and also that strip of the land
ceded to the nation by the fourth article of said treaty which is
included in the State of Kansas, and the Cherokees consent that said
lands may be included in the limits and jurisdiction of the said State.

The lands herein ceded shall be surveyed as the public lands of the
United States are surveyed, under the direction of the Commissioner
of the General Land-Office, and shall be appraised by two disinter¬
ested persons, one to be designated by the Cherokee national council
and one by the Secretary of the Interior, and, in case of disagreement,
by a third person, to be mutually selected by the aforesaid appraisers.
The appraisement to be not less than an average of one dollar and a
quarter per acre, exclusive of improvements.

And the Secretary of the Interior shall, from time to time, as such
surveys and appraisements are approved by him, after due advertise¬
ments for sealed bids, sell such lands to the highest bidders for cash,
in parcels not exceeding one hundred and sixty acres, and at not less
than the appraised value: Provided, That whenever there are improve¬
ments of the value of fifty dollars made on the lands not being min¬
eral, and owned and personally occupied by any person for agricultural
purposes at the date of the signing hereof, such person so owning,
and in person residing on such improvements, shall, after due proof,
made under such regulations as the Secretary of the Interior may pre¬
scribe, be entitled to buy, at the appraised value, the smallest quantity
of land in legal subdivisions which will include his improvements, not
exceeding in the aggregate one hundred and sixty acres; the expenses
of survey and appraisement to be paid by the Secretary out of the
proceeds of sale of said land: Provided, That nothing in this article
shall prevent the Secretary of the Interior from selling the whole of
said lands not occupied by actual settlers at the date of the ratification
of this treaty, not exceeding one hundred and sixty acres to each per¬
son entitled to pre-emption under the pre-emption laws of the United
States, in a body, to any responsible party, for cash, for a sum not
less than one dollar per acre.

Article 18. That any lands owned by the Cherokees in the State
of Arkansas and in States east of the Mississippi may be sold by the
Cherokee Nation in such manner as their national council may pre-

Where the United
States may settle
friendly Indians.

Lands.

Possession and juris¬
diction over such
lands.

Cession of lands to
the United States in
trust.

Lands to he sur¬
veyed and appraised.

May he sold to high¬
est bidder.

Improvements.

Proviso.

Sales by Cherokee
of lands in Arkansas.

730

Heads of families.

Lands reserved to be
surveyedand allotted.

Boundary line to be
run and marked.

Agent of Cherokees
to examine accounts,
books, etc.

Funds, how to be
invested.

Interest, how to be
paid.

Payment to Rev.
JCvan Jones.

TREATY WITH THE CHEROKEE, 3866.

scribe, all such sales being first approved by the Secretary of the
Interior.

Article 19. All Cherokees being heads of families residing at the
date of the ratification of this treaty on any of the lands herein ceded,
or authorized to be sold, and desiring to remove to the reserved country,
shall be paid by the purchasers of said lands the value of such improve¬
ments, to be ascertained and appraised by the commissioners who
appraise the lands, subject to the approval of the Secretary of the
Interior; and if he shall elect to remain on the land now occupied by
him, shall be entitled to receive a patent from the United States in fee-
simple for three hundred and twenty acres of land to include his
improvements, and thereupon he and his famity shall cease to be mem¬
bers of the nation.

And the Secretary of the Interior shall also be authorized to pay
the reasonable costs and expenses of the delegates of the southern
Cherokees.

The moneys to be paid under this article shall be paid out of the
proceeds of the sales of the national lands in Kansas.

Article 20. Whenever the Cherokee national council shall request
it, the Secretary of the Interior shall cause the country reserved for
the Cherokees to be surveyed and allotted among them, at the expense
of the United States.

Article 21. It being difficult to learn the precise boundary line
between the Cherokee country and the States of Arkansas, Missouri,
and Kansas, it is agreed that the United States shall, at its own expense,
cause the same to be run as far west as the Arkansas, and marked by
permanent and conspicuous monuments, by two commissioners, one of
whom shall be designated by the Cherokee national council.

Article 22. The Cherokee national council, or any duly appointed
delegation thereof, shall have the privilege to appoint an agent to
examine the accounts of the nation with the Government of the United
States at such time as they may see proper, and to continue or dis¬
charge such agent, and to appoint another, as may be thought best by
such council or delegation; and such agent shall have free access to all
accounts and books in the executive departments relating to the busi¬
ness of said Cherokee Nation, and an opportunity to examine the same
in the presence of the officer having such books and papers in charge.

Article 23. All funds now due the nation, or that may hereafter
accrue from the sale of their lands by the United States, as hereinbe¬
fore provided for, shall be invested in the United States registered
stocks at their current value, and the interest on all said funds shall
be paid semi-annually on the order of the Cherokee Nation, and shall
be applied to the following purposes, to wit: Thirty-five per cent,
shall be applied for the support of the common-schools of the nation
and educational purposes; fifteen per cent, for the orphan fund, and
fifty per cent, for general purposes, including reasonable salaries of
district officers; and the Secretary of the Interior, with the approval
of the President of the United States, may pay out of the funds due the
nation, on the order of the national council or a delegation duly author¬
ized by it, such amount as he may deem necessary to meet outstanding
obligations of the Cherokee Nation, caused by the suspension of the
payment of their annuities, not to exceed the sum of one hundred and
fifty thousand dollars.

Article 24. As a slight testimony for the useful and arduous serv¬
ices of the Rev. Evan Jones, for forty years a missionary in the
Cherokee Nation, now a cripple, old and poor, it is agreed that the
sum of three thousand dollars be paid to him, under the direction of
the Secretary of the Interior, out of any Cherokee fund in or to come
into his hands not otherwise appropriated.

TREATY WITH THE CHEROKEE, 1866.

781

Article 25. A large number of the Cherokees who served in the
Army of the United States having died, leaving no heirs entitled to
receive bounties and arrears of pay on account of such service, it is
agreed that all bounties and arrears for service in the regiments of
Indian United States volunteers which shall remain unclaimed by any
person legally entitled to receive the same for two years from the rat¬
ification of this treaty, shall be paid as the national council may direct,
to be applied to the foundation and support of an asylum for the
education of orphan children, which asylum shall be under the control
of the national council, or of such benevolent society as said council
may designate, subject to the approval of the Secretary of the Interior.

Article 26. The United States guarantee to the people of the
Cherokee Nation the quiet and peaceable possession of their country
and protection against domestic feuds and insurrections, and against
hostilities of other tribes. They shall also be protected against inter¬
ruptions or intrusion from all unauthorized citizens of the United
States who may attempt to settle on their lands or reside in their ter¬
ritory. In case of hostilities among the Indian tribes, the United
States agree that the party or parties commencing the same shall, so
far as practicable, make reparation for the damages done.

Article 27. The United States shall have the right to establish one
or more military posts or stations in the Cherokee Nation, as may be
deemed necessary for the proper protection of the citizens of the
United States lawfully residing therein and the Cherokees and other
citizens of the Indian country. But no sutler or other person con¬
nected therewith, either in or out of the military organization, shall
be permitted to introduce any spirit[u]ous, vinous, or malt liquors
into the Cherokee Nation, except the medical department proper, and
by them only for strictly medical purposes. And all persons not in
the military service of the United States, not citizens of the Cherokee
Nation, are to be prohibited from coming into the Cherokee Nation,
or remaining in the same, except as herein otherwise provided; and
it is the duty of the United States Indian agent for the Cherokees to
have such persons, not lawfully residing or sojourning therein, removed
from the nation, as they now are, or hereafter may be, required by
the Indian intercourse laws of the United States.

Article 28. The United States hereby agree to pay for provisions
and clothing furnished the army under Appotholehala in the winter of
1861 and 1862, not to exceed the sum of ten thousand dollars, the
accounts to be ascertained and settled by the Secretary of the Interior.

Article 29. The sum of ten thousand dollars, or so much thereof
as may be necessary to pay the expenses of the delegates and repre¬
sentatives of the Cherokees invited by the Gov arnment to visit W ash-
ington for the purposes of making this treaty, shall be paid by the
United States on the ratification of this treaty.

Article 3£). The United States agree to pay to the proper claimants
all losses of property by missionaries or missionary societies, resulting
from their being ordered or driven from the country by United States
agents, and from their property being taken and occupied or destroyed
by by United States troops, not exceeding in the aggregate twenty
thousand dollars, to be ascertained by the Secretary of the Interior.

Article 31. All provisions of treaties heretofore ratified and in
force, and not inconsistent with the provisions of this treaty, are
hereby re-affirmed and declared to be in full force; and nothing herein
shall be construed as an acknowledgment by the United States, oi as
a relinquishment by the Cherokee Nation of any claims or demands
under the guarantees of former treaties, except as herein expressly
provided.

Bounties and ar¬
rears for services as
Indian volunteers,
how to be paid.

Possession and pro¬
tection guaranteed.

Military posts in
Cherokee Nation.

Spirituous, etc., liq¬
uors forbidden ex¬
cept, etc.

Certain persons pro¬
hibited from coming
into the nation.

Payment for certain
provisions and cloth¬
ing.

Expenses of Chero¬
kee delegations.

Payment of certain
losses by missionaries,
etc.

Inconsistent treaty
provisions annulled.

732

TREATY WITH THE SAUK AND FOXES, 1867.

Feb. 18, 1867.

15 Stat., 495.

Ratifed, with
amendments, July 25,
1868.

Amendments
agreed to, Sept. 2, 1868.

Proclaimed Oct. 14,
1868.

Articles of agreement made and concluded this eighteenth day of Feb¬
ruary, one thousand eight hundred and sixty-seven , between the
United States , represented by Lewis V. Bogy , Commissioner of
Indian Affairs ; William H. Watson , special commissioner / Thomas
Murphy , superintendent of Indian Affairs for Kansas ; and Henry
W. Martin , United States Indian agent , duly authorized , and the
tribes of Sacs and Foxes of the Mississippi , represented by Keokuk ,
Che-kus-kuk, Uc-quaw-ho-ko, Mut-tut-tah, and Man-ah-to-wah, chiefs
of said tribes.

Cession of lands to
the United States.

Additional cession.

Payments by the
United States.

Lands ceded, when
to be at the disposal
of the United States.

Proviso.

Same subject.

Article 1. The Sacs and Foxes of the Mississippi cede to the Gov¬
ernment of the United States all the lands, with the improvements
thereon, contained in their unsold portion of their diminished reserve
defined in the first article of their treaty ratified July ninth, One thou¬
sand eight hundred and sixty, (the said tract containing about eighty -
six thousand and four hundred acres, and being more particularly
described by the survey and plats on file in the Department of the
Interior,) except as reserved in previous treaties, or in this treaty.

Article 2. The said Indians also cede to the United States a full and
complete title to the lands, with the improvements thereon, now remain¬
ing unsold in that portion of their old reservation provided by article
four of the treaty of July ninth, one thousand eight hundred and sixty,
to be sold by the Government for their benefit, the cession herein made
being subject to the exceptions defined in this treaty.

Article 3. The United States agree to pay to the Sac and F ox Indians,
parties to this treaty, at the rate of one dollar an acre for the whole of
the land ceded in the two preceding sections, being about one hundred
and fifty-seven thousand acyes of land, less the amount of land set apart
for individuals; and further agree to pay the outstanding indebtedness
of the said tribe, now represented by scrip issued under the provisions
of previous treaties, and amounting, on the first of November, eighteen
hundred and sixty -five, to twenty-six thousand five hundred and sev¬
enty-four dollars, besides the interest thereon; out of the proceeds of
the sale of lands ceded in this treaty, and the amount herein provided
to be paid to said Indians, after deducting such sums as, under the
provisions of this treaty, are to be expended for their removal, sub¬
sistence, and establishing them in their new country, shall be added to
their invested funds, and five per cent, interest paid thereon in the same
manner as the interest of their present funds is now paid.

Article 4. At any time after the ratification of this treaty, the lands
ceded in the first article shall be held and considered at the disposal of
the United States, except that, until the time for the removal of the
Indians is fixed by public notice, under the provisions of this treaty,
no interference shall be made with the rights of the Indians as the
occupants of the lands, but they shall remain in all respects without
molestation, in the same manner as if this treaty had not been made:
And provided further. That inasmuch as there are valuable improve¬
ments upon said reservation, such improvements shall be appraised
under the direction of the Secretary of the Interior, and the appraised
value of the same shall be paid to the United States, before title is given
to any individual or corporation for the lands upon which such improve¬
ments are situated.

Article 5. The lands ceded in the second article of this treaty,
being the unsold remainder of the lands provided in the fourth article
of the treaty of July ninth, one thousand eight hundred and sixty, to
be sold in trust for said Indians, shall, immediately upon the ratifica¬
tion of this treaty, become the property of the United States, and
shall be open to entry and settlement, and the lands in the second arti-

TREATY WITH THE SAUK AND FOXES, 1867.

733

€le ceded, as well as those ceded in the first article, shall be subject to
all the laws and regulations of the General Land-Office the same as
other public lands, except as relates to the provisions in the next pre¬
ceding article relating to the time when they shall be open for settle¬
ment, and the requirement of payment for the improvements; and
should there be any improvements upon the land ceded in the second
article, they shall be appraised, and payment shall be required therefor:
Provided , That such lands shall be subject to sale, in tracts of not
exceeding one hundred and sixty acres to any one person, and at a
price not less than one dollar and fifty cents per acre.

Article 6. The United States agree, in consideration of the
improvements upon the said reservation, to give to the Sacs and Foxes
for their future home a tract of land in the Indian country south of
Kansas, and south of the Cherokee lands, not exceeding seven hundred
and fifty square miles in extent. The selection of such new reservation
shall be made under the direction of the Secretary of the Interior, and
with his approval, by commissioners appointed by the said Secretary,
who shall visit the Indian country, with delegations from all the tribes
proposing to remove thereto, as soon as practicable after the ratifica¬
tion of this treaty; and said reservation shall be surveyed as to its
exterior lines, at the cost of the United States, under the direction of
the Commissioner of Indian Affairs, not to exceed three thousand dol¬
lars: Provided , That if it shall be found impracticable to select a suit¬
able home for the tribe except by purchase from the Cherokees, the
United States will pay toward the said purchase the same amount that
would have been payable to the Creeks if the reservation had been
selected upon the former Creek lands; and in that case the balance of
the money payable to the Cherokees shall be deducted from the amount
due the Sacs and Foxes under this treaty. .

Article 7. As soon as practicable after the selection of the new
reservation herein provided for, there shall be erected thereon, at the
cost of the United States, a dwelling-house for the agent of the tribe,
a house and shop for a blacksmith, and dwelling-house for a physician,
the aggregate cost of which shall not exceed ten thousand dollars; and
also, at the expense of the tribe, five dwelling-houses for the chiefs, to
cost in all not more than five thousand dollars.

As soon as practicable after such selection of a reservation as it may,
in the discretion of the Secretary of the Interior, be deemed advisable
for the Indians to remove thereto, regard being had to the proper sea¬
son of the year for such removal, notice shall be given to their agent,
directing such removal; and whenever such time shall be fixed, public
notice thereof shall be given in three leading newspapers of Kansas, and
thereafter the land ceded to the United States by the first article of
this treaty, shall be open to entry and settlement under the provisions
of the fourth article.

Article 8. No part of the invested funds of the tribe, or of any
moneys which may be due to them under the provisions of previous
treaties, nor of any moneys provided to be paid to them by this treaty,
shall be used in payment of any claims against the tribe accruing pre¬
vious to the ratification of this treaty unless herein expressly pro¬
vided for.

Article 9. In order to promote the civilization of the tribe, one
section of land, convenient to the residence of the agent, shall be
selected by said agent, with the approval of the Commissioner of Indian
Affairs, and set apart for a manual-labor school; and there shall also
be set apart, from the money to be paid to the tribe 'under this treaty,
the sum of ten thousand dollars for the erection of the necessary school-
buildings and dwelling for teacher, and the annual amount of five
thousand dollars shall beset apart from the income of their funds after
the erection of such school- buildings, for the support of the school;
and after settlement of the tribe upon their new reservation, the sum

New reservation tor
the Sacs and Foxes.

How to be selected

How surveyed.

Proviso.

Buildings to be
erected.

Removal of Indians
to new reservation.

Certain claims
against the tribe, how
to be paid.

Manual-labor
school, school build¬
ings, etc.

734

TREATY WITH THE SAUK AND FOXES, 1867.

of five thousand dollars of the income of their funds may be annually
used, under the direction of the chiefs, in the support of their national
government, out of which last-mentioned amount the sum of five
hundred dollars shall be annually paid to each of the chiefs.

Physician, medi- Article 10. The United States agree to pay annually, for five years
cmes, tobacco, and after the removal of the tribe, the sum of fifteen hundred dollars for
the support of a physician and purchase of medicines, and also the sum
of three hundred and fifty dollars annually for the same time, in order
that the tribe may provide itself with tobacco and salt.
certatn^ersons1114 t0 Article 11. In consideration of certain improvements made by John
Goodell upon the lands of the nation within their present reservation,
and of his services as their interpreter, he shall be allowed to select
therefrom a half section of land; and it is further provided that of
said land, Sarah A. Whistler and Pash-e-ca-cah, or Amelia Mitchell,
shall each be allowed to select a half section of land, the latter selec¬
tion to include the house in which she lives; and Julia A. Goodell one
quarter section, besides the land, not exceeding eight acres, upon
which her house and improvements are situated; and Mary A. Means
one quarter section, to includ[e] the improvements occupied by her;
and there shall also be allowed to Antoine Gokey and W illiam Avery,
each one hundred and sixty acres, to Leo Whistler and Gertrude
Whistler, each three hundred and twenty acres, and to James Thorpe,
Virginia Thorpe, and Cassandra Thorpe, Thomas J. Miles, Hattie Miles,
Ema-Ke-O-Kuck, Hannie Ke-O-Kuck, Mo-Co-P-quah, each eighty
acres; Man-a-tah, Pah-me-che-kaw-paw, Henry Jones, Wilson McKin¬
ney, and Carrie C. Capper, each one hundred and sixty acres, to be
selected from unimproved lands: Provided , That the parties herein
named shall pay to the Secretary of the Interior, within three months
after the ratification of this treaty, the sum of one dollar per acre for
said lands, the avails of which shall be used for the benefit of the Sacs
and Foxes in the same manner as the other funds arising from the
sales of their lands: Provided also , That George Powers, the present
Government interpreter, for valuable services rendered and uniform
kindness toward the nation, shall have patented to him, in fee-simple,
three hundred and twenty acres of land, to be located by the agent:
Provided also , That they may select from land upon which improve¬
ments exist, by paying the appraised value of such improvements;
but no selection shall include the agency, mission, or mill buildings;
and upon the approval by the Secretary of the Interior of such selec
tions, and on payment therefor as hereinbefore provided, patents in
fee-simple shall be issued to the respective parties, their heirs or
assigns.

Lana to Samuel Article 12. In consideration of the faithful services of Samuel
Black' Black in protecting their houses and timber from trespass and depre¬

dation, there shall be patented to him in fee-simple the tract of land
upon which he lives, being the west half of the northwest quarter-
section four, town [ship] seventeen, range sixteen.

Article 13. John K. Rankin, licensed traders, having erected valu¬
able building at the agency, it is agreed that [he] may have a patent for
the land, not exceeding eight acres, upon which such improvements
are built, and not to include any other improvements, on the payment
of two dollars and fifty cents per acre.

The Sauk and Foxes Article 14. The Sacs and Foxes, parties to this treaty, agree that
K!ft0curimayunite the Sacs and Foxes of Missouri, if they shall so elect, with the approval
of the Secretary of the Interior, may unite with them and become a
part of their people, upon their contributing to the common fund such
a portion of their funds as will place them on an equal footing in regard
to annuities.

a afnrsta the c 'united Article 15. The claims of the Sacs and Foxes against the United
|tetesSto be paidm e States for stealing of stock, which have heretofore been adjusted.

TREATY WITH THE SAUK AND FOXES, 3867.

735

amounting to sixteen thousand four hundred dollars, shall be paid by
the United States, and the amount disbursed and expended for the bene¬
fit of the tribe in such objects for their improvement and comfort upon
the new reservation as the chiefs, through their agent, shall desire; and
whereas the Indians claim that one full payment due under previous
treaty has never been made to them, it is agreed that a careful exami¬
nation of the books of the Commissioner of Indian Affairs shall be made,
and if any sum is found to be still due and unpaid, the same shall be
paid to them per capita in the same manner as their annuities are paid.

Article 16. The United States will advance to the said tribe of
Indians the sum of twenty thousand dollars, or so much thereof as may
be necessary, to pay the expenses of their subsistence for the first year
after their arrival at their new home in the Indian country, and to pay
the necessary expenses of removal, and furnish necessary rations for
the journey during such removal; said removal to be made under direc¬
tion of the superintendent or agent, to be designated by the Secretary
of the Interior; the moneys thus expended to be deducted from the
whole amount provided to be paid for their lands herein ceded.

Article 17. It is hereby provided that the half-breeds and full-bloods
of the tribe, who were entitled to selections of land under the Sac and
Fox treaty, ratified July ninth, one thousand eight hundred and sixty,
and which selections have been approved by the Secretar}r of the Inte¬
rior, shall be entitled to patents in fee-simple for the lands heretofore
selected, according to the schedule annexed to this treaty: Provided ,
That where such selections have been made and the allottees have sold
their lands for a valuable consideration, not less than one dollar and
twenty -five cents per acre, the Secretary of the Interior shall, upon full
proof being made, cause patents to issue to the purchasers or their
assigns.

Article 18. All sales hereafter made by or on behalf of persons to
whom lands are assigned in this treaty shall receive the approval of
the Secretary of the Interior before taking effect in conveying titles
to lands so sold.

Article 19. The United States agree to pay the expenses of nego¬
tiating this treaty, not to exceed the sum of fifteen hundred dollars.

Article 20. The chiefs and head-men of the Sacs and Foxes having
permitted their employees to cultivate farms, which, together with
the farms of Ke-o-kuck and other chiefs, are embraced within an area
two miles by four, and the said Sacs and Foxes believing that the
lands comprising the said area having been made valuable by reason
of said occupancy, and in order that they may receive a fair compen¬
sation for said area of land, bounded and described as follows, except
as heretofore specially excepted, and the mill and mission building,
to wit: commencing at the northwest corner of section thirty -three,
township sixteen, range seventeen, thence east two and a quarter (2U
miles to the reservation line; thence south along said line four miles;
thence west two and a fourth (2^) miles to the southwest corner of
section sixteen, township seventeen, range seventeen; thence north
along the section line to the place of beginning, are hereby withdrawn
from sale, as is provided for the sale of their lands in this treaty, and
the said area of land, as above described, shall be sold by the chiefs
and agent for the tribe at the best price obtainable; and they are
hereby empowered to make warrantee deeds for the same, subject to
the approval of the Secretary of the Interior, at not less than two
dollars per acre in addition to the appraised value of the improve¬
ments. The avails of said lands shall be expended by the agent, under
the direction of the chiefs, for the benefit of the nation.

Article 21. The Sacs and Foxes of the Mississippi, parties to this
agreement, being anxious that all the members of their tribe shall
participate in the advantages to be derived from the investment of

Advance to the In¬
dians for subsistence
and removal.

Patents for lands
heretofore selected
and approved.

Sales of land to be
approved, etc.

Expenses of treaty,.

Provisions as to cul¬
tivated farms.

Absent members of
the tribe to be notified
of this treaty, etc.

736

TEEATY WITH THE SAUK AND FOXES, 1867.

their national funds, sales of lands, and so forth, it is therefore agreed
that, as soon as practicable, the Commissioner of Indian Affairs shall
cause the necessary proceedings to be adopted, to have such members
of the tribe as may be absent notified of this agreement and its advan¬
tages, and to induce them to come in and permanently unite with their
brethren; and that no part of the funds arising from or due the nation
under this or previous treaty stipulations shall be paid to any bands
or parts of bands who do not permanently reside on the reservation
set apart to them by the Government in the Indian Territory, as pro¬
vided in this treaty, except those residing in the State of Iowa; and it
is further agreed that all money accruing from this or former tribes,
[treaties,] now due or to become due said nation, shall be paid them
on their reservation in Kansas; and after their removal, as provided
in this treaty, payments shall be made at their agency, on their lands
as then located.

schedule annexed, of Sac and Fox l(mds sdected for individuals referred to in Article
XVII of the above treaty , selected by Perry Fuller , agent.

Names of persons.

Description of land.

Section.] Townfship.]

Range.

Alvira Connolly _

_ S.iNW.i ...

Alvira Connolty _

_ SW. i _

Alvira Connolly _ _

_ N.'i NW. i ___

Alexander Connolly _

----- E. i _

Cordelia Connolly _

----- E.i _

- 35

Isaac Good ell _

_ W.i _

Kish-Kah-Iwah _

----- s.i -

- 16

Mary I. Thorp _

----- E. i _

- 12

Hiram P, Thorp _

E.i -

Francis A. Thorp _

_ W.i _

Amelia McPherson _ _ _

_ W.i _

Sarah A. Whistler _

_ SW.i _

. 34

Sarah A. Whistler _

_ SW.iSW.i--

. 35

Sarah A. Whistler _

_ W. i NW. i

Sarah A. Whistler _

_ NW. i SW. i .

Julia A. Goodell _

N.i -

- 21

Susan J. Goodell _

E. i

John Goodell, jr _

----- E.i -

- 17

Jane Goodell _

_ NE.i _

_ 10

Jane Goodell _ _ _

_ NW.iNW.i_

. 10

Jane Goodell- _

_ E. i NW. i . . .

. 10

Jane Goodell _ _

_ NW. i NW. i_

. 11

Mary A. Byington _

_ E. i NE. i -

Mary A. Bvington _

_ E. i SE. i _

Mary A. Byington - _ _

_ W.iSW.i---

T 10

Mary A. Byington . _ _

_ “SW.iNW.i-

. 10

Mary A. Byington _ _

_ NE.iNE.i--

- 16

Margaret Miles _ _

_ W.i _

Thomas J. Connolly _

_ SW.iSE.i-_

Thomas J. Connolly _

_ SE.iNE.i--_

. 16

Thomas J. Connolly _ _

_ W.i NE.i-_-

- 16

Thomas J. Connolly _

_ NW. i _

- 16

Charles T. Connolly _

_ E. i NW. i - - _

Charles T. Connolly _

_ W.i NE.i--.

Charles T. Connolly _

_ NW.iSE.i-.

Charles T. Connolly _

_ SE.iSW.i_-

Charles T. Connolly .

_ S.iSW.i--.-

737

TREATY WITH THE SIOUX— SISSETON AND WAHPETON BANDS, 1867.

The following were selected by O. C. Hutchinson:

Description. Sec[tion.] Town[ship.] Range.

Kaw-Kol-we-nah _

----- E.i _

George Powers _

_ NE.i _

George Powers _

_ S.*NW.±___.

George Powers.

- N. \ SW. i _

Joseph Gokey _

_ W. i SE. i _

Joseph Gokey . _ _ . _ .

_ N.*NW.i___.

Joseph Gokey _

_ SW.INW.I_.

J oseph Gokey . _ _ _

_ NW.iNE.I-__

Joseph Gokey _

_ W.iSE.I ...

Met-tach-ah-pack-o tah

- E. i _

Mack-oh-tach-o-quit _

_ w. i _ ;

TREATY WITH THE SIOUX— SISSETON AND WAHPETON BANDS,
1867.

Whereas it is understood that a portion of the Sissiton and Warpeton
bands of Santee Sioux Indians, numbering from twelve hundred to fif¬
teen hundred persons, not only preserved their obligations to the Gov¬
ernment of the United States, during and since the outbreak of the
Medewakantons and other bands of Sioux in 1862, but freely perilled
their lives during that outbreak to rescue the residents on the Sioux
reservation, and to obtai n possession of white women and children made
captives by the hostile bands; and that another portion of said Sissiton
and Warpeton bands, numbering from one thousand to twelve hundred
persons, who did not participate in the massacre of the whites in 1862,
fearing the indiscriminate vengeance of the whites, fled to the great
prairies of the Northwest, where they still remain; and

Whereas Congress, in confiscating the Sioux annuities and reserva¬
tions, made no provision for the support of these, the friendly portion
of the Sissiton and Warpeton bands, and it is believed [that] they
have been suffered to remain homeless wanderers, frequently subject
to intense suffering from want of subsistence and clothing to protect
them from the rigors of a high northern latitude, although at all times
prompt in rendering service when called upon to repel hostile raids
and to punish depredations committed by hostile Indians upon the
persons and property of the whites; and

Whereas the several subdivisions of the friendly Sissitons and
Warpeton .bands ask, through their representatives, that their adher¬
ence to their former obligations of friendship to the Government and
people of the United States be recognized, and that provision be made
to enable them to return to an agricultural life and be relieved from a
dependence upon the chase for a precarious subsistence: Therefore,

A treaty has been made and entered into, at Washington City, Dis¬
trict of Columbia, this nineteenth day of February, A. D. 1867, by
and between Lewis V. Bogy, Commissioner of Indian Affairs, and
William H. Watson, commissioners, on the part of the United States,
and the undersigned chiefs and head-men of the Sissiton and Warpe¬
ton bands of Dakota or Sioux Indians, as follows, to wit:

Article 1. The Sissiton and Warpeton bands of Dakota Sioux
Indians, represented in council, will continue their friendly relations
with the Government and people of the United States, and bind them¬
selves individually and collectively to use their influence to the extent
of their ability to prevent other bands of Dakota or other adjacent
tribes from making hostile demonstrations against the Government or
people of the United States.

S. Doc. 452 - 47

Feb. 19, 1867.

15 Stats., 505.

Ratified, with
amendments, April
15, 1867.

Amendments agreed
to, April 22, 1867.

Proclaimed May 2,
1867.

Preamble.

Contracting parties.

Friendly relations.

738

Cession of rights to
construct wagon
roads, railroads, mail
stations, and tele¬
graph lines.

Boundaries.

Permanent reserva¬
tion set apart.

Boundaries.

Reservation.

Boundaries.

Reservations to be
apportioned in tracts
of 160 acres, to, etc.

Tracts to conform to
legal subdivisions.

Patents; when to is¬
sue; effect of.

Congress will mate
appropriations to en¬
able Indians to return
to an agricultural life,
etc.

TREATY WITH THE SIOUX - SISSETON AND WAHPETON BANDS, 1867.

Article 2. The said bands hereby cede to the United States the
right to construct wagon-roads, railroads, mail stations, telegraph
lines, and such other public improvements as the interest of the Gov¬
ernment may require, over and across the lands claimed by said bands,
(including their reservation as hereinafter designated) over any route
or routes that that may be selected by the authority of the Govern¬
ment, said lands so claimed being bounded on the south and east by
the treaty-line of 1851, and the Red River of the North to the moutK
of Goose River; on the north by the Goose River and a line running
from the source thereof by the most westerly point of Devil’s Lake to
the Chief’s Bluff at the head of James River, and on the west by the
James River to the mouth of Mocasin River, and thence to Kampeska
Lake.

Article 3. For and in consideration of the cession above mentioned,
and in consideration of the faithful and important services said to have
been rendered by the friendly bands of Sissitons and Warpetons
Sioux here represented, and also in consideration of the confiscation
of all their annuities, reservations, and improvements, it is agreed that
there shall be set apart for the members of said bands who have here¬
tofore surrendered to the authorities of the Government, and were not
sent to the Crow Creek reservation, and for the members of said bands
who were released from prison in 1866, the following-described lands
as a permanent reservation, viz:

Beginning at the head of Lake Travers[e], and thence along the
treaty-line of the treaty of 1851 to Kampeska Lake; thence in a direct
line to Reipan or the northeast point of the Coteau des Prairie[s], and
thence passing north of Skunk Lake, on the most direct line to the foot
of Lake Traverse, and thence along the treaty-line of 1851 to the place
of beginning.

Article 4. It is further agreed that a reservation be set apart for
all other members of said bands who were not sent to the Crow Creek
reservation, and also for the Cut-Head bands of Yanktonais Sioux, a
reservation bounded as follows, viz:

Beginning at the most easterly point of Devil’s Lake; thence along
the waters of said lake to the most westerly point of the same; thence
on a direct line to the nearest point on the Cheyenne River; thence
down said river to a point opposite the lower end of Aspen Island, and
thence on a direct line to the place of beginning.

Article 5. The said reservations shall be apportioned in tracts of
(160) one hundred and sixty acres to each head of a family or single
person over the age of (21) twenty-one years, belonging to said bands
and entitled to locate thereon, who may desire to locate permanently
and cultivate the soil as a means of subsistence: each (160) one hundred
and sixty acres so allotted to be made to conform to the legal subdi¬
visions of the Government surveys when such surveys shall have been
made; and every person to whom lands may be allotted under the pro¬
visions of this article, who shall occupy and cultivate a portion thereof
for five consecutive years shall thereafter be entitled to receive a
patent for the same so soon as he shall have fifty acres of said tract
fenced, ploughed, and in crop: Provided , [That] said patent shall not
authorize any transfer of said lands, or portions thereof, except to the
United States, but said lands and the improvements thereon shall
descend to the proper heirs of the persons obtaining a patent.

Article 6. And, further, in consideration of the destitution of said
bands of Sissiton and Warpeton Sioux, parties hereto, resulting from
the confiscation of their annuities and improvements, it is agreed that
Congress will, in its own discretion, from time to time make such
appropriations as may be deemed requisite to enable said Indians to
return to an agricultural life under the system in operation on the
Sioux reservation in 1862; including, if thought advisable, the estab-

TREATY WITH THE SIOUX - SISSETON AND WAHPETON BANDS, 1867.

739

lishment and support of local and manual-labor schools; the employ¬
ment of agricultural, mechanical, and other teachers; the opening and
improvement of individual farms; and generally such objects as Con¬
gress in its wisdom shall deem necessary to promote the agricultural
improvement and civilization of said bands.

Article 7. An agent shall be appointed for said bands, who shall be Agente-
located at Lake Traverse; and whenever there shall be five hundred
(500) persons of said bands permanently located upon the Devil’s Lake
reservation there shall be an agent or other competent person
appointed to superintend at that place the agricultural, educational,
and mechanical interests of said bands.

Article 8. All expenditures under the provisions of this treaty ExPendltures-
shall be made for the agricultural improvement and civilization of the
members of said bands authorized to locate upon the respective reser¬
vations, as hereinbefore specified, in such manner as may be directed
by law; but no goods, provisions, groceries, or other articles — except etS?not toPbeVSiued
materials for the erection of houses and articles to facilitate the opera- to Indians, etc., unless,
tions of agriculture — shall be issued to Indians or mixed-bloods on
either reservation unless it be in payment for labor performed or for
produce delivered: Provided , That, when persons located on either Proviso,
reservation, by reason of age, sickness, or deformity, are unable to
labor, the agent may issue clothing and subsistence to such persons
from such supplies as may be provided for said bands.

Article 9. The withdrawal of the Indians from all dependence upon f0f
the chase as a means of subsistence being necessary to the adoption of
civilized habits among them, it is desirable that no encouragement be
afforded them to continue their hunting operations as means of sup¬
port, and, therefore, it is agreed that no person will be authorized to
trade for furs or peltries within the limits of the land claimed by said
bands, as specified in the second article of this treaty, it being con¬
templated that the Indians will rely solely upon agricultural and
mechanical labor for subsistence, and that the agent will supply the
Indians and mixed-bloods on the respective reservations with clothing,
provisions, &c. , as set forth in article eight, so soon as the same shall
be provided for that purpose. And it is further agreed that no person Members of bands
not a member of said bands, parties hereto whether white, mixed- locate onC&^te‘’ to
blood, or Indian, except persons in the employ of the Government or
located under its authority, shall be permitted to locate upon said
lands, either for hunting, trapping, or agricultural purposes.

Article 10. The chiefs and head-men located upon either of the m£Mefs and ^ head-
reservations set apart for said bands are authorized to adopt such rules, men may a op ra es‘
regulations, or laws for the security of life and property, the advance¬
ment of civilization, and the agricultural prosperity of the members
of said bands upon the respective reservations, and shall have authority,
under the direction of the agent, and without expense to the Govern¬
ment, to organize a force sufficient to carry out all such rules, regu¬
lations, or laws, and all rules and regulations for the government of
said Indians, as may be prescribed by the Interior Department: Pro¬
vided, That all rules, regulations, or laws adopted or amended by the
chiefs and head-men on either reservation shall receive the sanction of
the agent.

740

TREATY WITH SENECA, ETC., 1867.

TREATY WITH SENECA, MIXED SENECA AND SHAWNEE.
QTJAPAW, ETC., 1867.

Feb. 28, 1867.

15 Stats., 513.

Ratified, with
amendments, June 18,
1868.

Amendments ac¬
cepted Sept. 1, 7, 8, and
15, 1868.

Proclaimed Oct. 14,
1868.

Articles of agreement , concluded at Washington , D. C., the twenty -
third day of February , one thousand eight hundred and sixty-seven ,
between the United States , represented by Lewis V. Bogy , Commis¬
sioner of Indian A fairs, W. IT. Watson , special commissioner ,
Thom as Murphy , superintendent of Indian affairs , George O. Snow,
and G. A. Colton , 7/. N. Indian agents , duly authorized , J

Senecas , represented by George Spicer and John Mush ; the Mixed
Senecas and Shawnees , Whitetree , JA/m Young , am,d Lewis

Davis; the Quapaws , $. 6r. Yallier and Ka-zhe-cah; the Confed¬

erated Peorias , Kaskaskias , IU«.s, Piankeshaws , fo/ Baptiste
Peoria , JoAn Mitchell , Edward Black; the Miamies , Thomas

Metosenyah and Thomas Richardville , anJ the Ottawas of Blan-
chardis Fork and Poche de Bceuf by John White and J. T. Jones ,
ant/ including certain Wyandott[e\s , represented by Tauromse , or
Jb/m Afotf, nnS Jo/m Karaho.

preamble. Whereas it is desirable that arrangements should be made by which

portions of certain tribes, parties hereto, now residing in Kansas,
should be enabled to remove to other lands in the Indian country

Cession of lands to
the United States by
the Seneca.

Further cession.

Cession of lands to
the United States by
the Shawnee.

south of that State, while other portions of said tribes desire to dis¬
solve their tribal relations, and become citizens; and whereas it is
necessary to provide certain tribes, parties hereto, now residing in the
Indian country, with means of rebuilding their houses, re-opening
their farms, and supporting their families, they having been driven
from their reservations early in the late war, and suffered greatly for
several years, and being willing to sell a portion of their lands to pro¬
cure such relief; and whereas a portion of the Wyandottes, parties to
the treaty of one thousand eight hundred and fifty -five, although tak¬
ing lands in severalty, have sold said lands, and are still poor, and
have not been compelled to become citizens, but have remained with
out clearly recognized organization, while others who did become citi
zens are unfitted for the responsibilities of citizenship; and whereas
the Wyandottes, treated with in eighteen hundred and fifty -five, have
just claims against the Government, which will enable the portion of
their people herein referred to to begin anew a tribal existence:
Therefore it is agreed;

Article 1. Tne Senecas cede to the United States a strip of land
on the north side of their present reservation in the Indian country;
the land so ceded to be bounded on the east by the State of Missouri,
on the north by the north line of the reservation, on the west by the
Neosho River, and running south for the necessary distance, to con¬
tain twenty thousand acres; for which the Government is to pay
twenty thousand dollars upon the ratification of this treaty; the south
line of said tract to be ascertained by survey, at the cost of the United
States.

Article 2. The Senecas now confederated with the Shawnees, and
owning an undivided half of a reservation in the Indian country imme¬
diately north of the Seneca reservation mentioned in the preceding
article, cede to the United States one-half of said Seneca and Shawnee
reserve, which it is mutually agreed shall be the north half, bounded
on the east by the State of Missouri, north by the Quapaw reserve,
west by the Neosho River, and south by an east and west line bisect¬
ing the present Seneca and Shawnee reserve into equal parts, the said
line to be determined by surve}^, at the expense of the United States;
for which tract of land, estimated to contain about thirty thousand
acres, the United States will pay the sum of twenty-four thousand
dollars.

Article 3. The Shawnees, heretofore confederated with the Sene¬
cas, cede to the United States that portion of their remaining lands,

TREATY WITH SENECA, ETC., 1867.

741

bounded as follows, beginning at a point where Spring River crosses
the south line of the tract in the second article ceded to the United
States, thence down said river to the south line of the Shawnee reserve,
thence west to the Neosho River, thence up said river to the south
line of the tract ceded in the second article, and thence east to the
place of beginning; supposed to contain about twelve thousand acres,
the area to be ascertained by survey, at the expense of the United
States; the United States to pay for the same at the rate of one dollar
per acre, as soon as the area shall be ascertained.

Article 4. The Quapaws cede to the United States that portion of BytheQuapaw.
their land lying in the State of Kansas, being a strip of land on the
north line of their reservation, about one half mile in width, and con¬
taining about twelve sections in all, excepting therefrom one half sec¬
tion to be patented to Samuel G. Vallier, including his improvements.

Also the further tract within their present reserve, bounded as follows:

Beginning at a point in the Neosho River where the south line of the
Quapaw reserve strikes that stream, thence east three miles, thence
north to the Kansas boundary-line, thence west on said line to the
Neosho River, thence down said river to the place of beginning; and
the United States will pay to the Quapaws for the half-mile strip lying
in Kansas at the rate of one dollar and twenty-five cents per acre, when¬
ever the area of the same shall be ascertained; and for the other tract
described in this article at the rate of one dollar and fifteen cents per
acre, whenever the area of the same shall be ascertained by survey, said
survey to be made at the cost of the tribe to which said tract is herein
provided to be sold under the pre-emption laws of the United States;
but all such pre-emption shall be paid in the money of the United
States, at the proper land-office, within one year from the date of entry
and settlement.

PROVISIONS RELATING TO THE SENECAS.

Article 5. The Senecas now confederated with the Shawnees, the said fr®m the shawneerate
Shawnees thereto consenting, agree to dissolve their connection with
the said Shawnees, and to unite with the Senecas, parties to the treaty
of February twenty-eighth, one thousand eight hundred and thirty-one,
upon their" reservation described in article second of said treaty; and
the several bands of Senecas will unite their funds into one common fund
for the benefit of the whole tribe; and an equitable division shall be
made of all funds or annuities now held in common by the Senecas and
Shawnees.

Article 6. Of the sum of twenty-four thousand dollars to be paid Seneca!ents
to the Senecas, as provided in the second article, the sum of four thou¬
sand dollars shall be paid to them immediately after the ratification of
this treatv, to enable them to re-establish their homes and provide
themselves with agricultural implements, seed, and provisions for
themselves and their families; and the balance of the said first-men¬
tioned sum, being twenty thousand dollars, shall be consolidated with
the twenty thousand dollars in the first article provided to be paid, and
invested for the tribe of Senecas, as constituted by this treaty, at five
per cent, interest, to be paid per capita semi-annually; and their annu¬
ity of five hundred dollars in specie, provided by article four of the
treaty of September twenty-ninth, one thousand eight hundred and
seventeen, shall likewise become the property of the tribe.

Article 7. The amount annually due the Senecas under the pro- /nora^;

visions of article four of the treaty of February twenty-eight, one culture,
thousand eight hundred and thirty-one, for blacksmith, after their
separation from the Shawnees, shall be annually paid to them as a
national fund, to enable them to purchase such articles for their wants
and improvements in agriculture as the chiefs, with the consent of their
agent, may designate; and this provision shall apply also to the fund
for support of a miller belonging to the Senecas heretofore occupying

742

TKEATY WITH SENECA, ETC., 1866.

Payments to the
Shawnee.

Payment to the
Quapaw.

School fund.

Aid in agriculture.

Claims for losses by
the war.

Commission to in¬
vestigate claims.

the southernmost reserve referred to in this treaty; and there shall be
added to the said fund whatever amount belonging to either band of the
Senecas shall be found due and unpaid upon an examination of their
accounts with the Government, and particularly the amount of bonds
and stocks invested in their name; and the interest thereon shall be
annually paid to the said Senecas for the purposes mentioned in this
article.

PROVISIONS RELATING TO THE SHAWNEES.

Article 8. Of the amount in the third article provided to be paid
to the Shawnees by the United States for the lands therein ceded, the
sum of two thousand dollars shall be advanced to them to be used in
establishing their homes, and the balance of the said amount shall be
invested for the said tribe, under the name of Eastern Shawnees, and
five per cent, be paid semi-annually thereon; and the amount due and
unpaid upon the bonds or stocks invested in their name shall be paid
to them, as well as the interest thereon hereafter to become due, to be
used under the direction of the chiefs, with the consent of the agent,
for the purchase of agricultural implements or other articles necessary
for the general welfare of the people; and the one-half of the black¬
smith fund remaining after the division to be made with the Senecas
provided for in article five shall remain devoted to the same purpose,
and the Government will add thereto the sum of five hundred dollars
annually for five years.

PROVISIONS RELATING TO THE QUAPAWS.

Article 9. Of the amount to be paid to the Quapaws for the lands
ceded by them in the fourth article of this treaty, the sum of five
thousand dollars shall be paid to them upon the ratification of this
treaty, to assist them in re-establishing themselves at their homes
upon their remaining reservation; and the balance of said amount shall
be invested as a permanent fund at five per cent, interest, payable per
capita, semi-annually.

Article 10. If the Osage mission school should be closed, so that
the school fund of the Quapaws cannot be used for them to advantage
at that institution, the said fund shall remain in the Treasury of the
United States until such time as it can, under the direction of the Sec¬
retary of the Interior, with the consent of the chiefs, be used to advan¬
tage in establishing a school upon their reservation.

Article. 11. The amount now due and unpaid for a farmer, under
the provisions of the third article of their treaty of May thirteen one
thousand eight hundred and thirty -eight [three], may be used by the
chiefs and council for the purchase of provisions, farming-implements,
seed, and otherwise for the purpose of assisting the people in agricul¬
ture; and their annual income now paid for farmer shall hereafter be
set apart for the purposes of assistance and improvement in agri¬
culture.

CLAIMS FOR LOSSES BY THE WAR.

Article 12. Whereas the aforesaid Senecas, Mixed Senecas and
Shawnees, and Quapaws were driven from their homes during the late
war, and their property destroyed, it is agreed that a commission of
not to exceed two persons shall be appointed by the Secretary of the
Interior, who shall proceed to their country and make careful investi¬
gation of their claims for losses, and make full report of the same to
the Department; and the Secretary of the Interior shall report the
same to Congress.

TREATY WITH SENECA, ETC., 1867.

PROVISIONS IN RELATION TO THE WYANDOTTES.

Article 13. The United States will set apart for the Wyandottes
for their future home the land ceded by the Senecas in the first article
hereof, and described in said article, to be owned by the said Wyan¬
dottes in common; and the Secretary of the Interior is hereby author¬
ized and required to appoint three persons whose duty it shall be
to ascertain and report to the Department the amount of money, if
any, due by the United States to the Wyandott[e] Indians under exist¬
ing1 treaty stipulations, and the items mentioned in Schedule A, ap¬
pended to this treaty , and the report of the persons so appointed, with
the evidence taken, shall be submitted to Congress for action at its
next session. A register of the whole people, resident in Kansas and
elsewhere, shall be taken by the agent of the Delawares, under the
direction of the Secretary of the Interior, on or before the first of
July, one thousand eight hundred and sixty-seven, which shall show
the names of all who declare their desire to be and remain Indians, and
in a tribal condition, together with incompetents and orphans, as
described in the treaty of one thousand eight hundred and fifty-five;
and all such persons, and those only, shall hereafter constitute the
tribe: Provided , That no one who has heretofore consented to become
a citizen, nor the wife or children of any such person, shall be allowed
to become members of the tribe, except by the free consent of the tribe
after its new organization, and unless the agent shall certify that such
party is, through poverty or incapacity, unfit to continue in the exer¬
cise of the responsibilities of citizenship of the United States, and likely
to become a public charge.

Article 14. Whenever the register in the next preceding article
shall have been completed and returned to the Commissioner of Indian
Affairs, the amount of money in said article acknowledged to be due
to the W yandott[e]s shall be divided, and that portion equitably due to
the citizens of said people shall be paid to them or their heirs, under
the direction of the Secretary of the Interior; and the balance, after
deducting the cost of the land purchased from the Senecas by the
first article hereof, and the sum of five thousand dollars to enable the
Wyandott[e]s to establish themselves in their new homes, shall be paid
to the Wyandott[e] tribe per capita.

Article 15. All restrictions upon the sale of lands assigned and
patented to “incompetent” Wyandott[e]s under the fourth article of
the treaty of one thousand eight hundred and fifty-five, shall be
removed after the ratification of this treaty, but no sale of lands here¬
tofore assigned to orphans or incompetents shall be made, under decree
of any court, or otherwise, for or on account of any claim, judgment,
execution, or order, or for taxes, until voluntarily sold by the pat¬
entee or his or her heirs, with the approval of the Secretary of the
Interior; and whereas many sales of land belonging to this class have
heretofore been made, contrary to the spirit and intent of the treaty
of one thousand eight hundred and fifty -five, it is agreed that a thor¬
ough examination and report shall be made, under direction of the
Secretary of the Interior, in order to ascertain the facts relating to
all such cases, and, upon a full examination of such report, and hear¬
ing of the parties interested, the said Secretary may confirm the said
sales, or require an additional amount to be paid, or declare such sales
entirely void, as the very right of the several cases may require.

PROVISIONS RELATING TO THE OTTAWAS.

Article 16. The west part of the Shawnee reservation, ceded to
the United States by the third article, is hereby1 sold to the Ottawas,
at one dollar per acre; and for the purpose of pajdng for said reser¬
vation the United States shall take the necessary amount, whenever

743

Lands set apart for
the Wyandot.

Payment.

Who to constitute
the tribe.

Proviso.

Upon completion of
register amount to be
divided.

Remainder, how to
be applied.

Certain restrictions
upon sales of lands
removed.

Sale of land to the
Ottawa.

Payment.

744

TEEATY WITH SENECA, ETC., 1866.

Provisions of former
treaty as to members
of the tribe becoming
citizens extended.

Payment to individ¬
uals for losses.

Education and
schools.

Sale of lands to Ot¬
tawa University. .

the area of such land shall be found by actual survey, from the funds
in the hands of the Government arising from the sale of the Ottawa
trust-lands, as provided in the ninth article of the treaty of one
thousand eight hundred and sixty-two, and the balance of said fund,
after the payment of accounts provided for in article five of the
treaty of one thousand eight hundred and sixty-two, shall be paid to
the tribe per capita.

Article 17. The provisions of the Ottawa treaty of one thousand
eight hundred and sixty -two, under which all the tribe were to become
citizens upon the sixteenth of July, one thousand eight hundred and
sixty-seven, are hereby extended for two years, or until July six¬
teenth, one thousand eight hundred and sixty-nine; but any time
previous to that date any member of the tribe may appear before the
United States district court for Kansas, and declare his intention to
become a citizen, when he shall receive a certificate of citizenship,
which shall include his family, and thereafter be disconnected with
the tribe, and shall be entitled to his proportion of the tribal fund;
and all who shall not have made such declaration previous to the
last-mentioned date shall still be considered members of the tribe.
In order to enable the tribe to dispose of their property in Kansas,
and remove to their new homes and establish themselves thereon,
patents in fee-simple shall be given to the heads of families and to all
who have come of age among the allottees under the treaties of one
thousand eight hundred and sixty-two, so that they may sell their
lands without restriction; but the said lands shall remain exempt from
taxation so long as they may be retained by members of the tribe
down to the said sixteenth of July, one thousand eight hundred and
sixty-nine; and the chiefs and council of the said tribe shall decide
in the case of disputed heirship to real estate, taking as a rule the
laws of inheritance of the State of Kansas.

Article 18. The United States agree to pay the claim of J. T. Jones,
for which a bill of appropriation has passed one of the branches of
Congress, but which has been withdrawn from before Congress, being
for destruction by fire of his dwelling and other property by whites
in one thousand eight hundred and fifty-six, shall be allowed and paid
to him, amounting to six thousand seven hundred dollars.

Article 19. The sixth article of the treaty of one thousand eight
hundred and sixty-two shall remain unchanged, except as provided
in this article. The children of the tribe between the ages of six
and eighteen (6 and 18) shall be entitled to be received at said insti¬
tution, and to be subsisted, clothed, educated, and attended in sick¬
ness, where the sickness is of such a nature that the patient promises
a return to study within a reasonable period; the children to be
taught and practised in industrial pursuits, suitable to their age and
sex, and both sexes in such branches of learning, and to receive such
advantages as the means of the institution will permit; these rights
and privileges to continue so long as any children of the tribe shall
present themselves for their exercise. And the Secretary of the Inte¬
rior and the senior corresponding secretary of the American Baptist
Home Mission Society shall be members ex officio of the board of
trustees, with power to vote in person or by proxy, it being the special
intention of this provision to furnish additional supervision of the
institution, so that the provisions of this article may be carried into
effect in their full spirit and intent.

Article 20. It is further agreed that the remaining unsold portion
of trust-lands of the Ottawas, amounting to seven thousand two hun¬
dred and twenty-one and twenty one-hundredths acres, shall be sold
to the trustees of Ottawa University, to be disposed of for the benefit
of said institution at the appraised value thereof, and that the said
trustees shall have until July sixteenth, one thousand eight hundred
and sixty-nine, to dispose of the same and pay to the Government the

TREATY WITH SENECA, ETC., 1867.

745

value of said lands: Provided , That the said trustees shall furnish,
within thirty days after the ratification of this treaty, to the Secretary
of the Interior, a satisfactory bond for the fulfilment of their obligations.

PROVISIONS RELATING TO THE PEORIAS, KASKASELAS, WEAS, AND PIAN-
KESHAWS.

Article 21. Whereas certain arrangements have been made by the
chiefs of the confederated tribes of Peorias, Kaskaskias, Weas, and
Piankeshaws, for the sale to actual settlers of the lands held by them
in common, being nine and one-half sections, for a reasonable consid¬
eration, according to the terms of a certain petition of the said tribe,
with schedule annexed, (which schedule is annexed to this treaty, and
marked “ B,”) dated December twenty-sixth, one thousand eight hun¬
dred and sixty-six, filed in the office of the Commissioner of Indian
Affairs, it is agreed that the said arrangements shall be carried into
full effect, and the purchasers thereunder shall receive patents from
the United States for the lands so purchased, upon making full pay¬
ment for the same to the Secretary of the Interior, and the amount
already paid by said purchasers, as appears from said schedule, and in
the hands of the chiefs, shall be paid to the Secretary of the Interior,
and the whole amount of the purchase-money shall also be paid to the
said Secretary on or before the first day of June, one thousand eight
hundred and sixty-seven, and shall be held by him for the benefit of
the tribe, subject to the provisions of this treaty.

Article 22. The land in the second and fourth articles of this treaty
proposed to be purchased from the Senecas and Quapaws, and lying
south of Kansas, is hereby granted and sold to the Peorias, &c. , and
shall be paid for, at the rate paid for the same by the Government,
out of the proceeds of the nine and a half sections referred to in the
last preceding article, adding thereto whatever may be necessary out
of other moneys in the hands of the United States belonging to said
Peorias, &c.

Article 23. The said Indians agree to dispose of their allotments
in Kansas and remove to their new homes in the Indian country within
two years from the ratification of this treaty; and to that end the Sec¬
retary of the Interior is authorized to remove altogether the restrictions
upon the sales of their lands, provided under authority of the third
article of the treaty of May thirtieth, one thousand eight hundred and
fifty -four, in such manner that adult Indians may sell their own lands,
and that the lands of minors and incompetents may be sold by the chiefs,
with the consent of the agent, certified to the Secretary of the Interior
and approved by him. And if there should be any allotments for
which no owner or heir thereof survives, the chiefs may convey the
same by deed, the purchase-money thereof to be applied, under the
direction of the Secretary, to the benefit of the tribe; and the guard¬
ianship of orphan children shall remain in the hands of the chiefs of
the tribe, and the said chiefs shall have the exclusive right to deter¬
mine who are members of the tribe and entitled to be placed upon the
Da. v- rolls.

Article 24. An examination shall be made of the books of the
Indian Office, and an account-current prepared, stating the condition of
their funds, and the representations of the Indians for overcharges for
sales of their lands in one thousand eight hundred and fifty-seven and
one thousand eight hundred and fifty-eight shall be examined and
reported to Congress; and in order further to assist them m preparing
for removal and in paying their debts, the further amount of twenty-
five thousand dollars shall be at the same time paid to them per
from the sum of one hundred and sixtv-nine thousand six hundred and
eighty-six dollars and seventy-five cents, invested for said Indians
under act of Congress of July twelfth, one thousand eight hundred
and sixty-two; and the balance of said sum of one hundred and sixty -

Purchasers of land
from the Peoria, etc.,
to receive patents.

Lands sold to the
Peoria, etc.

Indians to remove to
new homes within,
etc.

Amounts due the
Indians to be paid
them.

Furtherallowances.

1862, ch. 156, 12

Stat., 539.

74(5

TREATY WITH SENECA, ETC., 1867.

nine thousand six hundred and eighty-six dollars and seventy-five
cents, together with the sum of ninety-eight thousand dollars now
invested on behalf of the said Indians in State stocks of Southern
States, and the sum of three thousand seven hundred dollars, being
the balance of interest, at five per cent, per annum, on thirty-nine
thousand nine hundred and fifty dollars held by the United States,
from July, one thousand eight hundred and fifty-seven, till vested in
Kansas bonds in December, one thousand eight hundred and sixty-one,
after crediting five thousand dollars thereon heretofore receipted for
by the chiefs of said Indians, shall be and remain as the permanent
fund of the said tribe, and five percent, be paid semi-annually thereon,
per capita, to the tribe; and the interest due upon the sum of twenty -
eight thousand five hundred dollars in Kansas bonds, and upon six¬
teen thousand two hundred dollars in United States slocks, now held
for their benefit, shall be paid to the tribe semi-annually in two equal
Proviso. payments, as a permanent school-fund income: Provided , That there

shall be taken from the said invested fund and paid to the said tribe,
per capita, on the first of July, one thousand eight hundred and sixty-
eight, the sum of thirty thousand dollars, to assist them in establish¬
ing themselves upon their new homes; and at any time thereafter,
when the chiefs shall represent to the satisfaction of the Secretary
of the Interior that an additional sum is necessary, such sum may be
taken from their invested fund: And provided also , That the said
invested fund shall be subject to such division and diminution as may
be found necessary in order to pay those who may become citizens
their share of the funds of the tribe.

certain taxes to be Article 25. Whereas taxes have been levied by the authority of the
refunded. State of Kansas upon lands allotted to members of the tribe, the right

and justice of which taxation is not acknowledged by the Indians, and
on which account they have suffered great vexation and expense, and
which is now a matter in question in the Supreme Court of the United
States, it is agreed that, in case that court shall decide such taxes unlaw¬
ful, the Government will take measures to secure the refunding of said
taxes to such of the Indians as have paid them.

Miami may be Article 26. The Peorias, Kaskaskias, W eas, and Piankeshaws agree
Pe° that the Miamies may be confederated with them upon their new res¬
ervation, and own an undivided right in said reservation in proportion
to the sum paid, upon the payment by the said Miamies of an amount
which, in proportion to the number of the Miamies who shall join
them, will be equal to their share of the purchase-money in this treaty
provided to be paid for the land, and also upon the payment into the
common fund or such amount as shall make them equal in annuities to
the said Peorias, &c., the said privilege to remain open to the Miamies
two years from the ratification of this treaty.

Blacksmith’s iron Article 27. The United States agree to pay the said Indians the sum
and steel. 0f one thousand five hundred dollars per year for six years for their

blacksmith, and for necessary iron and steel and tools; in consideration
of which payment the said tribe hereby relinquish all claims for dam¬
ages and losses during the late war, and, at the end of the said six years,
any tools or materials remaining shall be the property of the tribe.

Article 28. Inasmuch as there may be those among them who may
desire to remain in Kansas and become citizens of the United States, it
is hereby provided that, within six months after the ratification of this
Register to be taken, treaty, a register shall be taken by the agent, which shall show the
names separately of all who voluntarily desire to remove, and all who
Those wishing to desire to remain and become citizens; and those who shall elect to
cSns. may become remain may appear before the judge of the United States district court
for Kansas and make declaration of their intention to become citizens,
and take the oath to support the Constitution of the United States; and
upon filing of a certificate of such declaration and oath in the office of
the Commissioner of Indian Affairs they shall be entitled to receive the
proportionate share of themselves and their children in the invested

TREATY WITH SENECA, ETC., 1867.

747

funds and other common property of the tribe; and therefrom they and
their children shall become citizens, and have no further rights in the
tribe; and all the females who are heads of families, and single women
of full age shall have the right to make such declaration and become
disconnected from the tribe.

Articles 29 to 39, inclusive. [Stricken out.]

Article 40. If any amendments shall be made to this treat}7- by the Amendments.
Senate, it shall only be necessary to submit the same for the assent of
the particular tribe or tribes interested; and should any such amend¬
ments be made, and the assent of the tribe or tribes interested not be
obtained, the remainder of the treaty not affected by such amendment
shall nevertheless take effect and be in force.

Article 41. [Stricken out.]

B. — Names of settlers , Nos. of land and price thereof, together with the amount deposited
by each settler on the ten-section reserve, in Miami County, Kansas.

Names.

Quarter.

Andrew J. Sinclair . . .
Zacheus Hays .

Randolph Boyd .

John Nichols and
William Gray.

John Martin .

Same.. .

David H. Banta .

Reuben Fellows .

J. T.Pifer .

Leroy W. Martin . .
es Converse. .

Leroy

Chark

E. i .

NW. and E. J.'
SW. and SE.
of NW.

ne . :

W. iSE .

SE.
S. I
SW
SW
NW
NE

E. i NW. and
W.JandNE.
1 of NE.

Benjamin Wingrove..

Same .

Samuel McKinney . . .
Squire James Waller .
George A. Whittaker.
William Smith -

Edward Morgan .

Albert Benndorf
Charles Martin. .

SE .

SW. of SE .

SW .

NE . .

E. i .

E. i SE. and
SE. of NE.

N. i and SW. }
of NW., and
NW. 1 of SW.

S. $ NE .

NW., S. i, and
NW. I of SW.

Francis Hastings and I
William Morgan, jr.
Joel 0. Loveridge,
Geo. W. Loveridge,
Alfred Loveridge,
jointly.

Isaac Shaw .

Jacob Sims .

Zacheus Hays .

Town tract * .

Ambrose Shields .

Anthony Cott .

Edward Dagenett ....

Half .

E. J and SW. \
of SW.

NE .
SE..
SW .

N. i .

NE .

SE .

Total

Section.

Township.

Number of
acres.

Price per
acre.

Sum depos¬
ited.

Total.

320

$4 00

$426 66

$1, 280 00

160

4 75

120

4 50

433 00

1,300 00

160

4 75

253 33

760 00

3 75

100 00

300 00

160

5 25

5 00

500 00

1, 240 00

...

160

5 00

267 00

800 00

160

4 00

214 00

640 00

160

3 50

186 00

560 00

160

5 25

200 00

840 00

200

4 25

850 00

160

4 25
4 00

| 226 66

840 00

160

4 00

J 213 33

640 00

160

3 30

165 00

528 00

’24

320

4 50

480 00

1, 440 00

120

4 00

480 00

^ 160

4 00

215 00

640 00

3 50

95 00

280 00

280

3 50

980 00

320

4 00

426 66

1, 280 00

760

4 00

1,013 33

3,040 00

160

5 00

250 00

800 00

160

3 50

560 00

160

3 50

560 00

320

4 00

1,280 00

’i6

160

3 50

560 00

160

3 00

480 00

4 00

320 00

5, 680

5, 664 97

22, 278 00

* This tract to be conveyed to David Perry and Chas. Sims, on payment of said one
thousand two hundred and eighty dollars by June first.

1 19 and 18. t 24 and 13.

748

TEEATY WITH THE POTAWATOMI, 1867.

The three last-named are half-breed Indians, who will become citi¬
zens. Said Shields has 5 children, said Cott 3, and Dagenette 2. Wil¬
liam Smith, the settler aforesaid, has a half-breed wife and 2 children.
He takes said 120 acres in full of the interest of his family in net pro¬
ceeds of the reserve, and is to pay one hundred and sixty dollars ($160)
besides.

Said Shields, Cott, and Dagenett take their respective tracts at the
price stated, in lieu of a like sum of the shares of themselves and fam
ilies in the net proceeds of the reserve: Provided , That, should the
share of either famity in the net proceeds of the reserves be less than
the price agreed for the land taken by the head of such family, then
the deficit to be paid in money as by other settlers. The title in each
of the four cases last mentioned to be made jointly to the various
members of the family by name, whose shares in said proceeds pay
for same.

Joshua Clayton takes SE. \ section 36, township 16, range 24, 160
acres, at $4 per acre, and deposits $213; total payment, $640.00.

Knoles Shaw, W. 4 of SE. 4 section 6, town[sLip] 17, range 25, 80
acres; has deposited $94; total payment, $280.00.

Thos. Morgan and John M . Majors take E. 1 of said quarter, at $3
per acre; deposited, $9; total, $240.00.

There is [are] 80 acres untaken, for which a purchaser will be named
by the chiefs before 1st June next.

Total land disposed of, 6,000 acres.

Total money deposited, $5,970.00.

Total amount at prices agreed, 23,438.00.

The above lands to be patented to the persons aforesaid, or their
representatives, on prompt payment of the price agreed, by 1st June,
1867 : Provided , That if any settler refuse or neglect to pay as afore¬
said, then the tract of land by him claimed to be sold under sealed
bids.

TREATY WITH THE POTAWATOMI, 1867.

Feb. 27, 1867. Articles of agreement concluded at Washington, I). C., on the twenty -
is stats., 531. seventh day of February , 1867, between the United States , repre-

amendments’ July 25) rented by Lewis G. Bogy, Commissioner of Indian Affairs , W. II.

18 Am e n d m e n t s Watson, special commissioner , Thos. Murphy , supt. of Indian affairs

agreed to, Aug. 4, 1868. for Kansas , and Luther P. Palmer , 77. S. Indian agent , duly author-
7,i868.lamation’ Aug' ^6*7, and the Pottawatamie tribe of Indians , represented by their
chiefs , braves , and head-men , to wit: Mazhee , Mianco , Shawgwe ,
B. II. Bertrand , J. N. Bourassa , M. B. Beaulnen. L. 11. Ogee , and
G. I. Young.

Whereas the Pottawatomies believe that it is for the interest of
their tribe that a home should be secured for them in the Indian
country south of Kansas, while there is yet an opportunity for the
selection of a suitable reservation; and whereas the tribe has the
means of purchasing such reservation from funds to arise from the
sale of lands under the provisions of this treaty, without interfering
with the exclusive rights of those of their people who hold their lands
in common to the ownership of their diminished reserve, held bv them
in common, or with their right to receive their just proportions! the
moneys arising from the sale of unallotted lands, known as surplus
lands: Now, therefore, it is agreed—-

lect^freieri^tiou se~ Article 1. It being the intention of the Government that a com-
ec a reserva ion. mission shall visit the Indian country as soon as practicable after the
ratification of the treaties contemplating the removal of certain tribes
from Kansas, accompanied by delegates from the several tribes pro¬
posing to remove, it is agreed that a delegation of the Pottawatomies

TREATY WITH THE POTAWATOMI, 1867.

749

may accompany said commission in order to select, if possible, a suit¬
able location for their people without interfering- with the locations
made for other Indians; and if such location shall be found satisfactory
to the Pottawatcmies, and approved by the Secretary of the Interior,
such tract of land, not exceeding thirty miles square, shall be set
apait as a reservation for the exclusive use and occupancy of that
tribe; and upon the survey of its lines and boundaries, and ascertain¬
ing of its area, and payment to the United States for the same, as
hereinafter mentioned and set forth, the said tract shall be patented
to the Pottawatomie Nation: Provided , That if the said Pottawato Proviso,
nnes shall prefer to select a new home among the Cherokees, by agree¬
ment with the said Cherokees, for a price within the means of the
Pottawatomies, the Government will confirm such agreement.

Article 2. In case the new reservation shall be selected upon the Price t0 be Paid for
lands purchased by the Government from the Creeks, Seminoles, or the reservatlon-
Choctaws, the price to be paid for said reservation shall not exceed the
cost of the same to the Government of the United States; and the sum
to be paid by the tribe for said reservation shall be taken from the
amount which may be received for the lands which were offered for
sale to the Leavenworth, Pawnee, and Western Railroad Company,
under the treaty dated November fifteen, eighteen hundred and sixty -
one, which amount shall be the common property of the tribe, except
the Prairie band, who shall have no interest in said reservation to be prairie band,
purchased as aforesaid, but in lieu thereof shall receive their pro rata
share of the proceeds of the sale of said land in money, as the same
may be received: Provided , That if the United States shall advance Proviso,
the amount necessary to purchase the said reservation, the interest due
upon the deferred payments for said lands, sold as hereinafter pro¬
vided, shall, when received by the United States, be retained and
credited to said tribe interested in said reservation, or so much of said
interest as may be due said tribe under this treaty : And provided fur¬
ther, That the Leavenworth, Pawnee and Western Railroad Company,
their successors and assigns, having failed to purchase said lands, the
Atchison^ Topeka and Santa Fe Railroad Company may, within thirty
days afteS- the promulgation of this treaty, purchase of the said Potta- coAtmay purchas?the
watomies their said unallotted lands, except as hereinafter provided, landsitetc.
to St. Mary’s Mission, at the price of one dollar per acre, lawful money
of the United States, and upon filing their bond for the purchase and
payment of said lands in due form, to be approved by the Secretary
of the Interior within the time above named, the said Secretary of the
Interior shall issue to the last-named railroad company certificates of
purchase, and such certificates of purchase shall be deemed andholden,
in all courts, as evidence of title and possession in the said railroad termsof purchaseand
company to all or any part of said lands, unless the same shall be for- payment,
feited as herein provided. The said purchase-money shall be paid to
the Secretary of the Interior in trust for said Indians within five
years from the date of such purchase, with interest at the rate of six
per cent, per annum on all deferred payments, until the whole purchase-
money shall have been paid; and before any patents shall issue for any
part of said lands, one hundred thousand dollars shall be deposited with
the Secretary of the Interior, to be forfeited in case the whole of the
lands are not paid for as herein provided; (said money may be applied
as the payment for the last one hundred thousand acres of said land;)
payments shall also be made for at least one-fourth of said unallotted
lands at the rate of one dollar per acre, and when so paid the President
is authorized hereby to issue patents for the land so paid for; and then
for every additional part of said land upon the payment of one dollar
per acre. The interest on said purchase-money shall be paid annually
to the Secretary of the Interior for the use of said Indians. If the
said company shall fail to pay the principal when the same shall become
due, or to pay all or any part of the interest upon such purchase-money

750

TEEATY WITH THE POTAWATOMI, 1867.

within thirty (30) days after the time when such payment of interest
shall fall due, then this contract shall be deemed and held absolutely
null and void, and cease to be binding upon either of the parties
thereto, and said company and its assigns shall forfeit all payments of
principal and interest made on such purchase, and all right and title,
legal and equitable, of any kind whatsoever, in and to all and every
part of said lands which shall not have been, before the date of such
forfeiture, paid for as herein provided: Provided , however , That in
case any of said lands have been conveyed to bona-fide purchasers by
said Atchison, Topeka and Santa Fe Railroad Company, such pur¬
chasers shall be entitled to patents for said land so purchased by them
upon the payment of one dollar and twenty-five cents per acre there¬
for, under such rules and regulations as may be prescribed by the
Secretary of the Interior.

bcRinSudedn in°any Article 3. After such reservation shall have been selected and set
state, etc. apart for the Pottawatomies, it shall never be included within the juris¬

diction of any State or Territory, unless an Indian Territory shall be
organized, as provided for in certain treaties made in eighteen hundred
and sixty- six with the Choctaws and other tribes occupying the “ Indian
country;” in which case, or in case of the organization of a legislative
council or other body, for the regulation of matters affecting the rela¬
tions of the tribes to each other, the Pottawatomies resident thereon
shall have the right to representation, according to their numbers, on
equal terms with the other tribes.

ofRmembers of Tribe Article 4. A register shall be made, under the direction of the agent
who desire toTemove and the business committee of the tribe, within two years after the rati-
or remain. fication of this treaty, which shall show the names of all members of

the tribe who declare their desire to remove to the new reservation,
and of all who desire to remain and to become citizens of the United
States; and after the filing of such register in the office of the Com¬
missioner of Indian Affairs, all existing restrictions shall be removed
from the sale and alienation of lands by adults who shall have declared

sale, etc., of lands, their intention to remove to the new reservation: But, provided, That
no person shall be allowed to receive to his own use the avails of the
sale of his land, unless he shall have received the certificate of the agent
and business committee that he is fully competent to manage his own
affairs; nor shall'any person also be allowed to sell and receive the
proceeds of the sale of the lands belonging to his family, unless the
certificate of the agent and business committee shall declare him com¬
petent to take the charge of their property; but such persons may
negotiate for the sales of their property and that of their families, and
any contracts for sales so made, if certified by the agent and business
committee to be at reasonable rates, shall be confirmed by the Secre¬
tary of the Interior, and patents shall issue to the purchaser upon full
payment; and all payments for such land shall be made to the agent,
and the funds by him deposited on the first of each month in some Gov¬
ernment depository to be designated by the Secretary of the Treasury,
and triplicate certificates of deposit taken therefor, one to be forwarded
to the Commissioner of Indian Affairs, one to be retained at the agency,
and the third to be sent to the superintendent of Indian affairs for Kan¬
sas; after which deposit the United States will be responsible for said
funds until drawn out for use as hereinafter provided, and the bonds of
the agent shall be increased to a sufficient amount to cover his increased
liabilities under this section.

Moneys to be re- Article 5. The moneys received and deposited as provided in the
tamed until, etc. preceding article shall be retained until the party on whose behalf it
is held shall be ready to remove to the new reservation, and shall then,
or such part thereof as may from time to time be necessary, be drawn
out, under the direction of the Commissioner of Indian Affairs, by the
agent, and expended for the benefit of the owner in providing for his
removal and that of his family to the new reservation, and in such

TREATY WITH THE POTAWATOMI, 1867.

751

articles and for such uses as may, with the advice of the business com¬
mittee, be deemed for his best interest at his new home.

Article 6. The provisions of article third of the treaty of April
nineteenth, eighteen hundred and sixty-two relative to Pottawatomies
who desire to become citizens, shall continue in force, with the addi¬
tional provision that, before patents shall issue and full payments
be made to such persons, a certificate shall be necessary from the agent
and business committee that the applicant is competent to manage his
own affairs; and when computation is made to ascertain the amount
of the funds to the tribe to which such applicants are entitled, the
amounts invested in the new reservation provided for in the treaty
shall not be taken into account; and where any member of the tribe
shall become a citizen under the provisions of the said treaty of
eighteen hundred and sixty-two, the families of said parties shall also
be considered as citizens, and the head of the family shall be entitled
to patents and the proportional share of funds belonging to his
family; and women who are also heads of families, and single women
of adult age, may become citizens in the same manner as males.

Article 7. [Stricken out.]

Article 8. Where allottees under the treaty of eighteen hundred
and sixty-one shall have died, or shall hereafter decease, such allottees
shall be regarded, for the purpose of a careful and just settlement of
their estates, as citizens of the United States, and of the State of Kan¬
sas, and it shall be competent for the proper courts to take charge of
the settlement of their estates under all the forms and in accordance
with the laws of the State, as in the case of other citizens deceased;
and in cases where there are children of allottees left orphans, guard¬
ians for such orphans may be appointed by the probate court of the
county in which such orphans may reside, and such guardians shall
give bonds, to be approved by the said court, for the proper care of
the person and estate of such orphans, as provided by law.

Article 9. It is agreed that an examination shall be made of the
books of the Indian Office in order to ascertain what amount is justly
due to the Pottawatomies under the provisions of their treaties of
eighteen hundred and eighteen and eighteen hundred and twenty-nine,
providing for the payment of their annuities in coin, whereas they have
been paid for several years in currency; and the result of such exami¬
nation shall be reported to Congress, and the difference in amount
due to said Indians shall be paid to them.

Article 10. It is further agreed that, upon the presentation to the
Department of the Interior of the claims of said tribe for depreda¬
tions committed by others upon their stock, timber, or other property,
accompanied by evidence thereof, examination and report shall be
made to Congress of the amount found to be equitably due, in order
that such action may be taken as shall be just in the premises.

And it is further agreed that the claims of the Pottawatomies here¬
tofore examined and reported on by the Secretary of the Interior under
the act of Congress of March two, eighteen hundred and sixty-one,
shall be submitted to two commissioners, to be named by the President
of the United States, for examination, and said commissioners, after
being sworn impartially to decide on said claims, shall make report of
their judgment in the premises, together with the evidence taken, to
the Secretary of the Interior, and the same shall be communicated to
Congress at its next session: Provided , That no part of the money
reported due by the said commissioners shall be paid until the same
shall be appropriated by Congress.

Article 11. The half sections of land heretofore set apart for the
mission-schools, to wit, those of the St. Mary’s mission, and the Ameri¬
can Baptist mission, shall be granted in fee-simple, the former to John
F. Diels, John Schoenmaker and M. Gillaud, and the latter to such
party as the American Baptist Board of Missions shall designate.

Provisions of Article
III of former treaty to
be in force. Ante, p.
629.

Patents not to issue
until, etc.

Settlementof estates
of those deceased.

Amounts due the
Potawatomi to be as¬
certained.

Claims for depreda¬
tions on the property
of the Indians.

Proviso.

Lands for school
purposes.

752

TREATY WITH THE CHIPPEWA OF THE MISSISSIPPI, 1867.

purchase lands of^ttie And. the said John F. Deils, John Shoemaker, and M. Gillaud shall

Indians. have the right to purchase in a compact body ten hundred and thirteen

54-100 acres of the unallotted lands at the price of one dollar per acre,
to be paid to the Secretary of the Interior, for the use of said tribe,
and when the consideration shall be paid as aforesaid the President
shall issue patents to said purchasers therefor; and in selecting said ten
hundred and thirteen 54-100 acres, said purchasers shall have the
Rights of those preference over all other parties.
whoSdlhliriS Arti°pe 12. No provisions of this treaty shall be held to apply in
in common. , such manner as to authorize any interference with the exclusive rights
in their own lands of those members of the tribe who hold their lands
in common; but such Indians shall be entitled to their share in the own¬
ership of the new reservation; and it shall not be necessary at any
future time to treat with the representatives of the whole people for
a cession of the lands of those who hold in common, but special treaty
arrangements may be made at any time with the class of persons last
named for the sale of their lands, and the disposition to be made of the
proceeds thereof.

sions void. provi- Article 13. All provisions of former treaties inconsistent with the
. provisions of this treaty shall be hereafter null and void,
treaty. Article 14. The expenses of negotiating this treaty shall be paid

by the United States, not to exceed six thousand dollars.

TREATY WITH THE CHIPPEWA OF THE MISSISSIPPI, 1867.

19^q6'' Articles of agreement made and concluded at Washington , I), t?., this
Ratified , ' with 19th day of March , A. D. 1867 , between the United States repre-

amendment, Apr. s, sented by Louis V Bogy , special commissioner thereto appointed ,

edIleard8iei867Ccept" William 11. Watson , and Joel B. Bassett , United States agents and
e Proclaimed1 Apr. is, the Chippewas of the Mississippi , represented by Que-we-zance , or
1867- Hole-in-the-JDay, Qui-we-shen-shish , Wau-bon-a-quot , Min-e-do-wob ,

Mij aw-ke-ke-shik :, Shob-osk-kunk , Ka -gway-dosh , Me-no-ke-shick ,
Way-namee , and O-gub-ay-gwan-ay-aush.

Whereas, by a certain treaty ratified March 20, 1865, between the
parties aforesaid, a certain tract of land was, by the second article
thereof, reserved and set apart for a home for the said bands of Indians,
and by other articles thereof provisions were made for certain moneys
to be expended for agricultural improvements for the benefit of said
bands; and whereas it has been found that the said reservation is not
adapted for agricultural purposes for the use of such of the Indians as
desire to devote themselves to such pursuits, while a portion of the
bands desire to remain and occupy a part of the aforementioned reser¬
vation, and to sell the remainder thereof to the United States: Now,
therefore, it is agreed —

cession of lands. Article 1. The Chippewas of the Mississippi hereby cede to the
United States all their lands in the State of Minnesota, secured to them
by the second article of their treaty of March 20, 1865, excepting and

Reservation. reserving therefrom the tract bounded and described as follows, to wit:

Boundaries. Commencing at a point on the Mississippi River, opposite the mouth

of Wan oman River, as laid down on Sewall’s map of Minnesota; thence
due north to a point two miles further north than the most northerly
point of Lake Winnebagoshish; thence due west to a point two miles
west of the most westerly point of Cass Lake; thence south to Kabe-
koua River; thence down said river to Leech Lake; thence along the
north shore of Leech Lake to its outlet in Leech Lake River; thence
down the main channel of said river to its junction with the Mississippi
River, and thence down the Mississippi to the place of beginning.

TREATY WITH THE CHIPPEWA OE THE MISSISSIPPI, 1867.

753

And there is further reserved for the said Chippewas out of the land
now owned by them such portion of their western outlet as may upon
location and survey be found to be within the reservation provided for
in the next succeeding section.

Article 2. In order to provide a suitable farming region for the
said bands there is hereby set apart for their use a tract of land, to
be located in a square form as nearly as possible, with lines corre¬
sponding to the Government surveys; which reservation shall include

hite Earth Lake and Rice Lake, and contain thirty-six townships of
land: and such portions of the tract herein provided for as shall be
found upon actual survey to lie outside of the reservation set apart for
the Chippewas of the Mississippi by the second article of the treaty of
March 20, 1865, shall be received by them in part consideration for
the cession of lands made by this agreement.

Article 3. In further consideration for the lands herein ceded, esti¬
mated to contain about two million of acres, the United States agree
to pay the following sums, to wit: Five thousand dollars for the erec¬
tion of school buildings upon the reservation provided for in the sec¬
ond article; four thousand dollars each. year for ten years, and as long
as the President may deem necessary after the ratification of this treaty,
for the support of a school or schools upon said reservation; ten thou¬
sand dollars for the erection of a saw-mill, with grist-mill attached, on
said reservation; five thousand dollars to be expended in assisting in
the erection of houses for such of the Indians as shall remove to said
reservation.

Five thousand dollars to be expended, with the advice of the chiefs,
in the purchase of cattle, horses, and farming utensils, and in making
such improvements as are necessary for opening farms upon said
reservation.

Six thousand dollars each year for ten years, and as long thereafter
as the President may deem proper, to be expended in promoting the
progress of the people in agriculture, and assisting them to become
self-sustaining by giving aid to those who will labor.

Twelve hundred dollars each year for ten years for the support of a
physician, and three hundred each year for ten years for necessary
medicines.

Ten thousand dollars to pay for provisions, clothing, or such other
articles as the President may determine, to be paid to them immedi¬
ately on their removal to their new reservation.

Article 4. No part of the annuities provided for in this or any
former treaty with the Chippewas of the Mississippi bands shall be
paid to any half-breed or mixed-blood, except those who actually live
with their' people upon one of the reservations belonging to the Chip¬
pewa Indians.

Article 5. It is further agreed that the annuity of $1,000 a year
which shall hereafter become due under the provisions of the third
article of the treaty with the Chippewas of the Mississippi bands, of
August 2, 1847, shall be paid to the chief, Hole-in-the-Dav, and to his
heirs; and there shall be set apart, by selections to be made in their
behalf and reported to the Interior Department by the agent, one half
section of land each, upon the Gulf Lake reservation, for Min-a-ge-shig
and Truman A. Warren, who shall be entitled to patents for the same
upon such selections being reported to the Department.

Article 6. Upon the ratification of this treaty, the Secretary of the
Interior shall designate one or more persons who shall, in connection
with the agent foi the Chippewas in Minnesota, and such of their
chiefs, parties to this agreement, as he may deem sufficient, proceed
to locate, as near as may be, the reservation set apart by the second
article hereof, and designate the places where improvements shall be
made, and such portion of the improvements provided for in the fourth

S. Doc. 452 - 48

Further reservation.

Land for farming.

Payments for lands
ceded.

Schools.

Mills.

Houses.

Cattle, etc.

Agriculture, etc.

Physician, etc.

Provisions and
clothing.

No part to any half-
breed, etc., except,
etc.

Annuities.

Hole-in-th e-Day and
his heirs.

Land to Min-a-ge-
shig and Truman A.
Warren.

Reservation to he
located.

754

TREATY WITH KIOWA AND COMANCHE, 1867.

Survey.

Indians having ten
acres under cultiva¬
tion to be entitled to
receive a certificate
for 40 acres, etc.

Land exempt from
taxation and not to
be alienated, except,
etc.

Arrest and punish¬
ment of Indians for
crimes.

Oct. 21, 1867.

15 Stats., 581.
Ratified, July 25,
1868.

Proclaimed, Aug. 25,
1868.

War to cease.

Peace to be kept.

Offenders against
the Indians to be
arrested, etc.

article of the Chippewa treaty of May 7, 1864, as the agent may deem
necessary and proper, with the approval of the Commissioner of Indian
Affairs, may be made upon the new reservation, and the United States
will pay the expenses of negotiating this treaty, not to exceed ten
thousand dollars.

Article 7. As soon as the location of the reservation set apart by
the second article hereof shall have been approximately ascertained,
and reported to the office of Indian Affairs, the Secretary of the Inte¬
rior shall cause the same to be surveyed in conformity to the system
of Government surveys, and whenever, after such survey, any Indian,
of the bands parties hereto, either male or female, shall have ten
acres of land under cultivation, such Indian shall be entitled to receive
a certificate, showing him to be entitled to the forty acres of land,
according to legal subdivision, containing the said ten acres or the
greater part thereof, and whenever such Indian shall have an additional
ten acres under cultivation, he or she shall be entitled to a certificate
for additional forty acres, and so on, until the full amount of one hun¬
dred and sixty acres may have been certified to any one Indian; and
the land so held by any Indian shall be exempt from taxation and sale
for debt, and shall not be alienated except with the approval of the
Secretary of the Interior, and in no case to any person not a member
of the Chippewa tribe.

Article 8. For the purpose of protecting and encouraging the
Indians, parties to this treaty, in their efforts to become self-sustaining
by means of agriculture, and the adoption of the habits of civilized
life, it is hereby agreed that, in case of the commission by any of the
said Indians of crimes against life or property, the person charged
with such crimes may be arrested, upon the demand of the agent, by
the sheriff of the county of Minnesota in which said reservation may
be located, and when so arrested may be tried, and if convicted, pun¬
ished in the same manner as if he were not a member of an Indian
tribe.

TREATY WITH KIOWA AND COMANCHE, 1867.

[Note by the Department of State. — The words of this treaty
which are put in brackets with an asterisk are written in the original
with black pencil, the rest of the original treaty being written with
black ink.]

Articles of a treaty and agreement made and entered into at the Council
Camp, on Medicine Lodge Creek , seventy miles south of Fort Lamed ,
in the State of Kansas, on the twenty-first day of October , one thou¬
sand eight hundred and sixty-seven , by and between the United States
of America , represented by its commissioners duly appointed thereto ,
to wit , Nathaniel G. Taylor , William S. Harney , C. C. Augur ,
Alfred S. [ZT.] Terry , John B. Sanborn , Samuel F. Tappan , and
J. B. Henderson , of the one part , and the confederated tribes of
Kioioa and Comanche Indians , represented by their chiefs and head¬
men, duly authorized and empowered to act for the body of the people
of said tribes , {the names of said chiefs and head-men being hereto
subscribed ,) of the other part, witness:

Article 1. From this day forward all war between the parties to
this agreement shall forever cease.

The Government of the United States desires peace, and its honor
is here pledged to keep it. The Indians desire peace, and they now
pledge their honor to maintain it. If bad men among the whites, or
among other people subject to the authority of the United States,
shall commit any wrong upon the person or property of the Indians,

TREATY WITH KIOWA AND COMANCHE, 1867. 755

the United States will, upon proof made to the agent and forwarded
to the Commissioner of Indian Affairs at Washington City, proceed
at once to cause the offender to be arrested and punished according to
the laws of the United States, and also re-imburse the injured person
tor the loss sustained.

If bad men among the Indians shall commit a wrong or depredation wrongdoers against
upon the person or property of any one, white, black, or Indians, sub- ^Jhltes tobe Pun~
ject to the authority of the United States and at peace therewith, the
tribes herein named solemnty agree that they will, on proof made to
their agent and notice by him, deliver up the wrong-doer to the United
btates, to be tried and punished according to its laws, and in case they
wilfully refuse so to do, the person injured shall be re-imbursed for
his loss from the annuities or other moneys due or to become due to
them under this or other treaties made with the United States. And
the President, on advising with the Commissioner of Indian Affairs
shall prescribe such rules and regulations for ascertaining damages
under the provisions of this article as, in his judgment, may be proper;
but no such damages shall be adjusted and paid until thoroughly exam- Damages,
ined and passed upon by the Commissioner of Indian Affairs and the
Secretary of the Interior; and no one sustaining loss, while violating
or because of his violating, the provisions of this treaty or the laws of
the United States, shall be re-imbursed therefor.

Article 2. The United States agrees that [the*] following district Reservation,
of country, to wit: commencing at a point where the Washita River Boundaries,
crosses the 98th meridian, west from Greenwich; thence up the Washita
River, in the middle of the main channel thereof, to a point thirty
miles, by river, west of Fort Cobb, as now established; thence, due
west to the north fork of Red River, provided said line strikes said
river east of the one hundredth meridian of west longitude; if not,
then only to said meridian-line, and thence south, on said meridian¬
line, to the said north fork of Red River; thence down said north fork,
in the middle of the main channel thereof, from the point where it
may be first intersected by the lines above described, to the main Red
River; thence down said river, in the middle of the main channel
thereof to its intersection with the ninety-eighth meridian of longi¬
tude west from Greenwich; thence north, on said meridian-line, to the
place of beginning, shall be and the same is hereby set apart for the
absolute and undisturbed use and occupation of the tribes herein named,
and for such other friendly tribes or individual Indians as, from time
to time, they may be willing [with the consent of the U nited States*] ^certam persons not
to admit among them; and the United States now solemnly agrees that thereon61 °r reside
no persons except those herein authorized so to do and except such
officers, agents, and employes of the Government as may be authorized
to enter upon Indian reservation in discharge of duties enjoined by
law, shall ever be permitted to pass over, settle upon, or reside in the
territory described in this article, or in such territory as may be added
to this reservation, for the use of said Indians.

Article 3. If it should appear from actual survey or other satisfac- lai^dt^aidd'^b/f®
tory examination of said tract of land, that it contains less than one etc.
hundred and sixty acres of tillable land, for each person, who at the
time may be authorized to reside on it under the provisions of this
treaty, and a very considerable number of such persons shall be dis¬
posed to commence cultivating the soil as farmers, the United States
agrees to set apart for the use of said Indians, as herein provided,
such additional quantity of arable land adjoining to said reservation,
or as near the same as it can be obtained, as may be required to pro¬
vide the necessary amount.

Article 4. The United States agrees at its own proper expense to ^ Bundings on reser-
construct at some place, near the centre of said reservation, where tim- va 10n'
ber and water may be convenient, the following buildings, to wit: A

756

TREATY WITH KIOWA AND COMANCHE, 1867.

Head of family may
select lands for farm¬
ing.

warehouse or store-room for the use of the agent, in storing goods
belonging to the Indians, to cost not exceeding fifteen hundred dollars;
an agency-building for the residence of the agent, to cost not exceeding-
three thousand dollars; a residence for the physician, to cost not more
than three thousand dollars; and five other buildings, for a carpenter,
farmer, blacksmith, miller, and engineer, each to cost not exceeding
two thousand dollars; also a school-house or mission-building, so soon
as a sufficient number of children can be induced by the agent to attend
school, which shall not cost exceeding five thousand dollars.

The United States agrees further to cause to be erected on said res¬
ervation, near the other buildings herein authorized, a good steam
circular saw mill, with a grist-mill and shingle-machine attached; the
same to cost not exceeding eight thousand dollars.

Article 5. The United States agrees that the agent for the said
Indians in the future shall make his home at the agency-building; that
he shall reside among them, and keep an office open at all times, for
the purpose of prompt and diligent inquiry into such matters of com
plaint by and against the Indians as may be presented for investiga¬
tion under the provisions of their treaty stipulations, as also for the
faithful discharge of other duties enjoined on him by law. In all cases
of depredation on person or property, he shall cause the evidence to
be taken in writing and forwarded, together with his findings to the
Commissioner of Indian Affairs, whose decision, subject to the revision
of the Secretary of the Interior, shall be binding on the parties to this
treaty.

Article 6. If any individual belonging to said tribes of Indians, or
legally incorporated with them, being the head of a family, shall desire
to commence farming, he shall have the privilege to select, in the
presence and with the assistance of the agent then in charge, a tract
of land within said reservation, not exceeding three hundred and twenty
acres in extent, which tract, when so selected, certified, and recorded in
the “land book” as herein directed, shall cease to be held in common,
but the same may be occupied and held in the exclusive possession of
the person selecting it, and of his family so long as he or they may
continue to cultivate it. Any person over eighteen years of age, not
being the head of a family, may in like manner select and cause to be
certified to him or her, for purposes of cultivation, a quantity of
land not exceeding eighty-acres in extent, and thereupon, be entitled
to the exclusive possession of the same as above directed. For each
tract of land so selected, a certificate, containing a description thereof
and the name of the person selecting it, with a certificate indorsed
thereon that the same has been recorded, shall be delivered to the
party entitled to it, by the agent, after the same shall have been
recorded by him in a book to be kept in his office, subject to inspec¬
tion, which said book shall be known as the “Kiowa and Comanche land
book.” The President may, at any time, order a survey of the reser¬
vation, and, when so surveyed, Congress shall provide for protecting
the rights of settlers, in their improvements, and may fix the character
of the title held by each. The United States may pass such laws, on
the subject of alienation and descent of property and on all subjects
connected with the government of the said Indians on said reservations,
and the internal police thereof, as may be thought proper.

Article 7. In order to insure the civilization of the tribes, entering
into this treaty, the necessity of education is admitted, especially by
such of them as are or may be settled on said agricultural reservations;
and they therefore pledge themselves to compel their children, male
and female, between the ages of six and sixteen years, to attend
school; and it is hereby made the duty of the agent for said Indians to
see that this stipulation is strictly complied with; and the United
States agrees that for every thirty children between said ages, who can
be induced or compelled to attend school, a house shall be provided,
and a teacher competent to teach the elementary branches of an Eng-

TREATY WITH KIOWA AND COMANCHE, 1867.

757

lish education, shall be furnished, who will reside among said Indians,
and faithfully discharge his or her duties as a teacher. The provisions
of this article to continue for not less than twenty years.

Article 8. When the head of a family or lodge shall have selected seeds and agricui-
lands and received his certificate as above directed, and the agent shall
be satisfied that he intends in good faith to commence cultivating the
soil for a living, he shall be entitled to receive seeds and agricultural
implements for the first year not exceeding in value one hundred dol¬
lars, and for each succeeding year he shall continue to farm for a
period of three years more, he shall be entitled to receive seeds and
implements as aforesaid not exceeding in value twenty -five dollars.

^ further stipulated that such persons as commence farming instructions in
shall receive instruction from the farmer herein provided for, and farmm&-
whenever more than one hundred persons shall enter upon the culti¬
vation of the soil a second blacksmith shall be provided, together with Blacksrnith.
such iron, steel, and other material as may be needed.

Article 9. At any time after ten years from the making of this Physician, farmer,
treaty the United States shall have the privilege of withdrawing the tnmay be with'
physician, farmer, blacksmiths, carpenter, engineer, and miller herein
provided for; but, in case of such witndrawal, an additional sum there- nrtdHnn?n
after of ten thousand dollars per annum shall be devoted to the educa¬
tion of said Indians, and the Commissioner of Indian Affairs shall,
upon careful inquiry into the condition of said Indians, make such
rules and regulations for the expenditure of said sum as will best pro¬
mote the educational and moral improvement of said tribes.

Article 10. In lieu of all sums of money or other annuities pro- . Delivery of goods
vided to be paid to the Indians, herein named, under the treaty of m ieuo annuities-
October eighteenth, one thousand eight hundred and sixty -five, made
at the mouth of the “Little Arkansas,” and under all treaties made
previous thereto, the United States agrees to deliver at the agency-
house on the reservation herein named, on the fifteenth day of October
of each year, for thirty years, the following articles, to wit:

For each male person over fourteen years of age, a suit of good sub- clothing,
stantial woollen clothing, consisting of coat, pantaloons, flannel shirt,
hat, and a pair of home-made socks. For each female over twelve years
of age, a flannel skirt, or the goods necessary to make it, a pair of woolen
hose, and twelve yards of calico, and twelve yards of ‘ ‘ domestic. ”

For the boys and girls under the ages named, such flannel and cotton
goods as may be needed, to make each a suit as aforesaid, together
with a pair of woollen hose for each; and in order that the Commis¬
sioner of Indian Affairs may be able to estimate properly for the arti¬
cles herein named, it shall be the duty of the agent, each year, to for¬
ward him a full and exact census of the Indians on which the estimates census,
from year to year can be based; and, in addition to the clothing herein
named, the sum of twenty-five thousand dollars shall be annually
appropriated for a period of thirty years, to be used by the Secretary
of the Interior in the purchase of such articles, upon the recommenda¬
tion of the Commissioner of Indian Affairs, as from time to time the
condition and necessities of the Indians may indicate to be proper; and arg£g necessary
if at any time within the thirty years it shall appear that the amount
of money needed for clothing under this article can be appropriated to
better uses for the tribes herein named, Congress may by law change
the appropriation to other purposes, but in no event shall the amount
of this appropriation be withdrawn or discontinued for the period officer to

named; and the President shall, annually, detail an officer of the Army attendee delivery,
to be present and attest the delivery of all the goods herein named to
the Indians, and he shall inspect and report on the quantity and quality
of the goods and the manner of their delivery.

Article 11. In consideration of the advantages and benefits con- ritoj|hoVteidTofPresCT-
f erred by this treaty and the many pledges of friendship by the U nited vation surrendered.
States, the tribes who are parties to this agreement hereby stipulate

758

TREATY WITH KIOWA AND COMANCHE, 1857.

that they will relinquish all right to occupy permanently the territory
outside of their reservation, as herein defined, but they yet reserve the
served? to hunt re' to hunt on any lands south of the Arkansas [River,*] so long as
the buffalo may range thereon in such numbers as to justify the chase,
[and no white settlements shall be permitted on any part of the lands
contained in the old reservation as defined by the treaty made between
the United States and the Cheyenne, Arapahoe, and Apache tribes of
Indians at the mouth of . the Little Arkansas, under date of October
fourteenth, one thousand eight hundred and sixty-five, within three
years from this date;*] and they, [the said tribes,*] further expressly
agree —

ranroadfents as to ^at they will withdraw all opposition to the construction of

the railroad now being built on the Smoky Hill River, whether it be
built to Colorado or New Mexico.

. 2d. That they will permit the peaceable construction of any railroad
not passing over their reservation as herein defined,
mnttmvefe^ emi’ ^at they will not attack any persons at home, nor travelling,

nor molest or disturb any wagon-trains, coaches, mules, or cattle
belonging to the people of the United States, or to persons friendly
therewith.

Women and chil- 4th. They will never capture or carry off from the settlements white
dren- women or children.

5th. They will never kill nor scalp white men nor attempt to do
tlmm harm.

Pacific railroad, 6th. They withdraw all pretence of opposition to the construction
wagon roads, etc, 0-f ^he rai}roac[ now being built along the Platte River and westward
to the Pacific Ocean; and they will not, in future, object to the con¬
struction of railroads, wagon-roads, mail-stations, or other works of
utility or necessity which may be ordered or permitted by the laws of
the United States. But should such roads or other works be con¬
structed on the lands of their reservation, the Government will pay

Damages for cross- the tribes whatever amount of damage may be assessed by three dis¬
ing these reservations. interested commissioners, to be appointed by the President for that
purpose; one of said commissioners to be a chief or head-man of the
tribes.

Military posts. 7th. They agree to withdraw all opposition to the military posts

now established in the western Territories.

No treaty for cession
of reservation to be
valid unless, etc.

Article 12. No treaty for the cession of any portion or part of the
reservation herein described, which may be held in common, shall be
of any validity or force as against the said Indians, unless executed
and signed by at least three-fourths of all the adult male Indians
occupying the same, and no cession by the tribe shall be understood
or construed in such manner as to deprive, without his consent, any
individual member of the tribe of his rights to any tract of land

selected by him as provided in Article III [VI] of this treaty,
in employing farm- Article 13. The Indian agent, in employing a farmer, blacksmith,
beSgeivenPtofthenindb miller, and other employes herein provided for, qualifications being
ans, if, etc. equal, shall give the preference to Indians.

united states to Article 14. The United States hereby agrees to furnish annually
teacher^etc!781018,118’ to the Indians the physician, teachers, carpenter, miller, engineer,
farmer, and blacksmiths, as herein contemplated, and that such appro¬
priations shall be made from time to time, on the estimates of the
Secretary of the Interior, as will be sufficient to employ such persons.
House for Tosh- Article 15. It is agreed that the sum of seven hundred and fifty
dollars be appropriated for the purpose of building a dwelling-house
on the reservation for “ Tosh-e-wa,” (or the Silver Brooch,) the
Comanche chief who has already commenced farming on the said
reservation. And the sum of five hundred dollars annually, for three

presents for best years from date, shall be expended in presents to the ten persons of
rops- said tribes who in the judgment of the agent may grow the most

valuable crops for the period named.

TREATY WITH KIOWA, COMANCHE, AND APACHE, 1867.

759

Article 16. The tribes herein named agree, when the agency-house Reservation to be
and other buildings shall be constructed on the reservation named, trib“aaneut °me °
they will make said reservation their permanent home and they will
make no permanent settlement eslewhere, but they shall have the
right to hunt on the lands south of the Arkansas River, formerly
called theirs, in the same manner, subject to the modifications named
in this treaty , as agreed on by the treaty of the Little Arkansas, con¬
cluded the eighteenth day of October, one thousand eight hundred and
sixty-five.

TREATY WITH KIOWA, COMANCHE, AND APACHE, 1867.

Articles of a treaty concluded at the Council Co/mp on Medicine Lodge Qct. 21, 1867
Creek , seventy miles south of Fort Lamed , in the State of Kansas, on rifled 589^
the twenty-first day of October, eighteen hundred and sixty-seven , i868a 1 e ’ u ‘
by and between the United States of America, represented by its com- i8g8roclaimed Av
missicmers duly appointed thereto to-wit: Nathaniel C. Taylor,

William S. Harney, C. C. Augur , Alfred S. [A7] Terry, John B.

chiefs and headmen duly authorized and empowered to act for the
body of the people of said tribes (the names of said chiefs and head¬
men being hereto subscribed ) of the other part, witness:

Whereas, on the twenty -first day of October, eighteen hundred and
sixty-seven, a treaty of peace was made and entered into at the Coun¬
cil Camp, on Medicine Lodge Creek, seventy miles south of Fort
Larned, in the State of Kansas, by and between the United States of
America, by its commissioners Nathaniel G. Taylor, William S. Har¬
ney, C. C. Augur, Alfred H. Terry, John B. Sanborn, Samuel F. Tap-
pan, and J. B. Henderson, of the one part, and the Kiowa and Comanche
tribes of Indians, of the Upper Arkansas, by and through their
chiefs and headmen whose names are subscribed thereto, of the other
part, reference being had to said treaty; and whereas, since the mak¬
ing and signing of said treaty, at a council held at said camp on this
day, thd chiefs and headmen of the Apache nation or tribe of Indians
express to the commissioners on the part of the United States,
as aforesaid, a wish to be confederated with the said Kiowa and
Comanche tribes, and to be placed, in every respect, upon an equal
footing with said tribes; and whereas, at a council held at the same
place and on the same day, with the chiefs and headmen of the said
Kiowa and Comanche Tribes, they consent to the confederation of
said Apache tribe, as desired by it, upon the terms and conditions
hereinafter set forth in this supplementary treaty: Now, therefore, it
.is herebv stipulated and agreed by and between the aforesaid commis¬
sioners, on the part of the United States, and the chiefs and headmen
of the Kiowa and Comanche tribes, and, also, the chiefs and headmen
of the said Apache tribe, as follows, to-wit:

Article 1. The said Apache tribe of Indians agree to confederate The Apaches agree
and become incorporated with the said Kiowa and Comanche Indians, rated with the Kiowa
and to accept as their permanent home the reservation described in the and Comanche,
aforesaid treaty with said Kiowa and Comanche tribes, concluded as
aforesaid at this place, and they pledge themselves to make no per¬
manent settlement at any place, nor on any lands, outside of said

reservation

Article 2. The Kiowa and Comanche tribes on their part, agree
that all the benefits and advantages arising from the employment or by the Apaches,
physicians, teachers, carpenters, millers, engineers, farmers, and black¬
smiths, agreed to be furnished under the provisions of their said
treaty, together with all the advantages to be derived from the con¬
struction of agency buildings, warehouses, mills, and other structures.

760

Annuitiei
be share*
Apache.

TREATY WITH THE CHEYENNE AND ARAPAHO, 1867.

and also from the establishment of schools upon their said reservation,
shall be jointly and equally shared and enjoyed by the said Apache
Indians, as though they had been originally a part of said tribes; and
they further agree that all other benefits arising from said treaty shall
be jointly and equally shared as aforesaid.

Article 3. The United States, on its part, agrees that clothing and
other articles named in Article X. of said original treaty, together with
all money or other annuities agreed to be furnished under any of the
provisions of said treaty, to the Kiowa and Comanches, shall be
shared equally by the Apaches. In all cases where specific articles of
clothing are agreed to be furnished to the Kiowas and Comanches,
similar articles shall be furnished to the Apaches, and a separate cen¬
sus of the Apaches shall be annually taken and returned by the agent,
as provided for the other tribes. And the United States further
agrees, in consideration of the incorporation of said Apaches, to
increase the annual appropriation of money, as provided for in Arti¬
cle X. of said treaty, from twenty -five thousand to thirty thousand
dollars; and the latter amount shall be annually appropriated, for the
period therein named, for the use and benefit of said three tribes, con¬
federated as herein declared; and the clothing and other annuities,
which may from time to time be furnished to the Apaches, shall be
based upon the census of the three tribes, annually to be taken by the
agent, and shall be separately marked, forwarded, and delivered to
them at the agency house, to be built under the provisions of said
original treaty.

Article 4. In consideration of the advantages conferred by this
supplementary treaty upon the the Apache tribe of Indians, they agree
to observe and faithfully comply with all the stipulations and agree¬
ments entered into by the Kiowas and Comanches in said original
to keep the peace, treaty. They agree, in the same manner, to keep the peace toward
the whites and all other persons under the jurisdiction of the United
States, and to do and perform all other things enjoined upon said
tribes by the provisions of said treaty; and they hereby give up and
rigThtsgive up certain forever relinquish to the United States all rights, privileges, and grants
now vested in them, or intended to be transferred to them, by the treaty
between the United States and the Cheyenne ana Arapahoe tribes of
Indians, concluded at the camp on the Little Arkansas River, in the
State of Kansas, on the fourteenth day of October, one thousand
eight hundred and sixty-five, and also by the supplementary treaty,
concluded at the same place on the seventeenth day of the same month,
between the United States, of the one part, and the Cheyenne, Arap¬
ahoe, and Apache tribes, of the other part.

Apaches to observe
stipulations of origi¬
nal treaty.

TREATY WITH THE CHEYENNE AND ARAPAHO, 1867.

Oct. 28, 1867.

15 Stats. 593.
Ratified July 25,
1868;

Proclaimed Aug. 19,
1868.

Articles of a treaty and agreement made and entered into at the Council
Camp on Medicine Lodge Creek, seventy rniles south of Fort Lamed ,
in the State of Kansas , on the twenty-eighth day of October, eighteen
hundred and sixty-seven, by. and between the United States of America,
represented by its commissioners duly appointed thereto, to wit:
Nathaniel G. Taylor, William S. Harney, C. G. Augur, Alfred H.
Terry, John B. Sanborn , Samuel F. Tappan and John B. Hender¬
son, of the one part , and the Cheyenne and Arapahoe tribes of Indians,
represented by their chiefs and head-men duly authorized and empow¬
ered to act for the body of the people of said tribes — the Thames of said
chiefs and head-men being hereto subscribed — of the other part, witness:

^Peace and friend- Article 1. From this day forward all war between the parties to
Mp' this agreement shall forever cease. The Government of the United

761

TREATY WITH THE CHEYENNE AND ARAPAHO, 1867.

States desires peace7 and its honor is here pledged to keep it. The
Indians desire peace, and they now pledge their honor to maintain it.

If bad men among the whites, or among other people subject to the
authority of the United States, shall commit any wrong upon the per¬
son or property of the Indians, the United States will, upon proof
made to the agent and forwarded to the Commissioner of Indian
Adairs at Washington City, proceed at once to cause the odender to
be arrested and punished according to the laws of the United States,
and also re-imburse the injured person for the loss sustained.

If bad men among the Indians shall commit a wrong or depredation
upon the person or property of any one, white, black, or Indian, sub¬
ject to the authority of the United States and at peace therewith, the
tribes herein named solemnly agree that they will, on proof made to
their agent, and notice by him, deliver up the wrongdoer to the United
States, to be tried and punished according to its laws; and in case they
wilfully refuse so to do, the person injured shall be re-imbursed for
his loss from the annuities or other moneys due or to become due to
them under this or other treaties made with the United States. And
the President, on advising with the Commissioner of Indian Affairs,
shall prescribe such rules and regulations for ascertaining damages,
under the provisions of this article, as in his judgment may be proper.
But no such damages shall be adjusted and paid until thoroughly exam¬
ined and passed upon by the Commissioner of Indian Affairs and the
Secretary of the Interior, and no one sustaining loss, while violating,
or because of his violating, the provisions of this treat}" or the laws of
the United States, shall be re-imbursed therefor.

Article 2. The IT nited States agrees that the following district of
country, to wit: commencing at the point where the Arkansas River
crosses the 37th parallel of north latitude, thence west on said paral¬
lel — the said line being the southern boundary of the State of Kansas —
to the Cimarone River, (sometimes called the Red Fork of the Arkan¬
sas River), thence down said Cimarone River, in the middle of the
main channel thereof, to the Arkansas River; thence up the Arkansas
River, in the middle of the main channel thereof, to the place of begin¬
ning, shall be and the same is hereby set apart for the absolute and
undisturbed use and occupation of the Indians herein named, and for
such other friendly tribes or individual Indians, as from time to time
they may be willing, with the consent of the United States, to admit
among them; and the United States now solemnly agrees that no per¬
sons except those herein authorized so to do, and except such officers,
agents, and employes of the Government as may be authorized to enter
upon Indian reservations in discharge of duties enjoined by law, shall
ever be permitted to pass over, settle upon, or reside in the territory
described in this article, or in such territory as may be added to this
reservation for the use of said Indians.

Article 3. If it should appear froiji actual survey or other exami¬
nation of said tract of land, that it contains less than one hundred and
sixty acres of tillable land for each person who at the time may be
authorized to reside on it, under the provisions of this treaty, and
a very considerable number of such persons shall be disposed to com¬
mence cultivating the soil as farmers, the United States agrees to set
apart for the use of said Indians as herein provided, such additional
quantity of arable land adjoining to said reservation, or as near the
same as it can be obtained, as may be required to provide the neces¬
sary amount.

Article 4. The United States agrees at its own proper expense to
construct at some place near the center of said reservation, where
timber and water may be convenient, the following buildings, to wit:
a warehouse or store-room for the use of the agent in storing goods
belonging to the Indians, to cost not exceeding fifteen hundred dol-

Offenders among
the whites to be ar¬
rested and punished.

Among the Indians,
to be given up to the
United States, etc.

Rules for ascertain¬
ing damages.

Reservation.

Boundaries.

Who not to reside
thereon, etc.

Reservation to be
enlarged, if, etc.

Buildings to be
constructed.

762

TREATY WITH THE CHEYENNE AND ARAPAHO, 1867.

lars; an agency-building for the residence of the agent, to cost not
exceeding three thousand dollars; a residence for the physician, to
cost not more than three thousand dollars; and five other buildings,
for a carpenter, farmer, blacksmith, miller, and engineer, each to cost
not exceeding two thousand dollars; also a school-house or mission¬
building, so soon as a sufficient number of children can be induced by
the agent to attend school, which shall not cost exceeding five thou¬
sand dollars. The United States agrees, further, to cause to be erected
on said reservation, near the other buildings herein authorized, a good
steam circular saw -mill, with a grist-mill and shingle machine attached;
Agent to make ms the same to cost not exceeding eight thousand dollars,
home and reside Article 5. The United States agrees that the agent for said Indians
in the future shall make his home at the agency building; that he shall
reside among them, and keep an office open at all times for the pur¬
pose of prompt and diligent inquiry into such matters of complaint
by and against the Indians as may be presented for investigation,
under the provisions of their treaty stipulations, as also for the faith¬
ful discharge of other duties enjoined on him by law. In all cases of
depredation on person or property, he shall cause the evidence to be
taken in writing and forwarded, together with his finding, to the
Commissioner of Indian Affairs, whose decision, subject to the revi¬
sion of the Secretary of the Interior, shall be binding on the parties to
this treaty.

desiring to commence Article 6. If any individual, belonging to said tribes of Indians,
landf etc. may select or \egallY incorporated with them, being the head of a family, shall
desire to commence farming, he shall have the privilege to select, in
the presence and with the assistance of the agent then in charge, a
tract of land within said reservation not exceeding three hundred and
twenty acres in extent, which tract when so selected, certified, and
Effect of such seiec- recorded in the land-book as herein directed, shall cease to be held in
tion- common, but the same may be occupied and held in the exclusive pos¬

session of the person selecting it, and of his family, so long as he or
of famines not heads ^.Y maJ continue to cultivate it. Any person over eighteen years of
age, not being the head of a family, may in like manner select and
cause to be certified to him, or her, for purposes of cultivation, a quan¬
tity of land not exceeding eighty acres in extent, and thereupon be
entitled to the exclusive possession of the same as above directed.
tiSirSfbetedeiiv8ered' ^or eac^ tracf of land so selected, a certificate containing a descrip-
etc., to be recorded. ’ tion thereof, and the name of the person selecting it, with a certificate
indorsed thereon, that the same has been recorded, shall be delivered
to the party entitled to it by the agent, after the same shall have been
recorded by him in a book to be kept in his office, subject to inspec¬
tion, which said book shall be known as the “Cheyenne and Arapahoe
Land Book.” The President may at any time order a survey of the
reservation, and, when so surveyed, Congress shall provide for pro¬
tecting the rights of settlers in their improvements, and may fix the
character of the title held bv each.

Alienation and de- The United States may pass such laws on the subject of alienation
scent of property. and descent of property, and on all subjects connected with the gov¬
ernment of the Indians on said reservations, and the internal police
thereof as may be thought proper.

children between 6 Article 7. In order to insure the civilization of the tribes entering
school.6 t0 attend into this treaty , the necessity of education is admitted, especially by such
of them as are or may be settled on said agricultural reservation, and
the}- therefore pledge themselves to compel their children, male and
female, between the ages of six and sixteen years, to attend school; and
Duty of agent. it is hereby made the duty of the agent for said Indians to see that this
stipulation is strictly complied with; and the United States agrees that
for every thirty children between said ages, who can be induced or
sehooihouses and compelled to attend school, a house shall be provided, and a teacher
competent to teach the elementary branches of an English education
shall be furnished, who will reside among said Indians, and faithfully

TREATY WITH THE CHEYENNE AND AEAPAHO, 1867.

763

discharge his or her duties as a teacher. The provisions of this article
to continue for not less than twenty years.

Article 8. When the head of a family or lodge shall have selected
lands and received his certificate as above directed, and the agent shall
be satisfied that he intends in good faith to commence cultivating the
soil for a living, he shall be entitled to receive seeds and agricultural
implements for the first year, not exceeding in value one hundred dol¬
lars; and for each succeeding year he shall continue to farm for a
period of three years more, he shall be entitled to receive seeds and
implements as aforesaid, not exceeding in value twenty -five dollars.

And it is further stipulated that such persons as commence farming
shall receive instruction from the farmer herein provided for; and
whenever more than one hundred persons shall enter upon the cultiva¬
tion of the soil, a second blacksmith shall be provided, with such iron,
steel, and other material as may be needed.

Article 9. At any time after ten years from the making of this
treaty the United States shall have the privilege of withdrawing the
physician, farmer, blacksmith, carpenter, engineer, and miller, herein
provided for, but in case of such withdrawal, an additional sum, there¬
after, of ten thousand dollars per annum shall be devoted to the edu¬
cation of said Indians, and the Commissioner of Indian Affairs shall
upon careful inquiry into their condition make such rules and regula¬
tions for the expenditure of said sum as will best promote the educa¬
tional and moral improvement of said tribes.

Article 10. In lieu of all sums of money or other annuities pro¬
vided to be paid to the Indians herein named, under the treaty of
October fourteenth, eighteen hundred and sixty-five, made at the
mouth of Little Arkansas, and under all treaties made previous
thereto, the United States agrees to deliver at the agency house on the
reservation herein framed, on the fifteenth day of October, of each
year, for thirty years, the following articles, to wit:

For each male person over fourteen years of age, a suit of good,
substantial woolen clothing, consisting of coat, pantaloons, flannel
shirt, hat, and a pair of home-made socks.

For each female over twelve years of age, a flannel skirt, or the
goods necessary to make it, a pair of woolen hose, twelve yards of
calico and twelve yards of cotton domestics.

For the boys and girls under the ages named, such flannel and cot¬
ton goods as may be needed to make each a suit as aforesaid, together
with a pair of woolen hose for each.

And in order that the Commissioner of Indian Affairs may be able
to estimate properly for the articles herein named, it shall be the duty
of the agent each year to forward to him a full and exact census of
the Indians on which the estimate from year to year can be based.

And, in addition to the clothing herein named, the sum of twenty
thousand dollars shall be annually appropriated for a period of thirty
years, to be used by the Secretary of the Interior in the purchase of
such articles as, from time to time, the condition and necessities of
the Indians may indicate to be proper. And if at any time, within
the thirty years, it shall appear that the amount of money needed for
clothing, under this article, can be appropriated to better uses for the
tribe herein named, Congress may, by law, change the appropriation
to other purposes; but, in no event, shall the amount of this appro¬
priation be withdrawn or discontinued for the period named. And
the President shall, annually, detail an officer of the Army to be
present, and attest the delivery of all the goods herein named to the
Indians, and he shall inspect and report on the quantity and quality of
the goods and the manner of their delivery.

Article 11. In consideration of the advantages and benefits con¬
ferred by this treaty, and the many pledges of friendship by the
United States, the tribes who are parties to this agreement hereby
stipulate that they will relinquish all right to occupy permanently the

Seeds and agricul¬
tural implements.

Instructions in
farming.

Physician, farmer,
etc., may be with¬
drawn, etc.; and ad¬
ditional appropria¬
tion in such cases.

Articles in lieu of
money and annuities.

Clothing.

Census annually.

Annual appropria¬
tion of money for
thirty years.

Army officer to be
present at delivery of
goods.

Lands outside the
reservation to be re¬
linquished to the
United States.

764

TREATY WITH THE CHEYENNE AND ARAPAHO, 1867.

Right to hunt re¬
served.

Limit to white set¬
tlements.

Express agreements
as to railroads.

Wagon trains
coaches, etc.

White women and
children.

White men.

Railroads and other
roads.

Damage to their res¬
ervation.

Military posts and
roads.

Cession of reserva¬
tion not to be valid
unless, etc.

Physicians, etc., to
be furnished by the
United States.

Annual presents for
the most valuable
crops.

Reservation to be
permanent home, etc.

territory outside of their reservation as herein defined, but they yet
reserve the right to hunt on any lands south of the Arkansas so long
as the buffalo may range thereon in such numbers as to justify the
chase; and no white settlements shall be permitted on any part of the
lands contained in the old reservation as defined by the treaty made
between the United States and the Cheyenne, Arapahoe, and Apache
tribes of Indians, at the mouth of the Little Arkansas, under date of
October fourteenth, eighteen hundred and sixty-five, within three
years from this date, and they, the said tribes, further expressly
agree:

1st. That they will withdraw all opposition to the construction of
the railroad now being built on the Smoky Hill River, whether it be
built to Colorado or New Mexico.

2d. That they will permit the peaceable construction of any railroad
not passing over their reservation, as herein defined.

3d. That they will not attack any persons at home or travelling, nor
molest or disturb any wagon-trains, coaches, mules, or cattle belonging
to the people of the United States or to persons friendly therewith.

4th. They will never capture or carry off from the settlements white
women or children.

5th. They will never kill or scalp white men, nor attempt to do them
harm.

6th. They withdraw all pretense of opposition to the construction
of the railroad now being built along the Platte River, and westward
to the Pacific Ocean; and the}r will not in future object to the construc¬
tion of railroads, wagon-roads, mail-stations, or other works of utility
or necessity, which may be ordered or permitted by the laws of the
United States. But should such roads or other works be constructed
on the lands of their reservation, the Government will pay the tribe
whatever amount of damage may be assessed by three disinterested
commissioners to be appointed by the President for that purpose, one
of said commissioners to be a chief or head-man of the tribe.

7th. They agree to withdraw all opposition to the military posts or
roads now established, or that may be established, not in violation of
treaties heretofore made or hereafter to be made with any of the Indian
tribes.

Article 12. No treaty for the cession of any portion or part of the
reservation herein described, which may be held in common, shall be
of any validity or force as against the said Indians unless executed and
signed by at least three-fourths of all the adult male Indians occupy¬
ing or interested in the same; and no cession by the tribe shall be
understood or construed in such manner as to deprive without his con¬
sent any individual member of the tribe of his rights to any tract of
land selected by him as provided in Article 6 of this treaty.

Article 13. The United States hereby agree to furnish annually to
the Indians the physician, teachers, carpenter, miller, engineer, farmer,
and blacksmiths, as herein contemplated, and that such appropriations
shall be made from time to time, on the estimates of the Secretary of
the Interior, as will be sufficient to employ such persons.

Article 14. It is agreed that the sum of five hundred dollars, annu¬
ally, for three years from date, shall be expended in presents to the
ten persons of said tribe who, in the judgment of the agent, may grow
the most valuable crops for the respective year.

Article 15. The tribes herein named agree that when the agency-
house and other buildings shall be constructed on the reservation
named, they will regard and make said reservation their permanent
home, and they will make no permanent settlement elsewhere, but they
shall have the right, subject to the conditions and modifications of this
treaty, to hunt on the lands south of the Arkansas River, formerly
called theirs, in the same manner as agreed on by the treaty of the
“ Little Arkansas,” concluded the fourteenth day of October, eighteen
hundred and sixty-five.

TREATY WITH THE UTE, 1868.

765

TREATY WITH THE UTE, 1868.

Articles of a treaty and agreement made and entered into at Washing¬
ton City , D. C. , on the second da/y of March , one thousand eight
hundred and sixty-eight, by and between Nathaniel G. Taylor , Corn-
• missioner of Indian Affairs, Alexander C. Hunt, governor of Colo¬
rado Territory and ex-officio superintendent of Indian affairs, and
Kit Carson, duly authorized to represent the United States, of the one
part, and the representatives of the Tdbaquache, Muache , Capote,
Weeminuche , Yampa , Grand River, and Uintah lands of Ute
Indians, ( whose names are hereto subscribed ,) duly authorized and
empowered to act for the body of the people of said bands, of the other
part, witness:

Article 1. All of the provisions of the treaty concluded with the
Tabe^uache band of Utah Indians October seventh, one thousand eight
hundred and sixty-three, as amended by the Senate of the United States
and proclaimed December fourteenth, one thousand eight hundred and
sixty-four, which are not inconsistent with the provisions of this treaty,
as hereinafter provided, are hereby re-affirmed and declared to be
applicable and to continue in force as well to the other bands, respec¬
tively, parties to this treaty, as to the Tabemiache band of Utah Indians.

Article 2. The United States agree that the following district of
country, to wit: Commencing at that point on the southern boundary -
line of the Terri to ry of Colorado where the meridian of longitude 107°
west from Greenwich crosses the same; running thence north with
said meridian to a point fifteen miles due north of where said meridian
intersects the fortieth parallel of north latitude; thence due west to
the western boundary -line of said Territory; thence south with said
western boundary-line of said Territory to the southern boundary-line
of said Territory ; thence east with said southern boundary -line to the
place of beginning, shall be, and the same is hereby, set apart for the
absolute and undisturbed use and occupation of the Indians herein
named, and for such other friendly tribes or individual Indians as
from time to time they may be willing, with the consent of the United
States, to admit among them; and the United States now solemnly
agree that no persons, except those herein authorized so to do, and
except such officers, agents, and employes of the Government as may
be authorized to enter upon Indian reservations in discharge of duties
enjoined by law shall ever be permitted to pass over, settle upon, or
reside in the Territory described in this article, except as herein other¬
wise provided.

Article 3. It is further agreed by the Indians, parties hereto, that
henceforth they will and do hereby relinquish all claims and rights in
and to any portion of the United States or Territories, except such as
are embraced in the limits defined in the preceding article.

Article 4. The United States agree to establish two agencies on the
reservation provided for in article two, one for the Grand River,
Yampa, and Uintah bands, on White River, and the other for the
Tabe^uache, Muache, Weeminuche, and Capote bands, on the Rio de
los Pinos, on the reservation, and at its own proper expense to con¬
struct at each of said agencies a warehouse, or store-room, for the use
of the agent in storing goods belonging to the Indians, to cost not
exceeding fifteen hundred dollars; an agency-building for the residence
of the agent, to cost not exceeding three thousand dollars; and four
other buildings for a carpenter, farmer, blacksmith, and miller, each
to cost not exceeding two thousand dollars; also a school-house or mis¬
sion-building, so soon as a sufficient number of children can be induced
by the agent to attend school, which shall not cost exceeding five
thousand dollars.

Mar. 2, 1868.

15 Stats. 619.

Ratified, with
amendments, July 25,
1868.

Amendments a c -
eepted, Aug. 15, Sept.
1,14, 24, and 25, 1868.

Proclaimed, Nov. 6,
1868.

Certain provisions
of former treaty re¬
affirmed.

Reservation.

Boundaries.

Only certain per¬
sons to reside thereon.

Claims to all other
lands released.

Two agencies on the
reservation.

Warehouse and
other buildings.

Sehoolhouse.

766

TREATY WITH THE TJTE, 1888.

Water-power saw¬
mill.

Indian agents to
make their homes and
reside where.

Depredations.

Offenders among
the whites.

Wrongdoers among
the Indians.

Indians, heads of
families, desirous of
commencing farming
may select lands.

Tract to be recorded
and held in exclusive
possession.

Persons not heads
of families.

Ute Land-Book.

Survey, etc.

The United States agree, further, to cause to be erected on said reser¬
vation, and near to each agency herein authorized, respectively, a good
water-power saw-mill, with a grist-mill and a shingle-machine attached,
the same to cost not exceeding eight thousand dollars each: Provided,
The same shall not be erected until such time as the Secretary of the
Interior may think it necessary to the wants of the Indians.

Article 5. The United States agree that the agents for said Indians,
in the future, shall make their homes at the agency-buildings; that
they shall reside among the Indians, and keep an office open at all times
for the purpose of prompt and diligent inquiry into such matters of
complaint b}r and against the Indians, as may be presented for investi¬
gation under the provisions of their treaty stipulations, as also for the
faithful discharge of other duties enjoined on them by law. In all
cases of depredation on person or property they shall cause the
evidence to be taken in writing and forwarded, together with their find-
ing, to the Commissioner of Indian Affairs, whose decision, subject to
the revision of the Secretary of the Interior, shall be binding on the
parties to this treaty.

Article 6. If bad men among the whites or among other people,
subject to the authority of the United States, shall commit an}’ wrong
upon the person or property of the Indians, the United States will,
upon proof made to the agent and forwarded to the Commissioner of
Indian Affairs at Washington City, proceed at once to cause the
offender to be arrested and punished according to the laws of the
United States, and also re-imburse the injured person for the loss sus¬
tained.

Article T. If any individual belonging to said tribe of Indians or
legally incorporated with them, being the head of a family, shall
desire to commence farming, he shall have the privilege to select, in
the presence and with the assistance of the agent then in charge, by
metes and bounds, a tract of land within said reservation not exceeding
one hundred and sixty acres in extent, which tract, when so selected^
certified, and recorded in the land-book, as herein directed, shall cease
to be held in common, but the same may be occupied and held in
exclusive possession of the person selecting it and his family so long
as he or they may continue to cultivate it. Any person over eighteen
years of age, not being the head of a family may, in like manner,
select and cause to be certified to him or her for purposes of cultiva¬
tion, a quantity of land not exceeding eighty acres in extent, and
thereupon be entitled to the exclusive possession of the same as above
directed.

For each tract of land so selected a certificate containing a descrip¬
tion thereof, and the name of the person selecting it, with a certificate
endorsed thereon that the same has been recorded, shall be delivered
to the party entitled to it, by the agent, after the same shall have been
recorded by him in a book to be kept in his office, subject to inspec¬
tion, which said book shall be known as the “Ute Land- Book.”

The President may at any time order a survey of the reservation;
and when so surveyed Congress shall provide for protecting the rights
of such Indian settlers in their improvements, and may fix the charac¬
ter of the title held by each.

TEE AT Y WITH THE UTE, 1868.

767

The United States inay pass such laws on the subject of alienation
and descent of property, and on all subjects connected with the gov¬
ernment of the Indians on said reservation and the internal police
thereof as may be thought proper.

Article 8. In order to insure the civilization of the bands entering
into this treaty, the necessity of education is admitted, especially by
such of them as are or may be engaged in either pastoral, agricultural,
or other peaceful pursuits of civilized life on said reservation, and
they therefore pledge themselves to induce their children, male and
female, between the age[s] of seven and eighteen years, to attend
school; and it is hereby made the duty of the agent for said Indians
to see that this stipulation is complied with to the greatest possible
extent; and the United States agree that for every thirty children
between said ages who can be induced to attend school a house shall
be provided, and a teacher competent to teach the elementary branches
of an English education shall be furnished, who will reside among
said Indians, and faithfully discharge his or her duties as teacher, the
provisions of this article to continue for not less than twenty years.

Article 9. When the head of a family or lodge shall have selected
lands, and received his certificate as above described, and the agent
shall be satisfied that he intends, in good faith, to commence cultivat¬
ing the soil for a living, he shall be entitled to receive seeds and agri¬
cultural implements for the first year, not exceeding in value one
hundred dollars, and for each succeeding year he shall continue to
farm, for a period of three years more, he shall be entitled to receive
seeds and implements as aforesaid, not exceeding in value fifty dollars;
and it is further stipulated that such persons as commence farming
shall receive instructions from the farmer herein provided for; and it
is further stipulated that an additional blacksmith to the one provided
for in the treaty of October seventh, one thousand eight hundred and
sixty -three, referred to in article one of this treaty, shall be provided
with such iron, steel, and other material as may be needed for the
Uintah, Yampa, and Grand River agency.

Article 10. At any time after ten years from the making of this
treaty, the United States shall have the privilege of withdrawing the
farmers, blacksmiths, carpenters, and millers herein, and in the treaty
of October seventh, one thousand eight hundred and sixty-three,
referred to in article one of this treaty, provided for, but in case of
such withdrawal, an additional sum thereafter of ten thousand dollars
per annum shall be devoted to the education of said Indians, and the
Commissioner of Indian Affairs shall, upon careful inquiry into their
condition, make such rules and regulations, subject to the approval of
the Secretary of the Interior, for the expenditure of said sum as will
best promote the educational and moral improvement of said Indians.

Article 11. That a sum, sufficient in the discretion of Congress,
for the absolute wants of said Indians, but not to exceed thirty thou¬
sand dollars per annum, for thirty years, shall be expended, under the
direction of the Secretary of the Interior for clothing, blankets, and
such other articles of utility as he may think proper and necessary
upon full official reports of the condition and wants of said Indians.

Article 12. That an additional sum sufficient, in the discretion of
Congress, (but not to exceed thirty thousand dollars per annum,) to
supply the wants of said Indians for food, shall be annually expended
under the direction of the Secretary of the Interior, in supplying said
Indians with beef, mutton, wheat, flour, beans, and potatoes, until such
time as said Indians shall be found to be capable of sustaining them¬
selves.

Article 13. That for the purpose of inducing said Indians to adopt
habits of civilized life and become self-sustaining, the sum of forty -five

Alienation and de¬
scent of property.

Education.

Children to attend
school.

Schoolhouses and
teachers.

Seeds and agricul¬
tural implements.

Instructions from
farmer.

Additional black¬
smith.

United States may
withdraw farmers,
etc.

Clothing, blankets,
etc.

Food, meat, and
vegetables.

Cows and sheep.

768

TREATY WITH THE CHEROKEE, 1868.

Railroads and high¬
ways to have right of
way.

Teachers and me¬
chanics and their sup¬
port.

Cession of reserva¬
tion not to be valid
unless, etc.

Appropriations,
how to apply and be
divided.

Forfeitures by mak¬
ing war.

Those at peace.

Apr. 27, 1868.

16 Stats., 727.
Ratified June 6, 1868.
Proclaimed June 10,
1868.

Contract by the Sec¬
retary of the Interior
with the American
Emigrant Company
for the sale of Chero¬
kee neutral lands.

Contract with
James F. Joy for sale
of same lands.

thousand dollars, for the first year, shall be expended, under the direc¬
tion of the Secretary of the Interior, in providing each lodge or head
of a family in said confederated bands with one gentle American cow,
as distinguished from the ordinary Mexican or Texas breed, and five
head of sheep.

Article 14. The said confederated bands agree that whensoever, in
the opinion of the President of the United States, the public interest
may require it, that all roads, highways, and railroads, authorized by
law, shall have the right of way through the reservations herein des¬
ignated.

Article 15. The United States hereby agree to furnish the Indians
the teachers, carpenters, millers, farmers, and blacksmiths, as herein
contemplated, and that such appropriations shall be made from time to
time, on the estimates of the Secretary of the Interior, as will be suf¬
ficient to employ such persons.

Article 16. No treaty for the cession of any portion or part of the
reservation herein described, which may be held in common, shall be
of any validity or force as against the said Indians, unless executed
and signed by at least three-fourths of all the adult male Indians occu¬
pying or interested in the same; and no cession by the tribe shall be
understood or construed in such manner as to deprive, without his
consent, any individual member of the tribe of his right to any tract
of land selected by him, as provided in article seven of this treaty.

Article 17. All appropriations now made, or to be hereafter made,
as well as goods and stock due these Indians under existing treaties,
shall apply as if this treaty had not been made, and be divided propor¬
tionately among the seven bands named in this treaty, as also shall all
annuities and allowances hereafter to be made: Provided, That if any
chief of either of the confederated bands make war against the people
of the United States, or in any manner violate this treaty in any essen¬
tial part, said chief shall forfeit his position as chief and all rights to
any of the benefits of this treaty: But provided further. Any Indian of
either of these confederated bands who shall remain at peace, and abide
by the terms of this treaty in all its essentials, shall be entitled to its
benefits and provisions, notwithstanding his particular chief and band
may have forfeited their rights thereto.

TREATY WITH THE CHEROKEE, 1868.

Supplemental article to a treaty concluded at Washington City , July
19th, A. D. 1866 / ratified wtth amendments, July %7th, A. D. 1866 ;
amendments accepted , July 31st , A. JJ. 1866: and the whole pro¬
claimed, August 11th, A. D. 1866, between the United States of Amer¬
ica and the Cherokee Nation of Indians.

Whereas under the provisions of the seventeenth article of a treaty
and amendments thereto made between the United States and the Chero¬
kee Nation of Indians, and proclaimed August 11th, A. D. 1866, a con¬
tract was made and entered into by James Harlan, Secretary of the
Interior, on behalf of the United States, of the one part, and by the
American Emigrant Company, a corporation chartered and existing
under the laws of the State of Connecticut, of the other part, dated
August 30th, A. D. 1866, for the sale of the so-called “Cherokee neu¬
tral lands,” in the State of Kansas, containing eight hundred thousand
acres, more or less, with the limitations and restrictions set forth in the
said seventeenth article of said treaty as amended, on the terms and
conditions therein mentioned, which contract is now on file in the
Department of the Interior; and

Whereas Orville H. Browning, Secretary of the Interior, regarding
said sale as illegal and not in conformity with said treaty and amend¬
ments thereto, did, on the ninth day of October, A. D. 1867, for and

TREATY WITH THE CHEROKEE, 1868.

769

in behalf of the United States, enter into a contract with James F. Joy
of the city of Detroit, Michigan, for the sale of the aforesaid lands on
the terms and conditions in said contract set forth, and which is on file
in the Department of the Interior; and

Whereas, for the purpose of enabling the Secretary of the Interior,
as trustee for the Cherokee Nation of Indians, to collect the proceeds
of sales of said lands and invest the same for the benefit of said Indians
and for the purpose of preventing litigation and of harmonizing the
conflicting interests of the said American Emigrant Company and of
the said James F. Joy, it is the desire of all the parties in interest that
the said American Emigrant Company shall assign their said contract
and all their right, title, claim, and interest in and to the said “ Chero¬
kee neutral lands” to the said James F. Joy, and that the said Joy shall
assume and conform to all the obligations of said company under their
said contract, as hereinafter modified:

It is, therefore, agreed, by and between Nathaniel Gf. Taylor, com¬
missioner on the part of the United 'States of America, and Lewis
Downing, H. D. Reese, Wm. P. Adair, Elias C. Boudinot, J. A. Scales,
Archie Scraper, J. Porum Davis, and Samuel Smith, commissioners
on the part of the Cherokee Nation of Indians, that an assignment of
the contract made and entered into on the 30th day of August, A. D.

1866, by and between James Harlan, Secretary of the Interior, for
and in behalf of the United States of America, of the one part, and
the American Emigrant Company, a corporation chartered and exist¬
ing under the laws of the State of Connecticut, of the other part, and
now on file in the Department of the Interior, to James F. Joy, of the
city of Detroit, Michigan, shall be made; and that said contract, as
hereinafter modified, be and the same is hereby, with the consent of
all parties, re-affirmed and declared valid; and that the contract entered
into by and between Orville H. Browning, for and in behalf of the
United States, of the one part, and James F. Joy, of the city of
Detroit, Michigan, of the other part, on the 9th day of October, A. D.

1867, and now on file in the Department of the Interior, shall be relin¬
quished and cancelled by the said James F. Joy, or his duly author¬
ized agent or attorney; and the said first contract as hereinafter modi¬
fied, and the assignment of the first contract, and the relinquishment
of the second contract, are hereby ratified and confirmed, whenever
said assignment of the first contract and the relinquishment of the
second shall be entered of record in the Department of the Interior,
and when the said James F. Joy shall have accepted said assignment
and shall have entered into a contract with the Secretary of the Inte¬
rior to assume and perform all obligations of the said American Emi¬
grant Company under said first-named contract, as hereinafter modified.

The modifications hereinbefore mentioned of said contract are hereby
declared to be: —

1. That within ten days from the ratification of this supplemental
article the sum of seventy -five thousand dollars shall be paid to the
Secretary of the Interior as trustee for the Cherokee Nation of Indians.

2. That the other deferred payments specified in said contract shall
be paid when they respectively fall due, with interest only from the
date of the ratification hereof.

It is further agreed and distinctly understood that, under the con¬
veyance of the “Cherokee neutral lands” to the said American Emi¬
grant Company, “with all beneficial interests therein,” as set forth in
said contract, the said company and their assignees shall take only the
residue of said lands after securing to “actual settlers” the lands to
w hich they are entitled under the provisions of the seventeenth article
and amendments thereto of the said Cherokee treaty of August 11th,
1866; and that the proceeds of the sales of said lands, so occupied at
the date of said treaty by “actual settlers,” shall enure to the sole
benefit of, and be retained by, the Secretary of the Interior as trustee
for the said Cherokee Nation of Indians.

Contractwith Amer¬
ican Emigrant Com¬
pany to be assigned to
Joy.

Contracts with Joy
to be canceled.

Modificationsof con¬
tract with American
Emigrant Company
assigned to Joy.

S. Doc. 452 - 49

770

TREATY WITH THE SIOUX - BRULE, OGLALA, ETC., 1868.

TREATY WITH THE SIOUX — BRULE, OGLALA, MINICONJOU,
YANKTON AI, HUNKPAPA, BLACKFEET, CUTHEAD, TWO KETTLE,
SANS ARCS, AND SANTEE— AND ARAPAHO, 1868.

Apr. 29, 1868. Articles of a treaty made and concluded by and between Lieutenant-
15 stats., 635. General William I Sherman, General William S. Harney , General

Ratified, Feb. 16, jp Terry, General 0. G Augur , J. B. Henderson , Nathaniel

^Proclaimed, Feb. 24, Taylor , John B. Sanborn, and Samuel F. Tapprnn, duly appointed

commissioners on the part of the United States , and the different
bands of the Sioux Nation of Indians, by their chiefs and head-men,
whose names are hereto subscribed, they being duly authorized to act
in the premises.

war to cease and Article 1. From this day forward all war between the parties to this
peace o e ep . agreement shall forever cease. The Government of the United States
desires peace, and its honor is hereby pledged to keep it. The Indians
desire peace, and they now pledge their honor to maintain it.
the^ndians to^be’ar- ^ men among the whites, or among other people subject to the
rested! etcDS ° L ar authority of the United States, shall commit any wrong upon the per¬
son or property of the Indians, the United States will, upon proof made
to the agent and forwarded to the Commissioner of Indian Affairs at
Washington City, proceed at once to cause the offender to be arrested
and punished according to the laws of the United States, and also
re-imburse the injured person for the loss sustained.
th^Ses°toSbegpun- ^ men among the Indians shall commit a wrong or depredation
ished. upon the person or property of any one, white, black, or Indian, sub¬

ject to the authority of the United States, and at peace therewith, the
Indians herein named solemnly agree that they will, upon proof made
to their agent and notice by him, deliver up the wrong-doer to the
United States, to be tried and punished according to its laws; and in
case they wilfully refuse so to do, the person injured shall be re-
Damages. imbursed for his loss from the annuities or other moneys due or to

become due to them under this or other treaties made with the United
States. And the President, on advising with the Commissioner of
Indian Affairs, shall prescribe such rules and regulations for ascer¬
taining damages under the provisions of this article as in his judgment
may be proper. But no one sustaining loss while violating the pro¬
visions of this treaty or the laws of the United States shall be
re-imbursed therefor.

Reservation bound- Article 2. The United States agrees that the following district of
country, to wit, viz: commencing on the east bank of the Missouri
River where the forty -sixth parallel of north latitude crosses the same,
thence along low-water mark down said east bank to a point opposite
where the northern line of the State of Nebraska strikes the river,
thence west across said river, and along the northern line of Nebraska
to the one hundred and fourth degree of longitude west from Green¬
wich, thence north on said meridian to a point where the forty-sixth
parallel of north latitude intercepts the same, thence due east along
said parallel to the place of beginning; and in addition thereto, all
existing reservations on the east bank of said river shall be, and the
same is, set apart for the absolute and undisturbed use and occupation
of the Indians herein named, and for such other friendly tribes or
individual Indians as from time to time they may be willing, wdtlythe
certain persons not consent of the United States, to admit amongst them; and the United
thereon?r °r reside States now solemnly agrees that no persons except those herein
designated and authorized so to do, and except such officers, agents,
and employes of the Government as may be authorized to enter upon
Indian reservations in discharge of duties enjoined bjr law, shall ever
be permitted to pass over, settle upon, or reside in the territory
described in this article, or in such territory as may be added to this

TREATY WITH THE SIOUX - BRULE, OGLALA, ETC., 1868.

771

reservation for the use of said Indians, and henceforth they will and
do hereby relinquish all claims or right in and to any portion of the
United States or Territories, except such as is embraced within the
limits aforesaid, and except as hereinafter provided.

Article 3. If it should appear from actual survev or other satis- Additional arable
factory examination of said tract of land that it contains less than one ^nd t0 be added- if>
hundred and sixty acres of tillable land for each person who, at the
time, may be authorized to reside on it under the provisions of this
treat}7, and a very considerable number of such persons shall be dis¬
posed to commence cultivating the soil. as farmers, the United States
agrees to set apart, for the use of said Indians, as herein provided,
such additional quantity of arable land, adjoining to said reservation,
or as. near to the same as i t can be obtained, as may be required to
provide the necessary amount.

Article 4. -The United States agrees, at its own proper expense, to Buildings on reser-
construct at some place on the Missouri River, near the center of said vation-
reservation, where timber and water may be convenient, the following
buildings, to wit: a warehouse, a store-room for the use of the agent
in storing goods belonging to the Indians, to cost not less than twenty-
five hundred dollars; an agency-building for the residence of the
agent, to cost not exceeding three thousand dollars; a residence for
the physician, to cost not more than three thousand dollars; and five
other buildings, for a carpenter, farmer, blacksmith, miller, and engi¬
neer, each to cost not exceeding two thousand dollars; also a school-
house or mission-building, so soon as a sufficient number of children
can be induced by the agent to attend school, which shall not cost
exceeding five thousand dollars.

The United States agrees further to cause to be erected on said
reservation, near the other buildings herein authorized, a good steam
circular-saw mill, with a grist-mill and shingle-machine attached to the
same, to cost not exceeding eight thousand dollars.

Article 5. The United States agrees that the agent for said Indians Agent’s residence,
shall in the future make his home at the agency7- building; that he ofiice- and duties-
shall reside among them, and keep an office open at all times for the
purpose of prompt and diligent inquiry into such matters of com¬
plaint by and against the Indians as may be presented for investiga¬
tion under the provisions, of their treaty stipulations, as also for the
faithful discharge of other duties enjoined on him byT law. In all
cases of depredation on person or property he shall cause the evidence
to be taken in writing and forwarded, together with his findings, to the
Commissioner of Indian Affairs, whose decision, subject to the revi¬
sion of the Secretary of the Interior, shall be binding on the parties to
this treaty.

Article 6. If any individual belonging to said tribes of Indians, or Heads of families
legally incorporated with them, being the head of a family, shall Kingfet lands for
desire to commence farming, he shall have the privilege to select, in
the presence and with the assistance of the agent then in charge, a
tract of land within said reservation, not exceeding three hundred and
twenty acres in extent, which tract, when so selected, certified, and
recorded in the “ land-book,” as herein directed, shall cease to be held
in common, but the same may be occupied and held in the exclusive
possession of the person selecting it, and of his family, so long as he
or thev mayr continue to cultivate it.

Any person over eighteen years of age, not being the head of a la^hfe0rrscXyatTon?t
fanlilv, mav in like manner select and cause to be certified to him or
her, for purposes of cultivation, a quantity of land not exceeding eighty
acres in extent, and thereupon be entitled to the exclusive possession *
of the same as above directed.

For each tract of land so selected a certificate, containing a descrip- Certificates,
tion thereof and the name of the person selecting it, with a certificate

772

TREATY WITH THE SIOUX - BRULE, OGLALA, ETC., 1868.

endorsed thereon that the same has been recorded, shall be delivered
to the party entitled to it, by the agent, after the same shall have been
recorded by him in a book to be kept in his office, subject to inspec¬
tion, which said book shall be known as the u Sioux Land-Book.”
Surveys. The President may, at any time, order a survey of the reservation,

and, when so surveyed, Congress shall provide for protecting the rights
. of said settlers in their improvements, and may fix the character of the
title held by each. The United States may pass such laws on the sub-
sceifo^properS? de~ ject of alienation and descent of property between the Indians and
their descendants as may be thought proper. And it is further stipu¬
lated that any male Indians, over eighteen years of age, of any band
or tribe that is or shall hereafter become a party to this treaty, who
now is or who shall hereafter become a resident or occupant of any
reservation or Territory not included in the tract of country designated
and described in this treaty for the permanent home of the Indians,
which is not mineral land, nor reserved by the United States for spe¬
cial purposes other than Indian occupation, and who shall have made
improvements thereon of the value of two hundred dollars or more,
and continuously occupied the same as a homestead for the term of
three years, shall be entitled to receive from the United States a patent
Tecei^patenSforiw ^or one hundred and sixty acres of land including his said improve-
.acres of land. ments, the same to be in the form of the legal subdivisions of the sur¬

veys of the public lands. Upon application in writing, sustained by
the proof of two disinterested witnesses, made to the register of the
local land -office when the land sought to be entered is within a land
district, and when the tract sought to be entered is not in any land
district, then upon said application and proof being made to the Com¬
missioner of the General Land-Office, and the right of such Indian or
Indians to enter such tract or tracts of land shall accrue and be perfect
from the date of his first improvements thereon, and shall continue as
long as he continues his residence and improvements, and no longer.
Such Indians receiv- And any Indian or Indians receiving a patent for land under the fore-
cinzen^oftethebunited going provisions, shall thereby and from thenceforth become and be a
states. citizen of the United States, and be entitled to all the privileges and

immunities of such citizens, and shall, at the same time, retain all his
rights to benefits accruing to Indians under this treaty.

Education. Article 7. In order to insure the civilization of the Indians enter¬

ing into this treaty, the necessity of education is admitted, especially
of such of them as are or may be settled on said agricultural reserva-
chiidren to attend tions, and they therefore pledge themselves to compel their children,
male and female, between the ages of six and sixteen years, to attend
school; and it is hereby made the duty of the agent for said Indians
to see that this stipulation is strictly complied with; and the United
States agrees that for every thirty children between said ages who can
schooihouses and be induced or compelled to attend school, a house shall be provided
teachers. and a teacher competent to teach the elementary branches of an Eng¬

lish education shall be furnished, who will reside among said Indians,
and faithfully discharge his or her duties as a teacher. The provisions
of this article to continue for not less than twenty years,
seeds and agricui- Article 8. When the head of a family or lodge shall have selected
turai implements. ian<js an(j receiyed his certificate as above directed, and the agent shall
be satisfied that he intends in good faith to commence cultivating the
soil for a living, he shall be entitled to receive seeds and agricultural
implements for the first year, not exceeding in value one hundred dol¬
lars, and for each succeeding year he shall continue to farm, for a
period of three years more, he shall be entitled to receive seeds and
implements as aforesaid, not exceeding in value twenty -five dollars.
Instructions in And it is further stipulated that such persons as commence farming
farming. shall receive instruction from the farmer herein provided for, and

whenever more than one hundred persons shall enter upon the cultiva-
second blacksmith, tion of the soil, a second blacksmith shall be provided, with such iron,
steel, and other material as may be needed.

TREATY WITH THE SIOUX - BRULE, OGLALA, ETC., 1868.

773

Article 9. At any time after ten years from the making- of this Physician, farmer,
treaty, the United States shall have the privilege of withdrawing the drawnmay be wUh'
physician, farmer, blacksmith, carpenter, engineer, and miller herein
provided for, but in case of such withdrawal, an additional sum there- Additfonai appro-
after of ten thousand dollars per annum shall be devoted to the educa- pnatl0n m such cases-
tion of said Indians, and the Commissioner of Indian Affairs shall,
upon careful inquiry into their condition, make such rules and regu¬
lations for the expenditure of said sum as will best promote the edu¬
cational and moral improvement of said tribes.

Article 10. In lieu of all sums of money or other annuities pro- -Delivery of goods in
vided to be paid to the Indians herein named, under any treaty or anniRties°neyorot er
treaties heretofore made, the United States agrees to deliver at the
agency-house on the reservation herein named, on or before the first
day of August of each year, for thirty years, the following articles,
to wit:

For each male person over fourteen years of age, a suit of good sub- clothing,
stantial woolen clothing, consisting of coat, pantaloons, flannel shirt,
hat, and a pair of home-made socks.

For each female over twelve years of age, a flannel skirt, or the
goods necessary to make it, a pair of woolen hose, twelve yards of
calico, and twelve yards of cotton domestics.

For the boys and" girls under the ages named, such flannel and cotton
goods as may be needed to make each a suit as aforesaid, together with
a pair of woolen hose for each.

And in order that the Commissioner of Indian Affairs may be able census,
to estimate properly for the articles herein named, it shall be the duty
of the agent each year to forward to him a full and exact census of the
Indians, on which the estimate from year to year can be based.

And in addition to the clothing herein named, the sum of ten dollars other necessary ar-
for each person entitled to the beneficial effects of this treaty shall be ticles'
annually appropriated for a period of thirty years, while such persons
roam and hunt, and twenty dollars for each person who engages in
farming, to be used by the Secretary of the Interior in the purchase of
such articles as from time to time the condition and necessities of the
Indians may indicate to be proper. And if within the thirty years, at Appropriation to
any time, it shall appear that the amount of money needed for cloth- years!™6 for thirty
ing under this article can be appropriated to better uses for the Indians
named herein, Congress may, by law, change the appropriation to other
purposes; but in no event shall the amount of this appropriation be
withdrawn or discontinued for the period named. And the President
shall annually detail an officer of the Army to be present and attest the A™w officer to at-
delivery of all the goods herein named to the Indians, and he shall ten 1 e e lvery-
inspect and report on the quantity and quality of the goods and the
manner of their delivery. And it is hereby expressly stipulated that
each Indian over the age of four years, who shall have removed to and
settled permanently upon said reservation and complied with the stip¬
ulations of this treaty, shall be entitled to receive from the United
States, for the period of four years after he shall have settled upon
said reservation, one pound of meat and one pound of flour per day, Meat and flour,
provided the Indians cannot furnish their own subsistence at an earlier
date. And it is further stipulated that the United States will furnish
and deliver to each lodge of Indians or family of persons legally incor¬
porated with them, who shall remove to the reservation herein described
and commence farming, one good American cow, and one good well- cows and oxen,
broken pair of American oxen within sixty days after such lodge or
family shall have so settled upon said reservation.

Article 11. In consideration of the advantages and benefits con- Right to cjccupy ter-
ferred by this treaty, and the many pledges of friendship by the resTrvatffin^u? r en®
United States, the tribes who are parties to this agreement hereby dered-
stipulate that they will relinquish all right to occupy permanently the
territory outside their reservation as herein defined, but yet reserve

774

TREATY WITH THE SIOUX - BRULE, OGLALA, ETC., 1868.

Right to hunt re¬
served.

Agreements as to
railroads.

Emigrants, etc.

Women and chil¬
dren.

White men.

Pacific Railroad,
wagon roads, etc.

Damages for crossing
their reservation.

Military posts and
xoads.

No treaty for cession
of reservation to he
valid unless, etc.

United States to
furnish physician,
teachers, etc.

Presents for crops.

Reservation to he
permanent home of
tribes.

Unceded Indian
territory.

Not to be occupied
by whites, etc.

the right to hunt oil any lands north of North Platte, and on the
Republican Fork of the Smoky Hill River, so long as the buffalo may
range thereon in such numbers as to justify the chase. And they, the
said Indians, further expressly agree:

1st, That they will withdraw all opposition to the construction of
the railroads now being built on the plains.

2d. That they will permit the peaceful construction of any railroad
not passing over their reservation as herein defined.

3d. That they will not attack any persons at home, or travelling, nor
molest or disturb any wagon-trains, coaches, mules, or cattle belong¬
ing to the people of the United States, or to persons friendly therewith.

4th. They will never capture, or carry off from the settlements, white
women or children.

5th. They will never kill or scalp white men. nor attempt to do them
harm.

6th. They withdraw all pretence of opposition to the construction of
the railroad now being built along the Platte River and westward to
the Pacific Ocean, and they will not in future object to the construc¬
tion of railroads, wagon-roads, mail-stations, or other works of utility
or necessity, which may be ordered or permitted by the laws of the
United States. But should such roads or other works be constructed
on the lands of their reservation, the Government will pay the tribe
whatever amount of damage may be ■ assessed by three disinterested
commissioners to be appointed by the President for that purpose, one
of said commissioners to be a chief or head-man of the tribe.

7th. They agree to withdraw all opposition to the military posts or
roads now established south of the North Platte River, or that may be
established, not in violation of treaties heretofore made or hereafter
to be made with any of the Indian tribes.

Article 12. No treaty for the cession of any portion or part of the
reservation herein described which may be held in common shall be of
any validity or force as against the said Indians, unless executed and
signed by at least three-fourths of all the adult male Indians, occupy¬
ing or interested in the same; and no cession by the tribe shall be
understood or construed in such manner as to deprive, without his
consent, any individual member of the tribe of his rights to any tract
of land selected by him, as provided in article 6 of this treaty.

Article 13. The United States hereby agrees to furnish annually
to the Indians the physician, teachers, carpenter, miller, engineer,
farmer, and blacksmiths as herein contemplated, and that such appro¬
priations shall be made from time to time, on the estimates of the Sec¬
retary of the Interior, as will be sufficient to employ such persons.

Article 14. It is agreed that the sum of five hundred dollars annu¬
ally, for three years from date, shall be expended in presents to the
ten persons of said tribe who in the judgment of the agent may grow7
the most valuable crops for the respective year.

Article 15. The Indians herein named agree that when the agency-
house or other buildings shall be constructed on the reservation named,
they will regard said reservation their permanent home, and they
w ill make no permanent settlement elsewhere; but they shall have the
right, subject to the conditions and modifications of this treaty, to
hunt, as stipulated in Article 11 hereof.

Article 16. The United States hereby agrees and stipulates that
the country north of the North Platte River and east of the summits
of the Big Horn Mountains shall be held and considered to be unceded
Indian territory, and also stipulates and agrees that no white person
or persons shall be permitted to settle upon or occupy any portion of
the same; or without the consent of the Indians first had and obtained,
to pass through the same; and it is further agreed by the United
States that within ninety days after the conclusion of peace with all

TREATY WITH THE CROWS, 1868.

775

the bands of the Sioux Nation, the military posts now established in
the territory in this article named shall be abandoned, and that the
road leading to them and by them to the settlements in the Territory
of Montana shall be closed.

Article 17. It is hereby expressly understood and agreed by and
between the respective parties to this treaty that the execution of this
treaty and its ratification by the United ^States Senate shall have the
effect, and shall be construed as abrogating and annulling all treaties
and agreements heretofore entered into between the respective parties
hereto, so far as such treaties and agreements obligate the United
States to furnish and provide money, clothing, or other articles of
property to such Indians and bands of Indians as become parties to
this treaty, but no further.

TREATY WITH THE CROWS, 1868.

Articles of a treaty made and concluded at Fort Laramie , Dakota Ter¬
ritory , on the seventh day of May, in the year of our Lord one thousand
eight hundred and sixty -eight, by and between the undersigned com¬
missioners on the part of the United States, and the undersigned chiefs
and head-men of and representing the Crow Lndians , they being duty
authorized to act in the premises.

Article 1. From this day forward peace between the parties to this
treaty shall forever continue. The Government of the United States
desires peace, and its honor is hereb}r pledged to keep it. The Indians
desire peace, and they hereby pledge their honor to maintain it. If
bad men among the whites or among other people, subject to the
authority of the United States, shall commit any wrong upon the
person or property of the Indians, the United States will, upon proof
made to the agent and forwarded to the Commissioner of Indian Affairs
at Washington City, proceed at once to cause the offender to be arrested
and punished according to the laws of the United States, and also
re-imburse the injured person for the loss sustained.

If bad men among the Indians shall commit a wrong or depredation
upon the person or property of any one, white, black, or Indian, sub¬
ject to the authority of the United States and at peace therewith, the
Indians herein named solemnly agree that they will, on proof made to
their agent and notice by him, deliver up the wrong-doer to the United
States, to be tried and punished according to its laws; and in case
they refuse willfully so to do the person injured shall be re-imbursed
for his loss from the annuities or other moneys due or to become due
to them under this or other treaties made with the United States.
And the President, on advising with the Commissioner of Indian
Affairs, shall prescribe such rules and regulations for ascertaining
damages under the provisions of this article as in his judgment may
be proper. But no such damages shall be adjusted and paid until
thoroughly examined and passed upon by the Commissioner of Indian
Affairs, and no one sustaining loss while violating, or because of his
violating, the provisions of this treaty or the laws of the United States
shall be re-imbursed therefor.

Article 2, The United States agrees that the following district of
country, to wit: commencing where the 107th degree of longitude west
of Greenwich crosses the south boundary of Montana Territory; thence
north along said 107th meridian to the mid-channel of the Yellowstone
River; thence up said mid-channel of the Yellowstone to the point
where it crosses the said southern boundary of Montana, being the
45th degree of north latitude; and thence east along said parallel of

Effect of this treaty
upon former treaties.

May 7, 1868.

16 Stats., 649.
Ratified, July 25,
1868.

Proclaimed Aug.
12, 1868.

Peace and friend¬
ship.

Offenders a mo n g
the whites to be ar¬
rested and punished.

Among the Indians,
to be given up to the
United States or, etc.

Rules for ascertain¬
ing damages.

Reservation bound¬
aries.

776

TKEATY WITH THE CROWS, 1888

Who not to reside
thereon.

Buildings to he
erected by the United
States. .

Reservation to be
the permanent home
of the Indians.

Agent to make his
home and reside
where.

His duties.

Heads of families
desiring to commence
farming may select
lands, etc.

Effect of such selec¬
tion.

Persons not heads
of families.

latitude to the place of beginning, shall be, and the same is, set apart
for the absolute and undisturbed use and occupation of the Indians
herein named, and for such other friendly tribes or individual Indians
as from to time they may be willing, with the consent of the United
States, to admit amongst them; and the United States now solemnly
agrees that no persons, except those herein designated and authorized
so to do, and except such officers, agents, and employes of the Gov¬
ernment as may be authorized to enter upon Indian reservations in
discharge of duties enjoined by law, shall ever be permitted to pass
over, settle upon, or reside in the territory described in this article for
the use of said Indians, and henceforth the}^ will, and do hereby, relin¬
quish all title, claims, or rights in and to any portion of the territory
of the United States, except such as is embraced within the limits
aforesaid.

Article 3. The United States agrees, at its own proper expense, to
construct on the south side of the Yellowstone, near Otter Creek, a
warehouse or store-room for the use of the agent in storing goods
belonging to the Indians, to cost not exceeding twentjT-five hundred
dollars; an agency-building for the residence of the agent, to cost not
exceeding three thousand dollars; a residence for the physician, to cost
not more than three thousand dollars; and five other building, for a
carpenter, farmer, blacksmith, miller, and engineer, each to cost not
exceeding two thousand dollars; also a school-house or mission-build¬
ing, so soon as a sufficient number of children can be induced by the
agent to attend school, which shall not cost exceeding twenty-five hun¬
dred dollars.

The United States agrees further to cause to be erected on said reser¬
vation, near the other buildings herein authorized, a good steam circu¬
lar saw-mill, with a grist-mill and shingle-machine attached, the same
to cost not exceeding eight thousand dollars.

Article 4. The Indians herein named agree, when the agency-house
and other buildings shall be constructed on the reservation named, they
will make said reservation their permanent home, and they will make
no permanent settlement elsewhere, but they shall have the right to
hunt on the unoccupied lands of the United States so long as game may
be found thereon, and as long as peace subsists among the whites and
Indians on the borders of the hunting districts.

Article 5. The United States agrees that the agent for said Indians
shall in the future make his home at the agency-building; that he shall
reside among them, and keep an office open at all times for the purpose
of prompt and diligent inquiry into such matters of complaint, by and
against the Indians, as may be presented for investigation under the
provisions of their treaty stipulations, as also for the faithful discharge
of other duties enjoined on him by law. In all cases of depredation on
person or property, he shall cause the evidence to be taken in writing
and forwarded, together with his finding, to the Commissioner of
Indian Affairs, whose decision shall be binding on the parties to this
treaty.

Any person over eighteen years of age, not being the head of a
family, may in like manner select and cause to be certified to him or
her, for purposes of cultivation, a quantity of land not exceeding

TREATY WITH THE CROWS, 1868.

777

eighty acres in extent, and thereupon be entitled to the exclusive pos¬
session of the same as above directed.

For each tract of land so selected a certificate, containing a descrip¬
tion thereof and the name of the person selecting it, with a certificate
endorsed thereon that the same has been recorded, shall be delivered
to the party entitled to it by the agent, after the same shall have been
recorded by him in a book to be kept in his office, subject to inspec¬
tion, which said book shall be known as the “Crow land book.”

The President may at any time order a survey of the reservation
and when so surveyed, Congress shall provide for protecting the
rights of settlers in their improvements, and may fix the character of
the title held by each. The United States may pass such laws on the
subject of alienation and descent of property "as between Indians, and
on all subjects connected with the government of the Indians on said
reservations and the internal police thereof, as may be thought proper.

Article 7. In order to insure the civilization of the tribe entering
into this treatj^, the necessity of education is admitted, especially by
such of them as are, or may be, settled on said agricultural reserva¬
tion; and they therefore pledge themselves to compel their children,
male and female, between the ages of six and sixteen years, to attend
school; and it is hereby made the duty of the agent for said Indians to
see that this stipulation is strictly complied with; and the United
States agrees that for every thirty children, between said ages, who
can be induced or compelled to attend school, a house shall be provided,
and a teacher, competent to teach the elementary branches of an Eng¬
lish education, shall be furnished, who will reside among said Indians,
and faithfully discharge his or her duties as a teacher. The provisions
of this article to continue for twenty years.

Article 8. When the head of a family or lodge shall have selected
lands and received his certificate as above directed, and the agent
shall be satisfied that he intends in good faith to commence cultivating
the soil for a living, he shall be entitled to receive seeds and agricul¬
tural implements for the first year in value one hundred dollars, and
for each succeeding year he shall continue to farm, for a period of
three years more, he shall be entitled to receive seeds arid implements
as aforesaid in value twenty-five dollars per annum.

And it is further stipulated that such persons as commence farming
shall receive instructions from the farmer herein provided for, and mg‘
whenever more than one hundred persons shall enter upon the cultiva¬
tion of the soil, a second blacksmith shall be provided, with such iron,
steel, and other material as may be required.

Article 9. In lieu of all sums of money or other annuities provided in^u oYmLeyS
to be paid to the Indians herein named, under any and all treaties annuities,
heretofore made with them, the United States agrees to deliver at the
agency house, on the reservation herein provided for, on the first day
of September of each year for thirty years, the following articles,
to wit:

For each male person, over fourteen years of age, a suit of good sub- clothing,
stantial woolen clothing, consisting of coat, hat, pantaloons, flannel
shirt, and a pair of woolen socks.

For each female, over twelve years of age, a flannel skirt, or the
goods necessary to make it, a pair of woolen hose, twelve yards of
calico, and twelve yards of cotton domestics.

For the boys and girls under the ages named, such flannel and cot¬
ton goods as may be needed to make each a suit as aforesaid, together
with a pair of woollen hose for each.

And in order that the Commissioner of Indian Aflairs may be able Census-
to estimate properly for the articles herein named, it shall be the duty
of the agent, each year, to forward to him a full and exact census of
the Indians, on which the estimate from year to year can bo basea.

And, in addition to the clothing herein named, the sum of ten aol- tionTmone^for tin
lars shall be annually appropriated for each Indian roaming, and twenty years.

Certificate of selec¬
tion to be delivered,
etc., to be recorded.

Survey.

Alienation and de¬
scent of property.

Children between
6 and 16 to attend
school.

Duty of agent.

Schoolhouses and
teachers.

Seeds and agricul¬
tural implements.

Instruction in farm-

778

TREATY WITH THE NORTHERN CHEYENNE, ETC., 1&68.

May be changed.

Cession of reserva¬
tion not to be valid,
unless, etc.

dollars for each Indian engaged in agriculture, for a period of ‘ten
years, to be used by the Secretary of the Interior in the purchase of
such articles as, from time to time, the condition and necessities of the
Indians may indicate to be proper. And if, at any time within the ten
years, it shall appear that the amount of money needed for clothing,
under this article, can be appropriated to better uses for the tribe
herein named, Congress may, by law, change the appropriation to
other purposes; but in no event shall the amount of this appropriation
be withdrawn or discontinued for the period named. And the Presi¬
dent shall annually detail an officer of the Army to be present and
attest the delivery of all the goods herein named to the Indians, and
he shall inspect and report on the quantity and quality of the goods
and the manner of their delivery; and it is expressly stipulated that
each Indian over the age of four years, who shall have removed to and
settled permanently upon said reservation, and complied with the stip¬
ulations of this treaty, shall be entitled to receive from the United
States, for the period of four years after he shall have settled upon
said reservation, one pound of meat and one pound of flour per day,
provided the Indians cannot furnish their own subsistence at an earlier
date. And it is further stipulated that the United States will furnish
and deliver to each lodge of Indians, or family of persons legally incor¬
porated with them, who shall remove to the reservation herein described,
and commence farming, one good American cow and one good, well-
broken pair of American oxen, within sixty days after such lodge or
family shall have so settled upon said reservation.

Article 10. The United States hereby agrees to furnish annually
to the Indians the physician, teachers, carpenter, miller, engineer,
farmer, and blacksmiths as herein contemplated, and that such appro¬
priations shall be made from time to time, on the estimates of the
Secretary of the Interior, as will be sufficient to employ such persons.

Article 11. No treaty for the cession of any portion of the reser¬
vation herein described, which may be held in common, shall be of any
force or validity as against the said Indians unless executed and signed
by, at least, a majority of all the adult male Indians occupying or
interested in the same, and no cession by the tribe shall be understood
or construed in such a manner as to deprive, without his consent, any
individual member of the tribe of his right to any tract of land
selected by him as provided in Article 6 of this treaty.

Article 12. It is agreed that the sum of five hundred dollars
annually, for three years from the date when they commence to culti¬
vate a farm, shall be expended in presents to the ten persons of said
tribe who, in the judgment of the agent, may grow the most valuable
crops for the respective year.

TREATY WITH THE NORTHERN CHEYENNE AND NORTHERN
ARAPAHO, 1868.

May io, 1868. Articles of a treaty made and concluded at Fort Laramie , Dakota Ter¬
ritory , on the tenth day of May , in the year of our Lord one thousand
eight hundred and sixty-eight , by and between the undersigned com¬
missioners on the part of the United States , and the undersigned
chiefs and head-men of and representing the Northern Cheyenne and
Northern Arapahoe Indians , they being duly authorized to act in. the
premises.

Article 1. From this day forward peace between the parties to
this treaty shall forever continue. The Government of the United
States desires peace, and its honor is hereby pledged to keep it. The
Indians desire peace, and they hereby pledge their honor to maintain

15 Stats., 655.
Ratified July 25,
1868.

Proclaimed Aug. 25,
1868.

Peace and triend-

TREATY WITH THE NORTHERN CHEYENNE, ETC., 1868.

779

it. If bad men among- the whites, or among other people subject to
the authority of the 1j nited States, shall commit any wrong upon the
person or property of the Indians, the United States will, upon proof
made to the agent and forwarded to the Commissioner of Indian
Affairs at Washington City, proceed at once to cause the offender to
be arrested and punished according to the laws of the United States,
and also reimburse the injured person for the loss sustained.

If bad men among the Indians shall commit a wrong or depredation
upon the person or property of any one, white, black, or Indian, sub¬
ject to the authority of the United States and at peace therewith, the
Indians herein named, solemnly agree that they will, on proof made to
their agent and notice by him, deliver up the wrong-doer to the
L nited States, to be tried and punished according to its laws; and in
case they wilfully refuse so to do, the person injured shall be reim¬
bursed for his loss from the annuities or other moneys due or to become
due to them under this or other treaties made with the United States.
And the President, on advising with the Commissioner of Indian Aff airs,
shall prescribe such rules and regulations for ascertaining damages
under the provisions of this article as in his judgment may be proper.
But no such damages shall be adjusted and paid until thoroughly
examined and passed upon by the Commissioner of Indian Affairs, and
no one sustaining loss while Violating or because of his violating the
provisions of this treaty or the laws of the United States shall be
reimbursed therefor.

Article 2. The Indians, parties to this treaty, hereby agree to
accept for their permanent home some portion of the tract of country
set apart and designated as a permanent reservation for the Southern
Cheyenne and Arapahoe Indians by a treaty entered into by and
between them and the United States, at Medicine Lodge Creek, on
the — day of October, eighteen hundred and sixty-seven, or some por¬
tion of the countiy and reservation set apart and designated as a per¬
manent home for the Brule and other bands of Sioux Indians, by a
treaty entered into by and between said Indians and the United States,
at Fort Laramie, D. T., on the twenty-ninth day of April, eighteen
hundred and sixty-eight. And the Northern Cheyenne and Arapahoe
Indians do hereby relinquish, release, and surrender to the United
States, all right, claim, and interest in and to all territory outside the
two reservations above mentioned, except the right to roam and hunt
while game shall be found in sufficient quantities to justify the chase.
And they do solemnly agree that they will not build any permanent
homes outside of said reservations, and that within one year from this
date they will attach themselves permanently either to the agency pro¬
vided for near the mouth of Medicine Lodge Creek, or to the agency
about to be established on the Missouri River, near Fort Randall, or
to the Crow agency near Otter Creek, on the Yellowstone River, pro¬
vided for by treaty of the seventh day of May, eighteen hundred and
sixty-eight, entered into by and between the United States and said
Crow Indians, at Fort Laramie, D. T. ; and it is hereby expressly
understood that one portion of said Indians may attach themselves to
one of the afore-mentioned reservations, and another portion to
another of said reservations, as each part or portion of said Indians
may elect.

Article 3. If any individual belonging to said tribes of Indians, or
legally incorporated with them, being the head of a family, shall
desire to commence farming, he shall have the privilege to select, in
the presence and with the assistance of the agent then in charge, a
tract of land within said reservations not exceeding three hundred and
twenty acres in extent, which tract, when so selected, certified, and
recorded in the “Land Book” as herein directed, shall cease to be
held in common, but the same may be occupied and held in the exclu-

Offenders among
the whites to be ar¬
rested and punished.

Among the Indians,
to be given up to the
United States, etc.

Rules for ascertain¬
ing damages.

Reservation.

Territory outside
surrendered.

To belong to what
agency.

Selection of reserva¬
tion.

Heads of families
desiring to commence
farming may select
lands, etc.

Effect of such selec¬
tion.

780

Persons not heads
of families.

Certificates of selec¬
tion to be delivered,
etc.

To be recorded.

Survey.

Alienation and de¬
scent of property.

Children between
6 and 16 to attend
school.

Duty of agent.

Schoolhouses and
teachers.

Seeds and agricul¬
tural implements.

Instructions in
farming.

Delivery of articles
in lieu of money and
annuities.

Clothing.

TREATY WITH THE NORTHERN CHEYENNE, ETC., 1868.

sive possession of the person selecting it, and of his family, so long as
he or they may continue to cultivate it.

Any person over eighteen years of age, not being the head of a
family, may in like manner select and cause to be certified to him or
her, for purposes of cultivation, a quantity of land not exceeding
eighty acres in extent, and thereupon be entitled to the exclusive pos¬
session of the same as above directed.

For each tract of land so selected a certificate containing a descrip
tion thereof and the name of the person selecting it, with a certificate
endorsed thereon that the same has been recorded, shall be delivered
to the party entitled to it by the agent after the same shall have been
recorded by him in a book to be kept in his office, subject to inspection,
which said book shall be known as the “ Northern Cheyenne and Arap¬
ahoe Land Book.”

The President may, at any time, order a survey of the reservation;
and when so surveyed. Congress shall provide for protecting the
rights of settlers in their improvements, and may fix the character of
the title held by each.

The United States may pass such laws on the subject of alienation
and descent of property as between Indians and on all subjects con¬
nected with the government of the Indians on said reservations, and
the internal police thereof, as may be thought proper.

Article 4. In order to insure the civilization of the tribe entering
into this treaty, the necessity of education is admitted, especially by
such of them as are or may be settled on said agricultural reservation,
and they therefore pledge themselves to compel their children, male
and female, between the ages of six and sixteen years, to attend school;
and it is hereby made the duty of the agent for said Indians to see
that this stipulation is strictly complied with; and the United States
agrees that for every thirty children, between said ages, who can be
induced or compelled to attend school, a house shall be provided, and
a teacher, competent to teach the elementary branches of an English
education, shall be furnished, who will reside among said Indians, and
faithfully discharge his or her duties as a teacher. The provisions of
this article to continue for twenty years.

Article 5. When the head of a family or lodge shall have selected
lands, and received his certificate as above directed, and the agent
shall be satisfied that he intends in good faith to commence cultivating
the soil for a living, he shall be entitled to receive seeds and agricul¬
tural implements for the first year in value one hundred dollars, and
for each succeeding year he shall continue to farm for a period of
three years more he shall be entitled to receive seeds and implements
as aforesaid in value twenty-five dollars per annum.

And it is further stipulated that such persons as commence farming
shall receive instructions from the farmer herein provided for, and
whenever more than one hundred persons shall enter upon the culti¬
vation of the soil a second blacksmith shall be provided, with such
iron, steel, and other material as may be needed.

Article 6. In lieu of all sums of money or other annuities provided
to be paid to the Indians herein named, under any and all treaties
heretofore made with them, the United States agrees to deliver at the
agency-house, on the reservations herein provided for, on the first
day of September of each year, for thirty years, the following arti¬
cles, to wit:

For each male person over fourteen years of age, a suit of good
substantial woolen clothing, consisting of coat, hat, pantaloons, flannel
shirt, and a pair of woolen socks.

For each female over twelve years of age, a flannel skirt, or the
goods necessary to make it, a pair of woolen hose, twelve yards of
calico, and twelve yards of cotton domestics.

TREATY WITH THE NORTHERN CHEYENNE, ETC., 1868.

781

For the boys and girls under the ages named, such flannel and cotton
goods as may be needed to make each a suit, as aforesaid, together
with a pair of woolen hose for each.

And in order that the Commissioner of Indian Affairs may be able
to estimate properly for the articles herein named, it shall be the duty
of the agent each year to forward to him a full and exact census of
the Indians, on which the estimates from year to year can be based.

And, in addition to the clothing herein named, the sum of ten dol-
lais shall be annually appropriated for each Indian roaming, and
twenty dollars for each Indian engaged in agriculture, for a period of
ten years, to be used by the Secretary of the Interior in the purchase
of such articles as from time to time the condition and necessities of
the Indians may indicate to be proper. And if, at any time within
the ten years, it shall appear that the amount of money needed for
clothing under this article can be appropriated to better uses for the
tribes herein named, Congress may by law change the appropriation
to other purposes; but in no event shall the amount of this appropri¬
ation be withdrawn or discontinued for the period named. And the
President shall annually detail an officer of the Army to be present
and attest the delivery of all the goods, herein named, to the Indians, and
he shall inspect and report on the quantity and quality of the goods
and the manner of their delivery ; and it is expressly stipulated that
each Indian over the age of four years, who shall have removed to and
settled permanently upon said reservation and complied with the stip¬
ulations of this treaty, shall be entitled to receive from the United
States, for the period of four years after he shall have settled upon
said reservation, one pound of meat and one pound of flour per day,
provided that the Indians cannot furnish their own subsistence at an
earlier date; and it is further stipulated that the United States will
furnish and deliver to each lodge of Indians, or family of persons
legally incorporated with them, who shall remove to the reservation
herein described and commence farming, one good American cow and
one well-broken pair of American oxen, within 'sixty days after such
lodge or family snail have so settled upon said reservation.

Article 7. The United States hereby agrees to furnish annually to
the Indians who settle upon the reservation a physician, teachers, car¬
penter, miller, engineer, farmer, and blacksmiths, as herein contem¬
plated, and that such appropriations shall be made from time to time
on the estimates of the Secretary of the Interior as will be sufficient to
employ such persons.

Article 8. No treaty for the cession of any portion of the reserva¬
tions herein described, which may be held in common, shall be of any
force or validity as against the said Indians unless executed and signed
b}7 at least a majority of all the adult male Indians, occupying or inter¬
ested in the same; and no cession by the tribe shall be understood or
construed in such manner as to deprive, without his consent, any indi¬
vidual member of the tribe of his right to any tract of land selected
by him, as hereinbefore provided.

Article 9. It is agreed that the sum of five hundred dollars annu¬
ally for three years, from the date when they commenced to cultivate
a farm, shall be expended in presents to the ten persons of said tribe
who, in the judgment of the agent, may grow the most valuable crops
ior the respective year.

Census.

Annual appropria¬
tion in money foi} ten
years.

May be changed.

Army officer to at¬
tend the delivery of
goods.

Subsistence.

Cow and oxen to
each family.

Physician, teachers,
etc.

Cession of reserva¬
tion not to be valid
unless, etc.

Annual presents for
most valuable crops.

782

TREATY WITH THE NAVAHO, 1868.

15 Slats,, p. 667.
Ratified July

Peace and friend-

Offenders among
the whites to be ar¬
rested and punished.

, Among the Indians,
to be given up to the
United States, etc.

Reservation bound-

Buil dings to be
erected by the United
States.

TREATY WITH THE NAVAHO, 1868.

Articles of a treaty and agreement made and entered into at Fort Sum¬
ner , New Mexico , on the first day of June , one thousand ■ eight hun-
• dred and sixty-eight , by and between the United States, represented
by its commissioners , Lieutenant- General W. T. Sherman and Col¬
onel Samuel F. Tappan, of the one part , and the Navajo Nation or
tribe of Indians, represented by their chiefs and head-men, duly author¬
ized and empowered to act for the whole people of said nation or
tribe, ( the names of said chiefs and head-men being hereto subscribed ,)
of the other part, witness:

Article 1. From this day forward all war between the parties to
this agreement shall forever cease. The Government of the United
States desires peace, and its honor is hereby pledged to keep it. The
Indians desire peace, and they now pledge their honor to keep it.

If bad men among the whites, or among other people subject to the
authority of the United States, shall commit any wrong upon the per¬
son or property of the Indians, the United States will, upon proof
made to the agent and forwarded to the Commissioner of Indian Affairs
at W ashington City, proceed at once to cause the offender to be arrested
and punished according to the laws of the United States, and also to
reimburse the injured persons for the loss sustained.

If the bad men among the Indians shall commit a wrong or depre¬
dation upon the person or property of any one, white, black, or Indian,
subject to the authority of the United States and at peace therewith,
the Navajo tribe agree that they will, on proof made to their agent,
and on notice by him, deliver up the wrongdoer to the United States,
to be tried and punished according to its laws; and in case they wil¬
fully refuse so to do, the person injured shall be reimbursed for his
loss from the annuities or other moneys due or to become due to them
under this treaty, or any others that may be made with the United
States. And the President may prescribe such rules and regulations for
ascertaining damages under this article as in his judgment may be
be proper; but no such damage shall be adjusted and paid until exam¬
ined and passed upon by the Commissioner of Indian Affairs, and no
one sustaining loss whilst violating, or because of his violating, the
provisions of this treaty or the laws of the United States, shall be
reimbursed therefor.

Article 2. The United States agrees that the following district of
country, to wit: bounded on the north by the 37th degree of north
latitude, south by an east and west line passing through the site of old
Fort Defiance, in Canon Bonito, east by the parallel of longitude
which, if prolonged south, would pass through old Fort Lyon, or the
Ojo-de-oso, Bear Spring, and west by a parallel of longitude about
109° 30' west of Greenwich, provided it embraces the outlet of the
Canon-de-Chilly, which canon is to be all included in this reservation,
shall be, and the same is hereby, set apart for the use and occupation
of the Navajo tribe of Indians, and for such other friendly tribes or
individual Indians as from time to time they may be willing, with the
consent of the United States, to admit among them; and the United
States agrees that no persons except those herein so authorized to do,
and except such officers, soldiers, agents, and employes of the Govern¬
ment, or of the Indians, as may be authorized to enter upon Indian
reservations in discharge of duties imposed by law, or the orders of
the President, shall ever be permitted to pass over, settle upon, or
reside in, the territory described in this article.

Article 3. The United States agrees to cause to be built, at some
point within said reservation, where timber and water may be con¬
venient, the following buildings: a warehouse, to cost not exceeding

TREATY WITH THE NAVAHO, 1868.

783

twenty-five hundred dollars; an agency building for the residence of the
agent^ not to cost exceeding three thousand dollars; a carpenter-shop
and blacksmith-shop, not to cost exceeding one thousand cfollars each;
and a schoolhouse and chapel, so soon as a sufficient number of children
can be induced to attend school, which shall not cost to exceed five
thousand dollars.

Article 4. The United States agrees that the agent for the Navajos
shall make his home at the agency building; that he shall reside among
them, and shall keep an office open at all times for the purpose of
pronipt and diligent inquiry into such matters of complaint by or
against the Indians as may be presented for investigation, as also for
the faithful discharge of other duties enjoined by law. In all cases of
depredation on person or property he shall cause the evidence to be
taken in writing and forwarded, together with his finding, to the Com¬
missioner of Indian Affairs, whose decision shall be binding on the
parties to this treaty.

Article 5. If any individual belonging to said tribe, or legally
incorporated with it, being the head of a family, shall desire to com¬
mence farming, he shall have the privilege to select, in the presence
and with the assistance of the agent then in charge, a tract of land
within said reservation, not exceeding one hundred and sixty acres in
extent, which tract, when so selected, certified, and recorded in the
“land-book” as herein described, shall cease to be held in common,
but the same may be occupied and held in the exclusive possession of
the person selecting it, and of his family, so long as he or they may
continue to cultivate it.

Any person over eighteen years of age, not being the head of a
family, may in like manner select, and cause to be certified to him or
her for purposes of cultivation, a quantity of land, not exceeding
eighty acres in extent, and thereupon be entitled to the exclusive pos¬
session of the same as above directed.

For each tract of land so selected a certificate containing a descrip¬
tion thereof, and the name of the person selecting it, with a certificate
endorsed thereon, that the same has been recorded, shall be delivered
to the party entitled to it by the agent, after the same shall have been
recorded by him in a book to be kept in his office, subject to inspec¬
tion, which said book shall be known as the “Navajo land-book.”

The President may at any time order a survey of the reservation,
and when so survej^ed, Congress shall provide for protecting the rights
of said settlers in their improvements, and may fix the character of the
title held by each.

The United States may pass such laws on the subject of alienation
and descent of property between the Indians and their descendants as
may be thought proper.

Article 6. In order to insure the civilization of the Indians enter¬
ing into this treaty, the necessity of education is admitted, especially
of such of them as may be settled on said agricultural parts of this
reservation, and they therefore pledge themselves to compel their
children, male and female, between the ages of six and sixteen years,
to attend school; and it is hereby made the duty of the agent for said
Indians to see that this stipulation is strictly complied with; and the
United States agrees that, for every thirty children between said ages
who can be induced or compelled to attend school, a house shall be
provided, and a teacher pompetent to teach the elementary branches
of an English education shall be furnished, who will reside among
said Indians, and faithfully discharge his or her duties as a teacher.

The provisions of this article to continue for not less than ten years.

Article 7. When the head of a family shall have selected lands and
received his certificate as above directed, and the agent shall be satis¬
fied that he intends in good faith to commence cultivating the soil for

Agent to make his
home and reside
where.

Heads of family de¬
siring to commence
farming may select
lands, etc.

Effect of such selec¬
tion.

Persons not heads
of families.

Certificates of selec¬
tion to be delivered,
etc.

To be recorded.

Survey.

Alienation and de¬
scent of property.

Children between 6
and 16 to attend
school.

Duty of agent,

Schoolhouses and
teachers.

Seeds and agricul¬
tural implements.

784

TREATY WITH THE NAVAHO, 1868.

Delivery of articles
in lien of money and
annuities.

Clothing, etc.

Indians to be fur¬
nished with no ar¬
ticles they can make.

Census.

Annual appropria¬
tion in money for ten
years.

May be changed.

Army officer to at¬
tend delivery of goods,
etc.

Stipulations by the
Indians as to outside
territory.

Railroads.

Residents, travelers,
wagon trains.

Women and chil¬
dren.

Scalping.

Roads or stations.

Damages.

a living, he shall be entitled to receive seeds and agricultural imple¬
ments for the first year, not exceeding in value one hundred dollars,
and for each succeeding year he shall continue to farm, for a period of
two years, he shall be entitled to receive seeds and implements to the
value of twenty-five dollars.

Article 8. In lieu of all sums of money or other annuities provided
to be paid to the Indians herein named under any treaty or treaties
heretofore made, the United States agrees to deliver at the agency-
house on the reservation herein named, on the first day of September
of each year for ten years, the following articles, to wit:

Such articles of clothing, goods, or raw materials in lieu thereof, as
the agent may make his estimate for, not exceeding in value five dol¬
lars per Indian — each Indian being encouraged to manufacture their
o wn clothing, blankets, &c. ; to be furnished with no article which they
can manufacture themselves. And, in order that the Commissioner of
Indian Affairs may be able to estimate properly for the articles herein
named, it shall be the duty of the agent each year to forward to him
a full and exact census of the Indians, on which the estimate from
year to year can be based.

And in addition to the articles herein named, the sum of ten dollars
for each person entitled to the beneficial effects of this treaty shall be
annualty appropriated for a period of ten years, for each person who
engages in farming or mechanical pursuits, to be used by the Com¬
missioner of Indian Affairs in the purchase of such articles as from
time to time the condition and necessities of the Indians may indicate
to be proper; and if within the ten years at any time it shall appear
that the amount of money needed for clothing, under the article, can
be appropriated to better uses for the Indians named herein, the Com¬
missioner of Indian Affairs may change the appropriation to other
purposes, but in no event shall the amount of this appropriation be
withdrawn or discontinued for the period named, provided they
remain at peace. And the President shall annually detail an officer of
the Army to be present and attest the delivery of all the goods herein
named to the Indians, and he shall inspect and report on the quantity
and quality of the goods and the manner of their delivery.

Article 9. In consideration of the advantages and benefits con¬
ferred by this treaty, and the many pledges of friendship by the
United States, the tribes who are parties to this agreement hereby
stipulate that they will relinquish all right to occupy any territory
outside their reservation, as herein defined, but retain the right to
hunt on any unoccupied lands contiguous to their reservation, so long
as the large game may range thereon in such numbers as to justify
the chase; and they, the said Indians, further expressly agree:

1st. That they will make no opposition to the construction of rail¬
roads now being built or hereafter to be built across the continent.

2d. That they will not interfere with the peaceful construction of
any railroad not passing over their reservation as herein defined.

3d. That they will not attack any persons at home or travelling, nor
molest or disturb any wagon-trains, coaches, mules, or cattle belonging
to the people of the United States, or to persons friendly therewith.

4th. That they will never capture or cany off from the settlements
women or children.

5th. They will never kill or scalp white men, nor attempt to do them
harm.

6th. They will not in future oppose the construction of railroads,
wagon-roads, mail stations, or other works of utility or necessity which
may be ordered or permitted by the laws of the United States; but
should such roads or other works bo constructed on the lands of their
reservation, the Government will pay the tribe whatever amount of
damage may be assessed by three disinterested commissioners to be

TREATY WITH THE NAYAHO, 1868.

785

appointed by the President for that purpose, one of said commission¬
ers to be a chief or head-man of the tribe.

7th. They will make no opposition to the military posts or roads
now established, or that may be established, not in violation of treaties
heretofore made or hereafter to be made with any of the Indian tribes.

Article 10. No future treaty for the cession of any portion or part
of the reservation herein described, which may be held in common,
shall be of any validity or force against said Indians unless agreed to
and executed by at least three-fourths of all the adult male Indians
occupying or interested in the same; and no cession by the tribe shall
be understood or construed in such manner as to deprive, without his
consent, any individual member of the tribe of his rights to any tract
of land selected by him as provided in article [5] of this treaty.

Article 11. The Navajos also hereby agree that at any time after
the signing of these presents they will proceed in such manner as may
be required of them by the agent, or by the officer charged with their
removal, to the reservation herein provided for, the United States
paying for their subsistence en route, and providing a reasonable
amount of transportation for the sick and feeble.

Article 12. It is further agreed by and between the parties to this
agreement that the sum of one hundred and fifty thousand dollars
appropriated or to be appropriated shall be disbursed as follows, sub¬
ject to any condition provided in the law, to wit:

1st. The actual cost of the removal of the tribe from the Bosque
Redondo reservation to the reservation, say fifty thousand dollars.

2d. The purchase of fifteen thousand sheep and goats, at a cost not
to exceed thirty thousand dollars.

3d. The purchase of five hundred beef cattle and a million pounds
of corn, to be collected and held at the military post nearest the reser¬
vation, subject to the orders of the agent, for the relief of the needy
during the coming winter.

1th. The balance, if any, of the appropriation to be invested for the
maintenance of the Indians pending their removal, in such manner as
the agent who is with them may determine.

5th. The removal of this tribe to be made under the supreme control
and direction of the military commander of the Territory of New
Mexico, and when completed, the management of the tribe to revert
to the proper agent.

Article 13. The tribe herein named, by their representatives,
parties to this treaty, agree to make the reservation herein described
their permanent home, and they will not as a tribe make any perma¬
nent settlement elsewhere, reserving the right to hunt on the lands
adjoining the said reservation formerly called theirs, subject to the
modifications named in this treaty and the orders of the commander
of the department in which said reservation may be for the time
being; and it is further agreed and understood by the parties to this
treaty, that if any Navajo Indian or Indians shall leave the reservation
herein described to settle elsewhere, he or they shall forfeit all the
rights, privileges, and annuities conferred by the terms of this treaty;
and it is further agreed by the parties to this treaty , that they will do
all they can to induce Indians now away from reservations set apart
for the exclusive use and occupation of the Indians, leading a nomadic
life, or engaged in war against the people of the United States, to
abandon such a life and settle permanently in one of the territorial
reservations set apart for the exclusive use and occupation of the
Indians.

S. Doc. 452 - 50

Military posts and
roads.

Cession of reserva¬
tion not to be valid
unless, etc.

Indians to go to res¬
ervation when re¬
quired.

Appropriations
how to be disbursed.

Removal.

Sheep and goats.

Cattle and corn.

Remainder.

Removal, how
made.

Reservation to be
permanent home of
Indians.

Penalty for leaving
reservation.

786

TREATY WITH THE EASTERN SHOSHONI AND BANNOCK, 1868.

July 3, 1868.

15 Stat., 673.
Ratified Feb. 26,
1869.

Proclaimed Feb. 24,
1869.

Peace and friend¬
ship.

Offenders among
the whites to be ar¬
rested and punished.

Among the Indians
to be given up to the
United States, etc.

Rules for ascertain¬
ing damages.

Reservation.

Boundaries.

TREATY WITH THE EASTERN BAND SHOSHONI AND
BANNOCK, 1868.

Articles of a treaty made and concluded, at Fort Bridyer , TJtah Terri¬
tory, on the third day of July , in the year of our Lard one thousand
eight hundred and sixty-eight , by and between the undersigned com-
missioners on the part of the United States, a/nd the undersigned
chiefs and head-men of and representing the Shoshonee ( eastern band)
and Bannack tribes of Indians , they being duly authorized to act in
the premises:

Article 1. From this day forward peace between the parties to this
treaty shall forever continue. The Government of the United States
desires peace, and its honor is hereby pledged to keep it. The Indians
desire peace, and they hereby pledge their honor to maintain it.

If bad men among the whites, or among other people subject to the
authority of the United States, shall commit any wrong upon the per¬
son or property of the Indians, the United States will, upon proof
made to the agent and forwarded to the Commissioner of Indian Affairs,
at Washington City, proceed at once to cause the offender to be arrested
and punished according to the laws of the United States, and also reim¬
burse the injured person for the loss sustained.

If bad men among the Indians shall commit a wrong or depredation
upon the person or property of any one, white, black, or Indian, sub¬
ject to the authority of the United States, and at peace therewith, the
Indians herein named solemnly agree that they will, on proof made to
their agent and notice by him, deliver up the wrong-doer to the United
States, to be tried and punished according to the laws; and in case they
wilfully refuse so to do, the person injured shall be reimbursed for
his loss from the annuities or other moneys due or to become due
to them under this or other treaties made with the United States. And
the President, on advising with the Commissioner of Indian Affairs,
shall prescribe such rules and regulations for ascertaining damages
under the provisions of this article as in his judgment may be proper.
But no such damages shall be adjusted and paid until thoroughly exam¬
ined and passed upon by the Commissioner of Indian Affairs, and no
one sustaining loss while violating or because of his violating the pro¬
visions of this treaty or the laws of the United States shall be reim¬
bursed therefor.

Article 2. It is agreed that whenever the Bannacks desire a reser¬
vation to be set apart for their use, or whenever the President of the
United States shall deem it advisable for them to be put upon a reser¬
vation, he shall cause a suitable one to be selected for them in their
present country, which shall embrace reasonable portions of the “ Port
Neuf ” and “ Kansas Prairie” countries, and that, when this reservation
is declared, the United States will secure to the Bannacks the same
rights and privileges therein, and make the same and like expenditures
therein for their benefit, except the agency-house and residence of
agent, in proportion to their numbers, as herein provided for the Sho¬
shonee reservation. TheUnited Statesfurther agrees that the following
district of country, to wit: Commencing at the mouth of Owl Creek
and running due south to the crest of the divide between the Sweet¬
water and Papo Agie Rivers; thence along the crest of said divide and
the summit of Wind River Mountains to the longitude of North Fork
of Wind River; thence due north to mouth of said North Fork and
up its channel to a point twenty miles above its mouth; thence in a
straight line to head-waters of Owl Creek and along middle of channel
of Owl Creek to place of beginning, shall be and the same is set apart
for the absolute and undisturbed use and occupation of the Shoshonee

787

TREATY WITH THE EASTERN SHOSHONI AND BANNOCK, 1868.

Indians herein named, and for such other friendly tribes or individ¬
ual Indians as from time to time they may be willing-, with the consent
of the United States, to admit amongst them; and the United States
now solemnly agrees that no persons except those herein designated
and authorized so to do, and except such officers, agents, and employes
of the Government as may be authorized to enter upon Indian reser¬
vations in discharge of duties enjoined by law, shall ever be permitted
to pass over, settle upon, or reside in the territory described in this
article for the use of said Indians, and henceforth they will and do
hereby relinquish all title, claims, or rights in and to any portion of
the territory of the United States, except such as is embraced within
the limits aforesaid.

Article 3. The United States agrees, at its own proper expense, to
construct at a suitable point on the Shoshonee reservation a ware
house or store-room for the use of the agent in storing goods belonging
to the Indians, to cost not exceeding two thousand dollars; an agency
building for the residence of the agent, to cost not exceeding three
thousand; a residence for the physician, to cost not more than two
thousand dollars; and five other buildings, for a carpenter, farmer,
blacksmith, miller, and engineer, each to cost not exceeding two thou¬
sand dollars; also a school-house or mission building so soon as a suffi¬
cient number of children can be induced by the agent to attend school,
which shall not cost exceeding twenty-five hundred dollars.

The United States agrees further to cause to be erected on said Sho¬
shonee reservation, near the other buildings herein authorized, a good
steam circular-saw mill, with a grist-mill and shingle-machine attached,
the same to cost not more than eight thousand dollars.

Article 4. The Indians herein named agree, when the agency house
and other buildings shall be constructed on their reservations named,
they will make said reservations their permanent home, and they will
make no permanent settlement elsewhere; but they shall have the right
to hunt on the unoccupied lands of the United States so long as game
may be found thereon, and so long as peace subsists among the whites
and Indians on the borders of the hunting districts.

Article 5. The United States agrees that the agent for said Indians
shall in the future make his home at the agency building on the Sho¬
shonee reservation, but shall direct and supervise affairs on the Ban-
nack reservation; and shall keep an office open at all times for the
purpose of prompt and diligent inquiry into such matters of complaint
by and against the Indians as may be presented for investigation under
the provisions of their treaty stipulations, as also for the faithful dis¬
charge of other duties enjoined by law. In all cases of depredation
on person or property he shall cause the evidence to be taken in writ¬
ing and forwarded, together with his finding, to the Commissioner of
Indian Affairs, whose decision shall be binding on the parties to this
treaty.

Any person over eighteen years of age, not being the head of a fam¬
ily, may in like manner select and cause to be certified to him or her,
for purposes of cultivation, a quantity of land not exceeding eighty
acres in extent, and thereupon be entitled to the exclusive possession

Who not to reside
thereon.

Buildings to be
erected by the United
States.

Mills.

Reservation to be
permanent home of
Indians.

Agent to make his
home and reside
where.

Heads of families
desiring to commence
farming may select
lands, etc.

Effect of such selec¬
tion.

Persons not heads of
families.

788

Certificates of selec¬
tion to be delivered,
etc., to be recorded.

Survey.

Alienation and de¬
scent of property.

Children between
6 and 16 to attend
school.

Duty of agent.

Schoolhouses and
teachers.

Seeds and agricul¬
tural implements.

Instructions in
farming.

Second blacksmith.

Delivery of articles
in lieu of money and
annuities.

Clothing, etc.

Census.

TREATY WITH THE EASTERN SHOSHONI AND BANNOCK, 1868.

of the same as above described. For each tract of land so selected a
a certificate, containing a description thereof, and the name of the per¬
son selecting it, with a certificate indorsed thereon that the same has
been recorded, shall be delivered to the party entitled to it by the
agent, after the same shall have been recorded by him in a book to be
kept in his office subject to inspection, which said book shall be known
as the “Shoshone (eastern band) and Bannack land-book.”

The President may at any time order a survey of these reserva¬
tions, and when so surveyed Congress shall provide for protecting the
rights of the Indian settlers in these improvements, ana may fix the
character of the title held by each. The United States may pass such
laws on the subject of alienation and descent of property as between
Indians, and on all subjects connected with the government of the
Indians on said reservations, and the internal police thereof, as may be
thought proper.

Article 7. In order to insure the civilization of the tribes entering
into this treaty, the necessity of education is admitted, especially of
such of them as are or may "be setttled on said agricultural reserva¬
tions, and they therefore pledge themselves to compel their children,
male and female, between the ages of six and sixteen years, to attend
school; and it is hereby made the duty of the agent for said Indians
to see that this stipulation is strictly complied with; and the United
States agrees that for every thirty children between said ages who
can be induced or compelled to attend school, a house shall be pro¬
vided and a teacher competent to teach the elementary branches of
an English education shall be furnished, who will reside among said
Indians and faithfully discharge his or her duties as a teacher. The
provisions of this article to continue for twenty years.

Article 8. When the head of a family or lodge shall have selected
lands and received his certificate as above directed, and the agent
shall be satisfied that he intends in good faith to commence cultivating
the soil for a living, he shall be entitled to receive seeds and agricul¬
tural implements for the first year, in value one hundred dollars, and
for each succeeding year he shall continue to farm, for a period of
three years more, he shall be entitled to receive seeds and implements
as aforesaid in value twenty -five dollars per annum.

And it is further stipulated that such persons as commence farming
shall receive instructions from the farmers herein provided for, and
whenever more than one hundred persons on either reservation shall
enter upon the cultivation of the soil, a second blacksmith shall be
provided, with such iron, steel, and other material as may be required.

Article 9. In lieu of all sums of money or other annuities provided
to be paid to the Indians herein named, under any and all treaties
heretofore made with them, the United States agrees to deliver at the
agency-house on the reservation herein provided for, on the first day
of September of each year, for thirty years, the following articles,
to wit:

For each male person over fourteen years of age, a suit of good
substantial woollen clothing, consisting of coat, hat, pantaloons, flan¬
nel shirt, and a pair of woollen socks; for each female over twelve
years of age, a flannel skirt, or the goods necessary to make it, a pair
of woollen hose, twelve yards of calico, and twelve yards of cotton
domestics.

For the boys and girls under the ages named, such flannel and cot¬
ton goods as may be needed to make each a suit as aforesaid, together
with a pair of woollen hose for each.

And in order that the Commissioner of Indian Affairs may be able
to estimate properly for the articles herein named, it shall be the duty
of the agent each year to forward to him a full and exact census of
the Indians, on which the estimate from year to year can be based;
and in addition to the clothing herein named, the sum of ten dollars

TREATY WITH THE NEZ PERCE, 1868.

789

shall be annually appropriated for each Indian roaming and twenty
dollars for each Indian engaged in agriculture, for a period of ten
years, to be used by the Secretary of the Interior in the purchase of
such articles as from.time to time the condition and necessities of the
Indians may indicate to be proper. And if at any time within the ten
years it shall appear that the amount of money needed for clothing
under this article can be appropriated to better uses for the tribes
herein named, Congress may by law change the appropriation to
other purposes; but in no event shall the amount of this appropriation
be withdrawn or discontinued for the period named. And the Presi¬
dent shall annually detail an officer of the Army to be present and
attest the delivery of all the goods herein named to the Indians, and
he shall inspect and report on the quantity and quality of the goods
and the manner of their delivery.

Article 10. The United States hereby agrees to furnish annually
to the Indians the physician, teachers, carpenter, miller, engineer,
farmer, and blacksmith, as herein contemplated, and that such appro¬
priations shall be made from time to time, on the estimates of the
Secretary of the Interior, as will be sufficient to employ such persons.

Article 11. No treaty for the cession of any portion of the reser¬
vations herein described which may be held in common shall be of any
force or validity as against the said Indians, unless executed and signed
by at least a majority of all the adult male Indians occupying or inter¬
ested in the same; and no cession by the tribe shall be understood or
construed in such manner as to deprive without his consent, any
individual member of the tribe of his right to any tract of land selected
by him, as provided in Article 6 of this treaty.

Article 12. It is agreed that the sum of five hundred dollars annu¬
ally, for three years from the date when they commence to cultivate
a farm, shall be expended in presents to the ten persons of said
tribe who, in the judgment of the agent, may grow the most valuable
crops for the respective year.

Article 13. It is further agreed that until such time as the agency-
buildings are established on the Shoshonee reservation, their agent
shall reside at Fort Bridger, U. T., and their annuities shall be deliv¬
ered to them at the same place in J une of each year.

TREATY WITH THE NEZ PERCE, 1868.

Whereas certain amendments are desired by the Nez Perce tribe of
Indians to their treaty concluded at the council ground in the valley of
the Lapwai, in the Territory of Washington, on the ninth day of June,
in the year of our Lord one thousand eight hundred and sixty-three;
and whereas the United States are willing to assent to said amend¬
ments; it is therefore agreed by and between Nathaniel G. Taylor,
commissioner, on the part of the United States, thereunto duly author¬
ized, and Lawyer, Timothy, and Jason, chiefs of said tribe, also being
thereunto duly authorized, in manner and form following, that is to say:

Article 1 . That all lands embraced within the limits of the tract set
apart for the exclusive use and benefit of said Indians by the 2d article
of said treaty of June 9th, 1863, which are susceptible of cultivation
and suitable for Indian farms, which are not now occupied by the
United States for military purposes, or which are not required for
agency or other buildings ana purposes provided for by existing treaty
stipulations, shall be surveyed as provided in the 3d article of said
treaty of June 9th, 1863, and as soon as the allotments shall be plowed
and fenced, and as soon as schools shall be established as provided by
existing treaty stipulations, such Indians now residing outside the
reservation as may be decided upon by the agent of the tribe and the
Indians themselves, shall be removed* to and located upon allotments

May be changed.

Army officer to at-
tend delivery of
goods, etc.

Physician, teachers,
carpenter, etc.

Cession of reserva¬
tion not to be valid
unless, etc.

Presents for most
valuable crops.

Aug. 13, 1868.

15 'Stats., 693.
Ratified Feb. 16,
1869.

Proclaimed Feb. 24,
1869.

Reservation.

790

TREATY WITH THE NEZ PERCE, 1868.

Allotments.

"Timber to be pro¬
tected.

School moneys, etc.

within the reservation : Provided, however , That in case there should
not be a sufficient quantity of suitable land within the boundaries of
the reservation to provide allotments for those now there and those
residing outside the boundaries of the same, then those residing out¬
side, or as many thereof as allotments cannot be provided for, may
remain upon the lands now occupied and improved by them, provided,
that the land so occupied does not exceed twenty acres for each and
every male person who shall have attained the age of twenty-one
years or is the head of a family, and the tenure of those remaining
upon lands outside the reservation shall be the same as is provided in
said 3d article of said treaty of June 9th, 1863^ for those receiving
allotments within the reservation; and it is further agreed that those
now residing outside of the boundaries of the reservation and who may
continue to so reside shall be protected by the military authorities in
their rights upon the allotments occupied by them, and also in the
privilege of grazing their animals upon surrounding unoccupied lands.

Article 2. It is further agreed between the parties hereto that the
stipulations contained in the 8th article of the treaty of June 9th, 1863,
relative to timber, are hereby annulled as far as the same provides that
the United States shall be permitted to use thereof in the maintaining
of forts or garrisons, and that the said Indians shall have the aid of
the military authorities to protect the timber upon their reservation,
and that none of the same shall be cut or remo ved without the consent
of the head-chief of the tribe, together with the consent of the agent
and superintendent of Indian affairs, first being given in writing, which
written consent shall state the part of the reservation upon which the
timber is to be cut, and also the quantity, and the price to be paid
therefor.

Article 3. It is further hereby stipulated and agreed that the
amount due said tribe for school purposes and for the support of
teachers that has not been expended for that purpose since the year
1864, but has been used for other purposes, shall be ascertained and
the same shall be re-imbursed to said tribe by appropriation by Con¬
gress, and shall be set apart and invested in United States bonds and
shall be held in trust by the United States, the interest on the same
to be paid to said tribe annually for the support of teachers.

APPENDIX.

AGREEMENT WITH SENECA.

Contract entered into , under the sanction of the United /States of Sept. 15, 1797.
America , between Robert Morris and the Seneca nation of Indians. 7stat., 60 1.

This indenture, made the fifteenth day of September, in the year of our Contract between
Lord one thousand seven hundred and ninety-seven, between the se0neecasMorrisandthe
sachems, chiefs, and warriors of the Seneca nation of Indians, of
the first part, and Robert Morris, of the city of Philadelphia, Esquire,
of the second part:

Whereas the Commonwealth of Massachusetts have granted, bar¬
gained, and sold unto the said Robert Morris, his heirs and assigns
forever, the pre-emptive right, and all other the right, title and interest
which the said Commonwealth had to all the tract of land hereinafter
particularly mentioned, being part of a tract of land lying within the
State of New York, the right of pre-emption of the soil whereof,
from the native Indians, was ceded and granted by the said State of
New York, to the said Commonwealth: and whereas, at a treaty held
under the authority of the United States, with the said Seneca nation
of Indians, at Genesee, in the county of Ontario, and State of New
York, on the day of the date of these presents, and on sundry days
immediately prior thereto, by the Honorable Jeremiah Wadsworth,

Esquire, a commissioner appointed by the President of the United
States, to hold the same in pursuance of the constitution, and of the
act of the Congress of the United States, in such case made and pro- Act of 1802, c. 13
vided, it was agreed, in the presence and with the approbation of the § 12‘
said commissioner, by the sachems, chiefs and warriors of the said
nations of Indians, for themselves and in behalf of their nation, to sell
to the said Robert Morris, and to his heirs and assigns forever, all their
right to all that tract of land above recited, and hereinafter particularly
specified, for the sum of one hundred thousand dollars, to be by the said
Robert Morris vested in the stock of the bank of the United States, and v^So.oooffbank
held in the name of the President of the United States, for the use and of the

behoof of the said nation of Indians, the said agreement and sale being as’ e c'
also made in the presence, and with the approbation of the honorable
William Shepard, Esquire, the superintendent appointed for such
purpose, in pursuance of a resolve of the General Court of the Com¬
monwealth of Massachusetts, passed the eleventh day of March, in the
year of our Lord one thousand seven hundred and ninety-one; now
this indenture witnesseth, that the said parties, of the first part, for
and in consideration of the premises above recited, and for divers other
good and valuable considerations them thereunto moving, have granted,
bargained, sold, aliened, released, enfeoffed, and confirmed; and by
these presents do grant, bargain, sell, alien, release, enfeoff, and con¬
firm, unto the said party of the second part, his heirs and assigns for¬
ever, all that certain tract of land, except as is hereinafter excepted,
lying within the county of Ontario and State of New York, being part
of a tract of land, the right of pre-emption whereof was ceded by the
state of New York to the Commonwealth of Massachusetts, by deed
of cession executed at Hartford, on the sixteenth day of December, in the

791

792

APPENDIX.

year of our Lord one thousand seven hundred and eighty-six, being all
such part thereof as is not included in the Indian purchase made by Oliver
Phelps and Nathaniel Gorham, and bounded as follows, to wit: easterly.
Moms. by the land confirmed to Oliver Phelps and Nathaniel Gorham by the

legislature of the Commonwealth of Massachusetts, by and act passed
the twenty -first day of November, in the year of our Lord one thou¬
sand seven hundred and eighty -eight; southerly, by the north boundary
line of the State of Pennsylvania; westerly, partly by a tract of land,
part of the land ceded by the State of Massachusetts to the United States,
and by them sold to Pennsylvania, being a righ’ angled triangle, whose
hypothenuse is in or along the shore of Lake Erie; partly by Lake Erie,
from the northern point of that triangle to the Southern bounds of a
senecasTati°ns t0 the tract of land a mile in width, lying on and along the east side of the
strait of Niagara, and partly by the said tract to lake Ontario; and on
the north, by the boundary line between the United States and the King
of Great Britain; excepting, nevertheless, and reserving always out of
this grant and conveyance, all such pieces or parcels of the aforesaid
tract, and such privileges thereunto belonging as are next hereinafter
mentioned, which said pieces or parcels of land so excepted are, by the
parties to these presents, clearly and fully understood to remain the
property of the said parties of the first part, in as full and ample man¬
ner as if these presents had not been executed; that is to say, except¬
ing and reserving to them, the said parties of the first part, and their
nation, one piece or parcel of the aforasaid tract, at Canawaugas, of
two square miles, to be laid out in such manner as to include the vil¬
lage, extending in breadth one mile along the river; one other piece
or parcel at Big Tree, of two square miles, to be laid out in such man¬
ner as to include the village, extending in breadth along the river one
mile; one other piece or parcel of two square miles at Little Beard’s
town, extending one mile along the river, to be laid off in such manner
as to include the village ; one other tract of two square miles at Squaw ky
Hill, to be laid off as follows, to wit: one square mile to be laid off along
the river, in such manner as to include the village, the other directly
west thereof and contiguo’s thereto; one other piece or parcel at Gar-
deau, beginning at the mouth of Steep Hill creek, thence due east until
it strikes the old path, thence south until a due west line will intersect
with certain steep rocks on the west side of Genesee river, then extend¬
ing due west, due north and due east, until it strikes the first mentiones
bound, enclosing as much land on the west side as' on the east side of
the river. One other piece or parcel at Kaounadeau extending in length
eight miles along the river and two miles in breadth. One other piece
or parcel at Cataraugos, beginning at the mouth of the Eighteen mile
or Koghquaugu creek, thence a line or line to be drawn parallel to lake
Erie, at the distance of one mile from there, to the mouth of Cataraugos
creek, thence a line or lines extending 12 miles up the north side of said
creek at the distance of one mile therefrom, thence a direct line to the
said creek, thence down the said creek to lake Erie, thence along the lake
to the first mentioned creek, and thence to the place of beginning.
Also one other piece at Cataraugos, beginning at the shore of lake Erie,
on the south side of Cataraugos creek, at the distance of one mile from
the mouth thereof, thence running one mile from the lake, thence on a
line parallel thereto, to a point within one mile from the Connondau-
weyea creek, thence up the said creek one mile, on a line parallel
thereto, thence on a direct line to the said creek, thence down the same
to lake Erie, thence along the lake to the place of beginning. Also
one other piece or parcel of forty-two square miles, at or near the
Allegenny river. Also, two hundred square miles, to be laid off
partly at the Buffalo and partly at the Tonnawanta creeks. Also,
excepting and reserving to them, the said parties of the first part and
their heirs, the privilege of fishing and hunting on the said tract of

APPENDIX.

793

land hereby intended to be conveyed. And it is hereby understood
by and between the parties to these presents, that all such pieces or
parcels of land as are hereby reserved and are not particularly described
as to the manner in which the same are to be laid off, shall be laid off
in such manner as shall be determined by the sachems, chiefs, residing1
at or near the respective villages where such reservations are made, a
particular note whereof to be indorsed on the back of this deed, and
recorded therewith, together with all and singular the rights, privi-
leges, hereditaments, and appurtenances thereunto belonging, or in
anywise appertaining. Ana all the estate, right, title, and interest,
whatsoever, of them the said parties of the lirst part and their nation,
of, in, and to the said tract of land above described, except as is above
excepted, to gave and to hold all and singular the said granted prem¬
ise^, with the appurtenances to the said party of the second part, his
heirs and assigns, to his and their proper use, benefit and behoof
forever.

TREATY WITH THE SIOUX, 1805.

Conf mence Between the United States of America and the Sioux Nation
of Indians.

Whereas, a conference held between the United States of America
and the Sioux Nation of Indians, Lieut. Z. M. Pike, of the Army of
the United States, and the chiefs and warriors of the said tribe, have
agreed to the following articles, which when ratified and approved of
by the proper authority, shall be binding on both parties:

Article 1. That the Sioux Nation grants unto the United States
for the purpose of the establishment of military posts, nine miles square
at the mouth of the river St. Croix, also from below the confluence of
the Mississippi and St. Peters, up the Mississippi, to include the falls
of St. Anthony, extending nine miles on each side of the river. That
the Sioux Nation grants to the United States, the full sovereignty and
power over said districts forever, without any let or hindrance what¬
soever.

Article 2. That in consideration of the above grants the United
States

Article 3. The United States promise on their part to permit the
Sioux to pass, repass, hunt or make other uses of the said districts, as
they have formerly done, without any other exception, but those
specified in article first.

In testimony hereof, we, the undersigned, have hereunto set our
hands and seals, at the mouth of the river St. Peters, on the 23rd day
of September, one thousand eight hundred and five.

DELAWARE AND WYANDOT AGREEMENT.

Agreement between the Delaware and Wyandot nations of Indians ,
concluded on the Uyth day of December, 181$.

Whereas from a long and intimate acquaintance, and the ardent
friendship which has for a great many years existed between the Dela¬
wares and Wyandots, and from a mutual desire that the same feeling
shall continue and be more strengthened by becoming near neighbors
to each other; therefore the said parties, the Delawares on one side,
and the Wyandots on the other, in full council assembled, have agreed,
and do agree, to the following stipulations, to wit:—

Article 1. The Delaware nation of Indians, residing between the
Missouri and Kansas rivers, being very anxious to have their uncles,

Sept. 23, 1805.

Unratified.

Dec. 14,1843.

9 Stat., 337.

Ratified July25, 1848.

794

APPENDIX.

July 27, 1866.

Agreement with
Arikara, Grosventre,
and Mandan.
Unratified.

the Wyandots, to settle and reside near them, do hereby donate, grant
and quitclaim forever, to the Wyandot nation, three sections of land,
containing six hundred and forty acres each, lying and being situated
at the point of the junction of the Missouri and Kansas Rivers.

Article 2. The Delaware chiefs, for themselves, and by the unani¬
mous consent of their people, do hereby cede, grant, quitclaim to the
WTyandot nation and their heirs forever, thirty -six sections of land,
each containing six hundred and forty acres, situated between the
aforesaid Missouri and Kansas rivers, and adjoining on the west the
aforesaid three donated sections, making in all thirty-nine sections of
land, bounded as follows, viz.: Commencing at the point at the junc¬
tion of the aforesaid Missouri and Kansas rivers, running west along
the Kansas river sufficiently far to include the aforesaid thirty -nine
sections; thence running north to the Missouri river; thence down the
said river with its meanders to the place of beginning; to be surveyed
in as near a square form as the rivers and territory ceded will admit of.

Article 3. In consideration of the foregoing donation and cession
of land, the Wyandot chiefs bind themselves, successors in office, and
their people to pay to the Delaware nation of Indians, forty-six thou¬
sand and eighty dollars, as follows, viz: six thousand and eighty dol¬
lars to be paid the year eighteen hundred and forty-four, and four
thousand dollars annually thereafter for ten years.

Article 4. It is hereby distinctly understood, between the contract¬
ing parties, that the aforesaid agreement shall not be binding or
obligatory until the President of the United States shall have approved
the same and caused it to be recorded in the War Department.

FORT BERTHOLD AGREEMENT, 1866.

Articles of agreement and convention made and concluded at Fort
Berthold in the Territory of Dakota, on the twenty-seventh day of July,
in the year of our Lord one thousand eight hundred and sixtv-six, by
and between Newton Edmunds, governor and ex-officio superintendent
of Indian affairs of Dakota Territory; Major General S. R. Curtis,
Orrin Guernsey and Henry W. Reed, commissioners appointed on the
part of the United States to make treaties with the Indians of the Upper
Missouri ; and the chiefs and headmen of the Arickaree tribe of Indians,
Witnesseth as follows:

Article 1st. Perpetual peace, friendship, and amity shall hereafter
exist between the United States and the said Arickaree Indians.

Article 2d. The said Arickaree tribe of Indians promise and agree
that they will maintain peaceful and friendly relations toward the
whites; that they will in future, abstain from all hostilities against
each other, and cultivate mutual good will and friendship, not only
among themselves, but toward all other friendly tribes of Indians.

Article 3. The chiefs and headmen aforesaid acting as the repre¬
sentatives of the tribe aforesaid and being duly authorized and here¬
unto directed, in consideration of the payments and privileges herein¬
after stated, do hereby grant and convey to the United States the right
to lay out and construct roads, highways, and telegraphs through their
country, and to use their efforts to prevent them from annoyance or
interruption by their own or other tribes of Indians.

Article 4. No white person, unless in the employ of the United
States, or duly licensed to trade with said Indians, or members of the
families of such persons shall be permitted to reside or make settle¬
ment upon any part of the country belonging to said Indians, not
included or described herein; nor shall said Indians sell, alienate, or
in any manner dispose of any portion thereof, except to the United
States.

APPENDIX.

795

Article 5. The said Aricara tribe of Indians hereby acknowledge
their dependence on the United States and their obligation to obey the
laws thereof; and they further agree and obligate themselves to sub¬
mit to and obey such laws as may be made by Congress for their gov¬
ernment and the punishment of offenders; and they agree to exert
themselves to the utmost of their ability in enforcing all the laws under
the superintendent of Indian affairs, or agent; and they pledge and
bind themselves to preserve friendly relations with the citizens of
the United States, and commit no injuries to, or depredations upon,
their persons or property. They also agree to deliver to the proper
officer or officers of the United States, all offenders against the treaties,
laws, or regulations of the United States, and to assist in discovering,
pursuing and capturing all such offenders who may be within the
limits of the country claimed by them, whenever required so to do by
such officer or officers. And the said Aricara tribe of Indians further
agree that they will not make war upon any other tribe or band of
Indians, except in self-defence, but will submit all matters of difference
between themselves and other Indians to the Government of the United
States for adjustment, and will abide thereby; and if any of the Indians,
party to this treaty, commit depredations upon any other Indians within
the jurisdiction of the United States, the same rule shall prevail with
regard to compensation and punishment as in cases of depredations
against citizens of the United States.

Article 6. In consideration of the great evil of intemperance among
some of the Indian tribes, and in order to prevent such consequences
among ourselves, we, the said Aricara tribe of Indians agree to do all
in our power to prevent the introduction or use of spirituous liquors
among our people, and to this end we agree that should any of the
members of our tribe encourage the use of spirituous liquors, either
by using it themselves, or buying and selling it, whosoever shall do
so shall forfeit his claim to any^ annuities paid by the Government for
the current year; or should they be aware of such use or sale or intro¬
duction of liquor into their country, either by whites or by persons of
Indian blood and not aid by all proper means to effect its extermina¬
tion and the prosecution of offenders, shall be liable to the forfeiture
above mentioned.

Article 7. In consideration of the foregoing agreements, stipula¬
tions, cessions, and undertakings and of their faithful observance by
the said Aricara tribe of Indians, the United States agree to expend
for the said Indians, in addition to the goods and provisions distributed
at the time of signing this treaty, the sum of ten thousand dollars
annually for twenty years, after the ratification of this treaty by the
President and Senate of the United States, to be expended in such
goods, provisions, and other articles as the President may in his discre¬
tion, from time to time determine; provided, and it is hereby agreed
that the President may, at his discretion, annually expend so much of
the sum of three thousand dollars as he shall deem proper, in the pur¬
chase of stock, animals, agricultural implements, in establishing and
instructing in agricultural and mechanical pursuits, such of said Indians
as shall be disposed thereto; and in the employment of mechanics for
them, in educating their children, in providing necessary and proper
medicines, medical attendance, care for and support of the aged, sick,
and infirm of their number, for the helpless orphans of said Indians,
and in any other respect promoting their civilization, comfort, and
improvement; provided further, that the President of the United
States may, at his discretion determine in what proportion the said
annuities shall be distributed among said Indians; and the United
States further agree that out of the sum above stipulated to be paid to
said Indians, there shall be set apart and paid to the head-chief, the
sum of two hundred dollars annually , and to the soldier-chiefs, fifty
dollars annually in money or supplies, so long as they and their bands

796

APPENDIX.

remain faithful to their treaty obligations; and for and in considera¬
tion of the long continued and faithful services of Pierre G-arreau to
the Indians of the aforesaid tribe, and his efforts for their benefit, the
United States agree to give him, out of the annuities to said tribe, the
sum of two hundred dollars annually, being the same amount as is paid
the head chiefs as aforesaid; and also to the eight leading men pre¬
sented by the said tribe as the headmen and advisers of the principal
chiefs, and to their successors in office, the sum of fifty dollars per
annum, so long as they remain faithful to their treaty obligations; and
'provided that the President may, at his discretion, vary the amount
paid to the chiefs, if in his judgment there may be either by the fidel¬
ity or efficiency of any of said chiefs sufficient cause; yet not so as to
change the aggregate amount.

Article 8. It is understood and agreed by the parties to this treaty,
that if any of the bands of Indians, parties hereto, shall violate any of
the agreements, stipulations, or obligations herein contained, the
United States may withhold, for such length of time as the President
may determine, any portion or all the annuities agreed to be paid to
said Indians under the provisions of this treaty.

Article 9. The annuities of the aforesaid Indians shall not betaken
to pay the debts of individuals, but satisfaction for depredations com¬
mitted by them shall be made in such manner as the President may
direct.

Article 10. This treaty shall be obligatory upon the aforesaid tribe
of Indians from the date hereof, and upon the United States so soon as
the same shall be ratified by the President and Senate.

Article 11. Any amendment or modification of this treaty by the
Senate of the United States, not materially changing the nature or
obligation of the same, shall be considered final and binding on said
bands the same as if it had been subsequently presented and agreed to
by the said chiefs and headmen, in open council.

AD(D)ENDA.

bySa^rosenventrehlnd The chiefs and headmen of the Gros Ventres and Mandan tribes,
Mandan tribes become heretofore long associated with the Arickarees named in the foregoing
gofng treaty! he fore' treaty, and anxious to continue their residence in the same community
and perpetuate their friendly relations with the Arickarees and the
United States, do concur in, and become parties and participants in
and to all the stipulations of the foregoing treaty.

And it being made known to all the tribes thus associated that the
United States may desire to connect a line of stages with the river, at
the salient angle thereof about thirty miles below this point, and may
desire to establish settlements and convenient supplies and mechanical
structures to accommodate the growing commerce and travel, by land
and river, the chiefs and headmen of the Arickarees, Gros Ventres,
and Mandans, acting and uniting also with the commissioners of the
United States aforesaid, do hereby convey to the United States all
their right and title to the following lands, situated on the northeast
side of the Missouri River, to wit: Beginning on the Missouri River at
the mouth of Snake River, about thirty miles below Ft. Berthold;
thence up Snake River and in a northeast direction twenty-five miles;
thence southwardly parallel to the Missouri River to a point opposite
and twenty -five miles east of old Ft. Clarke; thence west to a point on
the Missouri River opposite to old Ft. Clarke; thence up the Missouri
River to the place of beginning: Provided , That the premises here
named shall not be a harbor for Sioux or other Indians when they are
hostile to the tribes, parties to this treaty; but it shall be the duty of

APPENDIX.

797

the United States to protect and defend these tribes in the lawful
occupation of their homes, and in the enjoyment of their civil rights,
as the white people are protected in theirs.

Article 2. It is also agreed by the three tribes aforesaid, now
united in this treaty as aforesaid, that in consideration of the premises
named in the aforesaid treaty, and the further consideration of the
cession of lands at Snake River, in addition to the payments by the
United States of annuities there named to the Arickarees, there shall
be paid five thousand dollars to the Gros Ventres, and five thousand
dollars to the Mandans, annually, in goods, at the discretion of the
President. And for the Gros Ventres and Mandan tribes twenty per
cent, of their annuity may be expended for agricultural, mechanical,
and other purposes as specified in the latter clause of Article Seven of
the aforesaid treaty.

And also out of the aforesaid annuity to the Gros Ventres there shall
be paid to the first, or principal chief, the sum of two hundred dollars
each, annually, and to the six soldier chiefs the sum of fifty dollars
each, annually.

There shall also be paid to the head, or principal chief, of the Man-
dans, out of the annuities of said tribe, the sum of two hundred dol¬
lars, annually, and to each of the nine soldier chiefs the sum of fifty
dollars, annually.

AGREEMENT WITH SISSETON AND WAHPETON BANDS OF SIOUX
INDIANS, 1872.

[See Sisseton, S. 247 (1872).]

Whereas, the Sisseton and Wahpeton bands of Dakota or Sioux September 20, 1872.
Indians made and concluded a treaty with the United States, at the unratmed.
city of Washington, D. C., on the 19th day of February, A. D. 1867, see 1874, e. 389, is
which was ratified, with certain amendments, by the Senate of the stat’ 167-
United States on the 15th day of April, 1868, and finally promulgated
by the President of the United States on the 2d day of Majq in the
year aforesaid, by which the Sisseton and Wahpeton bands of Sioux
Indians ceded to the United States certain privileges and rights sup¬
posed to belong to said bands in the territory described in article two
(2) of said treaty, and

Whereas , it is desirable that all said territory, except the portion
thereof comprised in what is termed the permanent reservations, par¬
ticularly described in articles three (3) and four (4) of said treaty, shall
be ceded absolutely to the United States, upon such consideration as
in justice and equity should be paid therefor by the United States; and,

Whereas, said territory, now proposed to be ceded, is no longer
available to said Indians for the purposes of the chase, and such value
or consideration is essentially necessary in order to enable said bands
interested therein to cultivate portions of said permanent reservations,
and become wholly self-supporting by the cultivation of the soil and
other pursuits of husbandry: therefore, the said bands, represented in
said treaty, and parties thereto, by their chiefs and head-men, now
assembled in council, do propose to M. N. Adams, William H. Forbes,
and James Smith, jr., commissioners on behalf of the United States,

^J^VsT^To cede, sell, and relinquish to the United States all their
right, title, and interest in and to all lands and territory, particularly
described in article two (2) of said treaty, as well as all lands in the
Territory of Dakota to which they have title or interest, excepting the
said tracts particularly described and bounded in articles three (3) and
four (4) of said treaty, which last-named tracts and territory are
expressly reserved as permanent reservations for occupancy and culti-

798

APPENDIX.

vation, as contemplated by articles eight, (8,) nine, (9,) and ten (10) of
said treaty.

Second. That, in consideration of said cession and relinquishment, the
United States shall advance and pay, annually, for the term of ten (10)
years from and after the acceptance by the United States of the propo¬
sition herein submitted, eighty thousand (80,000) dollars, to be expended
under the direction of the President of the United States, on the plan
and in accordance with the provisions of the treaty aforesaid, dated
February 19, 1867, for goods and provisions, for the erection of manual-
labor and public school-houses, and for the support of manual-labor and
public schools, and in the erection of mills, blacksmiths-shops, and other
workshops, and to aid in opening farms, breaking land, and fencing the
same, and in furnishing agricultural implements, oxen, and milch-cows,
and such other beneficial objects as may be deemed most conducive to
the prosperity and happiness of the Sisseton and Wahpeton bands of
Dakota or Sioux Indians entitled thereto according to the said treaty of
February 19, 1867. Such annual appropriation or consideration to be
apportioned to the Sisseton and Devil’s Lake agencies, in proportion to
the number of Indians of the said bands located upon the Lake Trav¬
erse and Devil’s Lake reservations respectively. Such apportionment
to be made upon the basis of the annual reports or returns of the agents
in charge. Said consideration, amounting, in the aggregate, to eight
hundred thousand (800,000) dollars, payable as aforesaid, without
interest.

sections 3 to 9 inciu- Third. As soon as may be, the said territory embraced within said

amended0^ agreement reservation described in article four, (4,) (Devil’s Lake reservation,) shall
following. be surveyed, as Government lands are surveyed, for the purpose of

enabling the Indians entitled to acquire permanent rights in the soil, as
contemplated by article five (5) of said treaty.

Fourth. We respectfully request that, in case the foregoing proposi¬
tions are favorably entertained by the United States, the sale of spirit¬
uous liquors upon the territory ceded may be wholly prohibited by the
United States Government.

Fifth. The provisions of article five (5) of the treaty of February 19,
1867, to be modified as follows: An occupancy and cultivation of five
(5) acres, upon any particular location, for a term of (5) consecutive
years, shall entitle the party to a patent for forty acres; a like occu¬
pancy and cultivation of ten (10) acres, to entitle the party to a patent
to eighty acres; and a like occupancy and cultivation of any tract, to
the extent of twenty acres, shall entitle the party so occupying and
.cultivating to a patent for 160 acres of land. Parties who have already
selected farms and cultivated the same may be entitled to the benefit of
this modification. Patents so issued (as hereinbefore set forth) shall
authorize a transfer or alienation of such lands situate within the Sis¬
seton agency, after the expiration of ten (10) years from this date, and
within the Devil’s lake reservation after the expiration of fifteen (15)
years, but not sooner.

Sixth. The consideration to be paid, as hereinbefore proposed, is in
addition to the provision of article 6 (6) of the treaty of February 19,
1867, under which Congress shall appropriate, from time to time, such
an amount as may be required to meet the necessities of said Indians,
to enable them to become civilized.

Seventh. Sections sixteen (16) and thirty-six (36) within the reserva¬
tions shall be set apart for educational purposes, and all children of a
suitable age within either reservation shall be compelled to attend
school at the discretion of the agents.

Eighth. At the expiration of ten (10) years, from this date, all mem¬
bers of said bands under the age of twenty-one years shall receive
forty acres of land from said permanent reservations in fee simple.

APPENDIX.

799

Ninth. At the expiration of ten (10) years, the President of the
United States shall sell or dispose of all the remaining or unoccupied
lands in the lake Traverse reservation, (excepting that which may
hereafter be set apart for school purposes;) the proceeds of the sale of
such lands to be expended for the benefit of the members of said bands
located on said lake Traverse reservation; and, at the expiration of
fifteen (15) years, the President shall sell or dispose of all the remain¬
ing unoccupied lands (excepting that which may be hereafter set apart
for school purposes) in the Devil’s Lake reservation; the proceeds of
the sale of such land shall be expended for the benefit of all members
of said bands who may be located on the said Devil’s Lake reservation.

Executed at Sisseton agency, Dakota territory, Lake Traverse res¬
ervation, this 20th day of September, A. D. 1872.

AMENDED AGREEMENT WITH CERTAIN SIOUX INDIANS, 1873.

[See Sisseton S. 128, and I. 355 (1873).]

Whereas, the Sisseton and Wahpeton Bands of Dakota or Sioux _
Indians , on the 20th day of September A. D. 1872 made and entered
into an agreement in writing, signed on one part by the Chiefs and st
headmen of said bands, with the assent and approval of the members 24
of [said] bands, and upon the other part by Moses N. Adams , James
Smith , jr. , and William H. Forbes , commissioners on the part of the
United States; which said agreement is as follows, to wit:

“ Whereas , the Sisseton and Wahpeton bands of Dakota or Sioux In¬
dians made and concluded a treaty with the United States, at the city
of Washington, D. C., on the 19th day of February, A. D. 1867, which
was ratified, with certain amendments, by the Senate of the United
States on the 15th day of April, 1867, and finally promulgated by the
President of the United States on the 2d day of May, in the year afore¬
said, by which the Sisseton and Wahpeton bands of Sioux Indians ceded
to the United States certain privileges and rights supposed to belong
to said bands in the territory described in article II of said treaty, and

4fc Whereas, it is desirable that all said territory, except the portion
thereof comprised in what is termed the permanent reservations, par¬
ticularly described in articles III and IV of said treaty, shall be ceded
absolutely to the United States, upon such consideration as in justice
and equity should be paid therefor by the United States; and

“ Whereas , said territory, now proposed to be ceded, is no longer
available to said Indians for the purposes of the chase, and such value
or consideration is essentially necessary in order to enable said bands
interested therein to cultivate portions of said permanent reservations,
and become wholly self-supporting by the cultivation of the soil and
other pursuits of husbandry; therefore , the said bands, represented in
said treaty, and parties thereto, by their chiefs and head-men, now
assembled in council, do propose to M. N. Adams, William H. Forbes,
and James Smith, jr., commissioners on behalf of the United States,
as follows:

“ First. To cede, sell, and relinquish to the Lmted States all their
right, title, and interest in and to all lands and territory, particularly
described in article II of said treaty, as well as all lands in the Terri¬
tory of Dakota to which they have title or interest, excepting the said
tracts particularly described and bounded in articles 111 and IV of said
treaty, which last named tracts and territory are expressly reserved
as permanent reservations for occupancy and cultivation, as contem¬
plated by articles VIII, IX, and X of said treaty.

“ Second. That, in consideration of said cession and relinquishment,
the United States shall advance and pay, annually, for the term of ten

May 2, 1873.

Confirmed by acts.

Feb. 14, 1873, 17
at., 456, and June
, 1874, 18 Stat., 167.

800

APPENDIX.

Third to ninth sec¬
tions stricken out by
amendment.

years from and after the acceptance by the United States of the propo¬
sition herein submitted, eighty thousand (80,000) dollars, to be expended
under the direction of the President of the United States, on the plan
and in accordance with the provisions of the treaty aforesaid, dated
February 19, 1867, for goods and provisions, for the erection of manual-
labor and public school-houses, and for the support of manual- labor and
public schools, and in the erection of mills, blacksmith-shops, and
other work-shops, and to aid in opening farms, breaking land, and
fencing the same, and in furnishing agricultural implements, oxen, and
milch-cows, and such other beneficial objects as may be deemed most
conducive to the prosperity and happiness of the Sisseton and Wahpe-
ton bands of Dakota or Sioux Indians entitled thereto according to
the said treaty of February 19, 1867. Such annual appropriation or
consideration to be apportioned to the Sisseton and Devil’s Lake agen¬
cies, in proportion to the number of Indians of the said bands located
upon the Lake Traverse and Devil’s Lake reservations respectively.
Such apportionment to be made upon the basis of the annual reports or
returns of the agents in charge. Said consideration, amounting, in the
aggregate, to eight hundred thousand (800,000) dollars, payable as
aforesaid, without interest.

“Third. As as soon as may be, the said territory embraced within
said reservation described in article IV, (Devil’s Lake reservation,)
shall be surveyed, as Government lands are surveyed, for the purpose
of enabling the Indians entitled to acquire permanent rights in the
soil, as contemplated by article V of said treaty.

“ Fourth. We respectfully request that, in case the foregoing propo¬
sitions are favorably entertained by the United States, the sale of
spirituous liquors upon the territory ceded may be wholly prohibited
by the United States Government.

“Fifth. The provisions of article V of the treaty of February 19,
1867, to be modified as follows: An occupancy and cultivation of five
acres, upon any particular location, for a term of five consecutive
years, shall entitle the party to a patent for forty acres; a like occu¬
pancy and cultivation of ten acres, to entitle the party to eighty acres;
and a like occupancy and cultivation of any tract, to the extent of
twenty acres, shall entitle the party so occupying and cultivating to a
patent for 160 acres of land. Parties who have already selected farms
and cultivated the same, may be entitled to the benefit of this modifi¬
cation. Patents so issued, (as hereinbefore set forth) shall authorize
a transfer or alienation of such lands situate within the Sisseton agency,
after the expiration of ten years from this date, and within the Devil’s
Lake reservation after the expiration of fifteen years, but not sooner.

“Fifth (sixth). The consideration to be paid, as hereinbefore pro¬
posed, is in addition to the provisions of Article VI of the treaty of
February 19, 1867, under which Congress shall appropriate from time
to time, such an amount as may be required to meet the necessities of
said Indians to enable them to become civilized.

“Sixth (seventh). Sections sixteen and thirty-six within the reser¬
vations shall be set apart for educational purposes, and all children of
a suitable age within either reservation shall be compelled to attend
school at the discretion of the agents.

“Seventh (eighth). At the expiration of ten years from this date, all
members of said bands, under the age of twenty-one years, shall
receibe forty acres of land from said permanent reservations iri fee
simple.

“Eighth (ninth). At the expiration of ten years, the President of
the United States shall sell or dispose of all the remaining or unoccu¬
pied lands in the lake Traverse reservation, (excepting that which may
hereafter be set apart for school purposes;) the proceeds of the sale
of such lands to be expended for the benefit of the members of said

APPENDIX.

801

bands located on said Lake Traverse; and, at tne expiration of fifteen
years, the President shall sell or dispose of all the remaining unoccu¬
pied lands (excepting that which may hereafter beset apart for school
purposes) in the Devil’s Lake reservation; the proceeds of the sales of
such lands shall be expended for the benefit of all members of said
bands who may be located on the said Devil’s Lake reservation.

“Executed at Sisseton Agency, Dakota Territory, Lake Traverse
reservation, this 20th day of September, A. D. 1872.

And whereas, the Congress of the United States, upon consideration
of the provisions of said agreement hereinbefore recited, did, by the
act making appropriations for the current and contingent expenses of
the Indian department, and for fulfilling treaty stipulations with vari
ous Indian tribes, for the year ending June thirtieth, eighteen hun¬
dred and seventy-four, and for other purposes, approved February
14th, 1873, provide as follows, to wit: “For this amount, being the
first of ten installments of the sum of eight hundred thousand dollars
named in a certain agreement made by the commissioners appointed
by the Secretary of the Interior, under the provisions of the act of
June seventh, eighteen hundred and seventy -two, with the Sisseton
and Wahpeton bands of Sioux Indians for the relinquishment by said
Indians of their claim to, or interest in, the lands described in the
second article of the treaty made with them February nineteenth,
eighteen hundred and sixty-seven : the same to be expended under the
direction of the President, for the benefit of said Indians, in the man¬
ner prescribed in said treaty of eighteen hundred and sixty-seven, as
amended by the Senate, eighty thousand dollars. And the said agree¬
ment is hereby confirmed, excepting so much thereof as is included in
paragraphs numbered respectively, third, fourth, fifth, sixth, seventh,
eighth, and ninth: Provided , That no part of this amount shall be
expended until after the ratification, by said Indians, of said agree¬
ment as hereby amended.”

And whereas, the said Bands of Dakota or Sioux Indians have been
duly assembled in council, and therein represented by the chiefs and
head-men, and the provisions of said act of Congress, and amendments
thereby made to the said above recited agreement, having been fully
explained by the commissioners on the part of the United States, and
the said agreement as amended having been fully interpreted, and now
being understood, we the said chiefs and head-men of the said Sisseton
and Wahpeton Bands, duly authorized by our people so to do, do hereby
accept, assent to, confirm, ratify and agree to the said amendments,
and to the said agreement as amended, and declare that the same is,
and shall hereafter be binding upon us and the members of said Bands.

Witness our hands and seals at the Lac Traverse agency, Dakota
Territory, this second day of May, A. D. 1873.

AGREEMENT WITH THE CROWS, 1880.

[See Montana C. 839 (1880).]

The chiefs of the Crow tribe of Indians now present in Washington
hereby give their own consent and promise to use their best endeavors
to procure the consent of the adult male members of said tribe to cede
to the United States all that part of the present Crow reservation in
the Territory of Montana described as follows, to wit:

Beginning in mid-channel of the Yellowstone River, at a point oppo¬
site the mouth of Boulder Creek; thence up the mid-channel of said river
to the point where it crosses the southern boundary of Montana, being

S. Doc. 452 - 51

May 14, 1880.
Unratified.

APPENDIX.

the forty-fifth degree of north latitude; thence east along said parallel
of latitude to the one hundred and ninth meridian of longitude; thence
north on said meridian, to a point six miles south of the first standard
parallel south, being on the township-line between townships six and
seven south; thence west on said township-line to the one hundred and
tenth meridian of longitude; thence north along said meridian to a point
either west or east of the source of the Eastern Branch of Boulder
Creek; thence in a straight line to the source of the Eastern Branch of
Boulder Creek; thence down said Eastern Branch to Boulder Creek;
thence down Boulder Creek, and to the place of beginning.

The said chiefs of the Crow tribe of Indians promise to obtain the con¬
sent of their people as aforesaid to the cession of the territory of their
reserve as above, on the following express conditions:

First. That the Government of the United States cause the agri¬
cultural lands remaining in their reservation to be properly surveyed
and divided among the said Indians in severalty in the proportions
hereinafter mentioned, and to issue patents to them respectively there¬
for, so soon as the necessary laws are passed by Congress. Allotments
in severalty of said surveyed lands shall be made as follows : To each
head of a family not more than one-quarter of a section, with an addi¬
tional quantity of grazing-land, not exceeding one-quarter of a sec¬
tion. To each single person over eighteen years of age not more than
one-eighth of a section, with an additional quantity of grazing-land not
exceeding one-eighth of a section. To each orphan child under eighteen
years of age not more than one-eighth of a section, with an additional
quantity of grazing land not exceeding one-eighth of a section, and to
each other person, under eighteen years, or who may be born prior
to said allotments, one-eighth of a section, with a like quantity of
grazing land. All allotments to be made with the advice of the Agent
for said Indians, or such other person as the Secretary of the Interior
may designate for that purpose, upon the selection of the Indians,
heads of families selecting for their minor children, and the agent
making the allotment for each orphan child.

The title to be acquired by the Indians shall not be subject to aliena¬
tion, lease, or incumbrance, either by voluntary conveyance of the
grantee or his heirs, or by the judgment, order, or decree of any
court, or subject to taxation of any character, but shall be and remain
inalienable, and not subject to taxation for the period of twenty -five
years, and until such time thereafter as the President may see fit to
remove the restriction, which shall be incorporated in the patents.

Second. That in consideration of the cession of territory to be made
by the said Crow tribe, the United States, in addition to the annuities
and sums for provisions and clothing stipulated and provided for in
existing treaties and laws, agrees to appropriate annually for twenty-
five years, the sum of thirty thousand dollars, to be expended under
the direction of the President for the benefit of the said Indians, in
assisting them to erect houses, to procure seeds, farming implements,
stock, or in cash, as the President may direct.

Third. That if at any time hereafter the Crow Indians shall consent
to permit cattle to be driven across their reservation or grazed on the
same, the Secretary of the Interior shall fix the amount to be paid by
parties desiring to so drive or graze cattle; all moneys arising from
this source to be paid to the Indians under such rules and regulations
as the Secretary of the Interior may prescribe.

Fourth. All the existing provisions of the treaty of May seventh,
1868, shall continue in force.

4PPENDIX.

803

AGREEMENT WITH SHOSHONI, BANNACK, AND SHEEPEATERS,

OF IDAHO, 1880.

[See Idaho S. 1593.]

r™ , n ^ _ May 14, 1880.

The chiefs and headmen of the Shoshones, Bannacks, and Sheep- unratmed.
eaters of the Lemhi Agency hereby agree to surrender their reserva¬
tion at Lemhi and to remove to and settle upon the Fort Hall
Reservation in Idaho, and to, take up lands in severalty on that reser¬
vation as hereinafter provided.

2. The chiefs and headmen of the Shoshones and Bannacks of Fort
Hall hereby agree to the settlement of the Lemhi Indians upon the
Fort Hall Reservation in Idaho, and they also agree to cede to the
United States the following territory, namely:

Beginning where the north line of township nine south intersects
with the eastern line of their reservation; thence west with the exten¬
sion of said line to the Port Neuf River; thence down and with the
Port Neuf River to where said township line crosses the same; thence
west with said line to Marsh Creek; thence up Marsh Creek to where
the north line of township number ten south intersects with the same;
thence west with said line to the western boundary of said reservation;
thence south and with the boundaries of said reservation to the place
of beginning; including also such quantity of land on the north side of
the Port Neuf River as H. O. Harkness may be entitled to enter under
existing law, the same to be conformed to the public surveys so as to
include the improvement of said Harkness.

3. In view of the cessions contained in the above articles, the United
States agree to pay to the Lemhi Indians the sum of four thousand
dollars per annum for twenty years, and to the Fort Hall Indians the
sum of six thousand dollars per annum for twenty years, the same to
be in addition to any sums to which the above-named Indians are now
entitled by treaty, and all provisions of existing treaties, so far as
they relate to funds, to remain in full force and effect.

4. Allotments in severalty of the remaining lands on the Fort Hall
Reservation shall be made as follows: To each head of a family not
more than one quarter of a section, with an additional quantity of
grazing-land not exceeding one-quarter of a section. To each single
person over eighteen years of age, and to each other person under
eighteen years, now living, or who may be born prior to said allot¬
ments, not more than one-eighth of a section, with an additional
quantity of grazing-land not exceeding one-eighth of a section. All
allotments to be made with the advice of the agent for said Indians,
or such other person as the Secretary of the Interior may designate
for that purpose, upon the selections of the Indians, heads of families
selecting for their minor children, and the agent making the allotment
for each orphan child.

5. The Government of the United States shall cause the lands of the
Fort Hall reservation, above named, to be properly surveyed and to be
divided among the said Indians in severalty in the proportions herein¬
before mentioned, and shall issue patents to them respectively therefor
so soon as the necessary laws are passed by Congress. The title to be
acquired thereto by the Indians shall not be subject to alienation, lease,
or incumbrance, either by voluntary conveyance of the grantee or his
heirs or by the judgment, order, or decree of any court, or subject to
taxation of any character, but shall be and remain inalienable and not
subject to taxation for the period of twenty-five years, and until such
time thereafter as the President may see fit to remove the restriction,
which shall be incorporated in the patents.

Done at the city of Washington, this fourteenth day of May, anno
Domini eighteen hundred and eighty .

804

APPENDIX.

AGREEMENT WITH SIOUX OF VARIOUS TRIBES, 1882-83.

0ct' 17, Jan 3’ ~ This agreement made pursuant to an item in the sundry civil act of
~^nratifled ~ Congress, approved August 7, 1882, by Newton Edmunds, Peter C.
see h. r. Ex. Doc. shannon, and James H. Teller, duly appointed commissioners on the
CoaS!eK' 2d Part,°f the United Statee, and the different bands of the Sioux Indians
by their chiefs and headmen whose names are hereto subscribed, they
being duly authorized to act in the premises, witnesseth that —

Article I.

Whereas it is the policy of the Government of the United States to
provide for said Indians a permanent home where they may live after
the manner of white men, and be protected in their rights of property,
person and life, therefore to carry out such policy it is agreed that
hereafter the permanent of the various bands of said Indians shall be
upon the separate reservations hereinafter described and set apart.
Said Indians, acknowledging the right of the chiefs and headmen of
the various bands at each agency to determine for themselves and for
their several bands, with the Government of the United States, the
boundaries of their separate reservations, hereby agree to accept and
abide by such agreements and conditions as to the location and boun¬
daries of such reservations as may be made and agreed upon by the
United States and the band or bands for which such separate reserva¬
tion mav be made, and as the said separate boundaries may be herein
set forth.

Article II.

Ta<tioen-indiifnsRclde The said Indians do hereby relinquish and cede to the United States
title t0- all of the Great Sioux Reservation — as reserved to them by the treaty

of 1868, and modified by the agreement of 1876 — not herein specific¬
ally reserved and set apart as separate reservations for them. The
said bands do severally agree to accept and occupy the separate reser¬
vations to which they are herein assigned as their permanent homes,
and they do hereby severally relinquish to the other bands respectively
occupying the other separate reservations, all right, title, and interest
in and to the same reserving to themselves only the reservation herein
set apart for their separate use and occupation.

Article III.

eraitytments in sev' consideration of the cession of territory and rights, as herein
made, and upon compliance with each and every obligation assumed
by the said Indians, the United States hereby agrees that each head of
a family entitled to select three hundred and twenty acies of land,
under Article 6, of the treaty of 1868, may, in the manner and form
therein prescribed, select and secure for purposes of cultivation, in
addition to said three hundred and twenty acres, a tract of land not
exceeding eighty (80) acres, within his reservation, for each of his
children, living at the ratification of this agreement, under the age of
eighteen (18) years; and such child, upon arriving at the age of eight¬
een years shall have such selection certified to him or her in lieu of
the selection granted in the second clause of said Article 6; but no
right of alienation or encumbrance is acquired by such selection and
occupation; unless hereafter authorized by act of Congress.

Article IV.

niched Indians6 fur~ The United States further agrees to furnish and deliver to the said

Indians twenty -five thousand cows, and one thousand bulls, of which
the occupants of each of said separate reservations shall receive such

APPENDIX.

805

proportion as the number of Indians thereon bears to the whole num¬
ber of Indian parties to this agreement. All of the said cattle and
their progeny shall bear the brand of the Indian department, and shall
be held subject to the disposal of said department, and shall not be
sold, exchanged or slaughtered, except by consent or order of the
agent in charge, until such time as this restriction shall be removed
by the Commissioner of Indian Affairs.

Article V.

It is also agreed that the United States will furnish and deliver to Oxen to be fur-
each lodge of said Indians or family of persons legally incorporated Sed Indian allot'
with them, who shall, in good faith, select land within the reservation
to which such lodge or family belongs, and begin the cultivation
thereof, one good cow, and one well broken pair of oxen, with yoke
and chain, within reasonable time after making such selection and
settlement.

Article VI.

The United States will* also furnish to each reservation herein made etPhysician’ farmer’
and described, a physician, carpenter, miller, engineer, farmer, and 6
blacksmith, for a period of ten years from the date of this agreement.

Article VII.

It is hereby agreed that the sixteenth and thirty-sixth sections of ^Reservation for
each township in said separate reservations shall be reserved for school sc 00 purposes'
purposes, for the use of the inhabitants of said reservations, as pro¬
vided in sections 1946 and 1947 of the revised statutes of the United
States.

It is also agreed that the provisions of Article VII of the treaty of Education annuity.
1868, securing to said Indians the benefits of education, shall be con¬
tinued in force for not less than twenty (20) years, from and after the
ratification of this agreement.

Article VIII.

The provisions of the treaty of 1868, and the agreement of 1870,
except as herein modified, shall continue in full force.

This agreement shall not be binding upon either party until it shall
have received the approval of the President and Congress of the United
States.

Dated and signed at Santee Agency, Nebraska, October 17th, 1882.

* ******

It is hereby agreed that the separate reservation for the Indians separate reserva-
receiving rations and annuities at Pine Ridge Agency, Dakota, shall
be bounded and described as follows, to wit:

Beginning at the intersection of the one hundred and third meridian
of longitude with the northern boundary of the state of Nebraska,
thence north along said meridian to the south fork of Cheyenne river,
and down said stream to a point due west from the intersection of
White River with the one hundred and second meridian; thence due
east to said point of intersection and down said White River to a point
in longitude one hundred and one degrees and twenty minutes west,
thence due south to said north line of the State of Nebraska, thence
west on said north line to the place of beginning.

Dated and signed at Pine Ridge Agency, Dakota, October 28th, 1882.

806

APPENDIX.

*******

tionparfor RoSd It.i® hereb7 a£reed that the separate reservation for the Indians
Agency Indians. receiving rations and annuities at Rosebud Agency, Dakota, shall be
hounded and described as follows, to wit: —

Beginning on the north boundary of the State of Nebraska, at a
point in longitude one hundred and one degrees and twenty minutes
west, and. running thence due north to White River, thence down said
White River to a point in longitude ninety-nine degrees and thirty
minutes west, thence due south to said north boundary of the state of
Nebraska, and thence west on said north boundary to the place of begin¬
ning. If any of said Indians belonging to the Rosebud agency have per¬
manently located east of longitude ninety -nine degrees and thirty
minutes, they may hold the lands so located, and have the same certi
tied to them in accordance with the provisions of Article 6, of the
treaty of 1868 and Article III of this agreement, or they may return
to the separate reservation above described, in which case they shall
be entitled to receive from the government the actual value of all
improvements made on such locations.

Dated and signed at Rosebud Agency, Dakota, this 6th dav of
November, 1882.

*******

tilnpafore stS 11 M bereb7 agreed that the separate reservations for the Indians
Rock Agency Indians! receiving rations and annuities at Standing Rock Agency, Dakota,
shall be bounded and described as follows, to wit: —

Beginning at a point at low-water mark, on the east bank of the
Missouri River, opposite the mouth of cannon ball river; thence down
said east bank along said low-water mark to a point opposite the
mouth of Grand River, thence westerly to said Grand River, and up
and along the middle channel of the same to its intersection with the
one hundred and second meridian of longitude; thence north along
said meridian to its intersection with the south branch of Cannon Ball
River — also known as Cedar Creek; thence down said south branch of
Cannon Ball River to its intersection with the main Cannon Ball River,
and down said main Cannon Ball River to the Missouri River at the
place of beginning.

Dated and signed at Standing Rock Agency, Dakota, this 30th dav
of November, 1882.

****** *

forecheteennerVRiTCr hereby agreed that the separate reservation for the Indians

Agency iXLs. r receiving rations and annuities at Cheyenne River Agency, Dakota, and
for such other Indians as may hereafter be assigned thereto, shall be
bounded and described as follows, to wit: —

Beginning at a point at low-water mark on the east bank of the Mis¬
souri River opposite the mouth of Grand River said point being the
south-easterly corner of the Standing-Rock Reservation ; thence down
said east bank of the Missouri River along said low-water mark to a
point opposite the mouth of the Cheyenne river; thence west to said
Cheyenne River and up the same to its intersection with the one hun¬
dred and second meridian of longitude; thence north along said merid¬
ian to its intersection with the Grand River; thence down said Grand
River, along the middle channel thereof, to the Missouri River, at the
place of beginning.

It is also agreed that said Indians shall receive all necessary aid from
the government in their removal to said reservation, and when so
removed, each of said Indians shall be entitled to receive from the gov¬
ernment the full value of all improvements in buildings or on lands
owned by him at the time of such removal and lost to him thereby.
Said compensation shall be given in such manner and on such appraise¬
ments as shall be ordered by the Secretary of the Interior.

APPENDIX.

807

Dated and signed at Cheyenne River Agency, Dakota, this 21st day
of December.

*******

It having been understood and agreed by the undersigned commis¬
sioners and the Brule Indians at Rosebud Agency, parties to this agree¬
ment, that the reservation for the Lower Brule Indians shall be located
between the Rosebud Reservation and the Missouri River, it is hereby
agreed that the reservation for the said Brule Indians, now at Lower
Brule Agency, Dakota, and for such other Indians as may be assigned
thereto, shall consist of all that part of township No. 103, range 72,
west of the 5th principal meridian, in the Territory of Dakota, lying
on the north bank of the White River, together with the tract of land
bounded and described as follows, to wit:

Beginning at a point at low-water mark on the east bank of the Mis¬
souri River opposite the mouth of the said White River; thence down
said east bank of the Missouri River along said low- water mark to a
point opposite the mouth of Pratt Creek; thence due south to the
forty-third parallel of latitude; thence west along said parallel to a
point in longitude ninety-nine degrees and thirty minutes west; thence
due north along the eastern boundary of Rosebud Reservation to the
White River, and thence down said White River to the Missouri River,
at the place of beginning. It is also agreed that said Indians shall
receive all necessary aid from the government in their removal to said
reservation, and when so removed each of said Indians shall be entitled
to receive from the government the full value of all improvements, in
buildings or on lands, owned by him at the time of such removal and
lost to him thereby. Said compensation shall be made in such manner
and on such appraisement as shall be ordered by the Secretary of the
Interior.

Witness our hands and seals this 23rd day of January, 1883.

* * * * * * *

AGREEMENT WITH COLUMBIA AND COLVILLE, 1883.

In the conference with chief Moses and Sar-sarp-kin, of the Columbia
reservation, and Tonaskat and Lot, of the Colville reservation, had
this day, the following was substantially what was asked for by the
Indians:

Tonasket asked for a saw and grist mill, a boarding school to be
established at Bonaparte Creek to accommodate one hundred pupils
(100), and a physician to reside with them, and $100. (one hundred) to
himself each year.

Sar-sarp-kin asked to be allowed to remain on the Columbia reser¬
vation with his people, where they now live, and to be protected in
their rights as settlers, and in addition to the ground they now have
under cultivation within the limit of the fifteen mile strip cut off from
the northern portion of the Columbia Reservation, to be allowed to
select enough more unoccupied land in Severalty to make a total to
Sar-sarp-kin of four square miles, being 2,560 acres of land, and each
head of a family or male adult one square mile; or to move on to the
Colville Reservation, if they so desire, and in case they so remove,
and relinquish all their claims to the Columbia Reservation, he is to
receive one hundred (100) head of cows for himself and people, and
such farming implements as may be necessary.

All of which the Secretary agrees they should have, and that he
will ask Congress to make an appropriation to enable him to perform.

The Secretary also agrees to ask Congress to make an appiopriation
to enable him to purchase for Chief Moses a sufficient number of cows
to furnish each one of his band with two cows; also to give Moses one

Separate reservation
for Lower Bruits.

July 7, 1883.

Unratifled.

See report of Com¬
missioner of Indian
Affairs for 1882, p.lxx.

808

APPENDIX.

thousand dollars ($1,000) for the purpose of erecting a dwelling-house
for himself; also to construct a saw mill and grist-mill as soon as the
same shall be required for use; also that each Bead of a family or each
male adult person shall be furnished with one wagon, one double set
of harness, one grain cradle, one plow, one harrow, one scythe, one
hoe, and such other agricultural implements as may be necessary.

And on condition that Chief Moses and his people keep this agree¬
ment faithfully, he is to be paid in cash, in addition to all of the above,
one thousand dollars ($1,000) per annum during his life.

All this on condition that Chief Moses shall remove to the Colville
Reservation and relinquish all claim upon the Government for any
land situate elsewhere.

Further, that the Government will secure to Chief Moses and his
people, as well as to all other Indians who may go on to the Colville
Reservation, and engage in farming, equal rights and protection
alike with all other Indians now on the Colville Reservation, and will
afford him any assistance necessary to enable him to carry out the
terms of this agreement on the part of himself and his people. That
until he and his people are located permanently on the Colville Reser¬
vation, his status shall remain as now, and the police over his people
shall be vested in the military, and all money or articles to be furnished
him and his people shall be sent to some point in the locality of his
people, there to be distributed as provided. All other Indians now
living on the Columbia Reservation shall be entitled to 640 acres, or
one square mile of land, to each head of family or male adult, in the
possession and ownership of which they shall be guaranteed and pro¬
tected. Or should they move on to the Colville Reservation within
two years, they will be provided with such farming implements as may
be required, provided they surrender all rights to the Columbia Res¬
ervation.

All of the foregoing is upon the condition that Congress will make
an appropriation of funds necessary to accomplish the foregoing, and
confirm this agreement; and also, with the understanding that Chief
Moses or any of the Indians heretofore mentioned shall not be required
to remove to the Colville Reservation until Congress does make such
appropriation, etc.

H. M. Teller,

Secretary of the Interior .

H. Price,

Commissioner of Indian Affairs.

Moses (his x mark).

Tonasket (his x mark).

Sar-sarp-kin (his x mark).

INDEX.

- rage.

Aioni, treaty of May 15, 1846, at Council Springs . 411

Alabama Indians, referred to in Wyandot treaty of September 20, 1818* 115

Anadaca (see Anadarko) . 411

Appalachicola band of Florida Indians, treaty of October 11, 1832, at Tallahassee . . . ." . ’ ' 255

June 18, 1833 . . . 293

September 18, 1823, modified . 293

Apache, treaty of July 1, 1852, at Santa Fe . 444

July 27, 1853, at Fort Atkinson . 445

October 14, 1865 . 679

referred to . . . 758

October 17, 1865 . 682

October 21, 1865, at Council Camp . 759

Arapaho, treaty of September 17, 1851, at Fort Laramie . . 440

February 18, 1861, at Fort Wise . 614

October 14, 1865, at Little Arkansas River . 679

October 17, 1865 . 682

October 28, 1867, at Council Camp . 760

April 29, 1867, at Fort Laramie . 770

May 10, 1868, at Fort Laramie . . . . 778

Ankara. ( See also Rickara. )

treaty of September 17, 1851, at Fort Laramie . . . . . 440

July 27, 1866, at Fort Berthold (unratified) . 794

Assiniboin, referred to in Blackfoot treaty of October 17, 1855 . 552

treaty of September 17, 1851, at Fort Laramie . 440

Auglaize River, treaty with Ottawa of, July 30, 1831 . 242

Aunce-pa-pas band of Sioux, referred to in Blackfoot treaty of October 17, 1855 . 552

Auricara Village, treaty with. Sioux at, July 16, 1825 . . . 166

Bannock, treaty of July 3, 1868, at Fort Bridger .

Bannock, agreement of May 14, 1880, at Washington (unratified) ....

Belentse-Etoa, treaty of July 30, 1825 . . .

Bellevue, treaty with Oto and others at, October 15, 1836 .

Blackfeet, referred to in treaty of September 17, 1851, at Fort Laramie

treaty of October 17, 1855 . .

Blackfeet, treaty of October 19, 1865, at Fort Sully . .

April 29, 1868, at Fort Laramie .

Black River Band of Chippewa, treaty of May 9, 1836 . . .

August 2, 1855 . .

July 16, 1859 .

October 18, 1864 .

Blanchard’s Creek, Ottawa of, treaty of July 22, 1814 .

February 23, 1867 .

Blanchard’s Fork, Ottawa of, treaty of August 30, 1831 .

June 24, 1862 .

Bloods, treaty of October 17, 1855 .

Box Elder, treaty with Northwestern Shoshoni at, July 30, 1863 .

Broken Arrow, agreement with Creeks at, referred to .

Rrothertown Indians, referred to in Menominee treaty of February 8, 1831.

treaty of January 15, 1838, at Buffalo Creek .

Brownstown, treaty with Chippewa and others at, November 25, 1808 . .

Brule Sioux, treaty of April L 29, 1868 . --------- . ------- .

Buffalo Creek, treaty with New York Indians at, January 15, 1838 .

Seneca at, June 30, 1802 .

May 20, 1842.. .

Butte des Morts, treaty with Chippewa and others at, August 11, 1827 .

786
803
169
355
441
552
687
770
342
550
600
655
76
740
242
633
552
650
190
233
373
72
770
373
45, 46
397
201

810

INDEX.

Caddo, Quapaw to form a part of .

referred to in Quapaw treaty of May 13, 1833 .

treaty of July 1, 1835, at Caddo Agency . . .

May 15, 1846, at Council Springs . .

Caghnawagas, treaty of May 31, 1796, at New York .

Cag-luk-i-mauke band of Kalapuya, treaty of January 22, 1855 .

Cahokia, now a part of the Kaskaskia .

treaty of September 25, 1818, at Edwardsville .

October 27, 1832, at Castor Hill . .

Calapooya. ( See Kalapuya. )

Camp Holmes, treaty with Comanche and others at, August 24, 1825 . .

Camp Moultrie, treaty with Florida Indians at, September, 1823 . .

Camp Stevens, treaty with Nez Perccs at, June 11, 1855 .

Wallawalla and others at, June 9, 1855 .

Yakima and others at, June 9, 1855 .

Canada, treaty with Mohawk of, March 29, 1797 . .

Seven Nations of, May 31, 1796 .

Cape Girardeau, Shawnee and Delawares of, treaty of October 26, 1832 .

Capote Band of Ute, treaty of March 2, 1868 . .

Castor Hill, treaty with Kaskaskia and Peoria at, October 27, 1832 . .

Kickapoo at, October 24, 1832 .

Piankashaw and Wea at, October 29, 1832 .

Shawnee and Delawares at, October 26, 1832 . .

Cayuga, treaty of October 22, 1784, at Fort Stanwix . .

supplemented . . . .

January 9, 1789, at Fort Harmar .

November 11, 1794, at Konondaigua .

January 15, 1838, at Buffalo Creek .

treaty with State of New York acknowledged .

Cayuse, referred to in Yakima treaty of June 9, 1855 .

treaty of June 9, 1855, at Camp Stevens .

Cedar Point, treaty with Menominee at, September 3, 1836 .

Chafan band of Kalapuya, treaty of January 22, 1855 . .

Chasta, Quilsieton, and Nahelton bands, treaty of November 18, 1854 .

referred to

Che-lam-e-la or Long Tom band of Kalapuya, treaty of January 22, 1855 .

Chemakum, treaty of January 26, 1855, at Point No Point .

Chem-a-pho or Maddy band of Kalapuya, treaty of January 22, 1855 . .

Chep-em-a-pho or Marysville band of Kakapuya, treaty of January 22, 1854 _

Cherokee, boundary line of lands referred to in Chickasaw .

referred to in Creek treaty of August 9, 1814 .

February 12, 1825 .

February 14, 1838 .

treaty with New York Indians, November 15, 1838 ....

Potawatomi treaty of February 27, 1867 .

Cherokee, referred to in Seneca treaty of July 20, 1831 . . . .

December 29, 1832 . . .

treaty of November 28, 1785, at Hopewell .

November 28, 1785, referred to .

July 2, 1791, on Holston River .

referred to .

June 26, 1794, at Philadelphia .

October 2, 17987atTemtc°o ’ '. '. ’. '. ". ’. '. *. . ". ’. ' *. ’. ’ .1 ! ’. ’. '. ’ ’ *. ’. . * 1 ".

October 4, 1804, at Tellico . . .

October 25, 1805, at Tellico. . . .

referred to . - . .

October 27, 1805, at Tellico .

January 7, 1806, at Washington .

August 9, 1814, referred to .

March 22, 1816, at Washington . - .

September 14, 1816, at Chickasaw Council House. .

July 8, 1817, at Cherokee Agency .

referred to .

February 27, 1819, at Washington .

referred to. . .

May 6, 1828, at Washington . . .

amended . '. .

February 14, 1833, at Fort Gibson . .

August 24, 1835, at Camp Holmes .

referred to . .

December 29, 1835, at New Echota .

March 1, 1836, supplementary . .

August 6, 1846, at Washington .

Page.

. 148

. 291

. 320

. 411

. 35

. . 498

. 49

. 115

. 275

. 322

. 141

. . 528

. 521

. 524

. 38

. 35

. 270

A. . 765

. 275

. 266

. 280

. 270

. 3

. 18

. 27

. 373

. 27

. 525

. 521

. 344

. 498

. 489

. 491,555

. 498

. 504

. . 498

. 498

. 11

. 78

. 152

. 286

. 374

. 749

. 236

. 281

. 6

. 26

. . 22

. 26,37,39

. 26

. 39,41

. 39

. 145

. 60

. 124

. 61

. 66

. 87

. 86,87

. 92

. 97

. 126,207

. 124

. 207

. 206

284, 286, 325, 417

. 283,325

. 322

. 417,729

. 324

. 332

. 415

INDEX.

811

Cherokee, treaty of July 19, 1866, at Washington .

supplemented .

April 27, 1868 .

Western Band, treaty of May 6, 1828, at Washington . .

treaty of February 14, 1883 . .

Cheyenne, referred to in Potawatomi treaty of September 24, 1857 . .

treaty of July 6, 1825, at mouth of Teton River . .

September 17, 1851, at Fort Laramie . .

February 18, 1861, at Fort Wise. .

October 14, 1865, at Little Arkansas River . .

referred to . . . . .

October 17, 1865 .

October 28, 1867, at Council Camp . .

May 10, 1868, at Fort Laramie .

Chicago, treaty with Chippewa and others at, September 26, 1833 . .

September 27, 1833, supplementary.

Ottawa and others at, August 29, 1821 . .

Chickasaw, referred to in Cherokee treaty of January 7, 1806 .

Choctaw treaty of December 17, 1801 .

Creek treaty of August 9, 1814 . . . _ _ _

Delaware treaty of July 4, 1866 . .

treaty of January 10, 1786, at Hopewell .

referred to .

October 24, 1801, at Chickasaw Bluffs .

July 23, 1805 .

September 20, 1816, at Chickasaw council house .

modified .

October 19, 1818, at Chickasaw Old Town .

amended .

referred to .

August, 1830, at Franklin, referred to .

October 20, 1832, at Chickasaw council house (Pontitock)...

amended . . . .

October 22, 1832, supplementary .

May 24, 1834 .

referred to .

January 17, 1837, at Doabsville .

supplemented . .

June 22, 1852, at Washington . .

November 4, 1854, at Doaksville .

June 22, 1855, at Washington .

April 28, 1866, at Washington .

Chippewa, treaty of January 21, 1785, at Fort McIntosh .

January 25, 1785, amended .

January 9, 1789, at Fort Harmar .

August 3, 1795, at Greenville .

referred to . . . .

July 4, 1805, at Fort Industry. . 1 .

November 17, 1807, at Detroit .

modified . .

November 25, 1808, at Brownstown .

September 8, 1815, at Spring Wells .

August 24, 1816, at St. Louis . r . - - . .

referred to .

September 29, 1817, on the Miami .

September 24, 1819, at Saginaw .

referred to .

June 16, 1820, at Sault Ste. Marie .

referred to .

July 6, 1820, at L’ Arbre Croche and Miehilmackinac .

August 29, 1821, at Chicago .

amended .

August 19, 1825, at Prairie du Chien. .

referred to .

August 5, 1826, at Fond du Lac .

August 11, 1827, at Butte des Morts .

referred to . . . .

August 25, 1828, at Green Bay .

July 29, 1829, at Prairie du Chien . . .

referred to .

September 26, 1833, at Chicago . . .

September 27, 1833, supplementary .

March 28, 1836, at Washington .

May 9, 1836, at Washington .

referred to .

Page.

. . 724

. . 768

. . 206

. . 283

. . 578

. . 164

. . 440

. . 614

. . 679

. . 758

. . 682

. . 760

. . 778

. . 296

. . 304

. . 138

. 67

. 43

. 78

. . 719

. 10

. . 37

. 42

. 57

. 93

. 123

. 122

. 314

. 442

. 263

. 259

.... 310,314,442

. 264

. 309

. 443

. 361

. 487

. 442

. 487

. 531

. 702

. 4

.... 13,14,16,17

. 13

. 30

. 48,69

. 56

342, *360, '551, 601

. 72

. 83

. 91

. . 213

. 100

::::::::'324, 360

. 131

. 335,549

. . 132

. 138

. . 304,334

. . 177

.... 191,201,215

. 191

. 201

. 401

. 209

. 213

. . 296

. 296

. 304

. 334

. 342

. 601

812

INDEX.

Chippewa, treaty of January 14, 1837, at Detroit .

amended .

July 29, 1837, at St. Peters .. .

referred to . . .

December 20, 1837, at Flint River . .

referred to .

January 23, 1838, at Saginaw . . . .

referred to .

February 7, 1839 . .

October 4, 1842, at La Pointe . ] .

June 5 and 17, 1846, at Council Bluffs .

referred to .

August 2, 1847, at Fond du Lac . . .

August 21, 1847, at Leech Lake .

referred to .

September 30, 1854, at La Pointe . .

referred to . . .

amended .

February 22, 1855, at Washington . . . .

referred to .

July 31, 1855, at Detroit .

August 2, 1855, at Detroit . . .

referred to .

July 16, 1859, at Sauk and Foxes Agency .

March 11, 1863, at Washington .

October 2, 1863, at Red Lake River .

referred to . . .

April 12, 1864, at Washington.. .

May 7, 1864, at Washington .

referred to .

October 18, 1864, at Isabella Reserve . . ; . .

March 30, 1865, referred to .

April 7, 1866, at Washington .

March 19, 1867, at Washington .

of Black River, treaty of May 9, 1836 .

August 2, 1855 .

July 16, 1859 .

October 18, 1864 .

Bois Forte Band, treaty of April 7, 1866 .

of Lake Superior, treaty of October 4, 1842 .

August 2, 1847 . . . . .

September 30, 1854 . - .

Lake Winnibigoshish band, treaty of February 22, 1855 .

March 11, 1863 .

/ May 7, 1864 .

of the Mississippi, treaty of October 4, 1842 .

August 2, 1847 .

September 30, 1854 .

February 22, 1855 .

March 11, 1863 .

May 7, 1864 .

March 20, 1865, referred to .

March 19, 1857 .

Pillager band, referred to in treaty of August 2, 1847 .

treaty of August 21, 1847, at Leech Lake .

February 22, 1855 . . .

March 11, 1863 .

May 7, 1864 .

Red Lake and Pembina bands, referred to in Chippewa treaty of May 7, 1864

treaty of October 2, 1863 .

April 12, 1864 .

of Saginaw, treaty of December 20, 1837 . . . . .

January 14, 1837 . . - .

January 23, 1838 _ _ _ _ _

February 7, 1839 .

October 18, 1864 .

Sault Ste. Marie, treaty of August 2, 1855 .

Swan Creek, treaty of May 9, 1836 .

August 2, 1855 .

July 16, 1859 .

October 18, 1864 .

Cho-bah-ah-bish, treaty of January 22, 1855, at Point Elliott .

Choctaw, boundary of lands referred to in Chickasaw treaty .

referred to in Creek treaty of June 29, 1796 .

August 9, 1814 . * .

Page.

. 358

372, 381, 390

. 364

.... 401,513

. 372

. 390

. 381

. 390

. 401

. 413

424, 465, 518

. 421

422

424,’ 465, 753

. 484

. 642

. . 701

. . 513

642, 653, 660

. . 545

.... 549,550
... 601,665

. 600

. 642

. . 653

. 659

. 660

. 754

. 665

. 752

. 700

. 752

. 342

. 550

. 600

. 665

. 700

. 401

. 421

. 484

. 513

. 642

. 660

. 401

. 421

. 484

. 513

. 642

. 660

. 752

. 421

. 422

. 513

. 642

. 661

. 653

. 659

. 372

. 358

. 381

. 390

. 665

. 549

. 342

. 550

. 600

. 665

. 501

. 10,11

. 37

. 78

INDEX.

813

Choctaw, referred to in Creek treaty of February 12, 1825 .

February 14, 1833 . -.

Cherokee treaty of May 6, 1828 .

Chickasaw treaty of October 27, 1805 .

Delaware treaty of July 4, 1866 .

treaty of January 3, 1786, at Hopewell .

referred to .

December 17, 1801, at Fort Adams .

October 17, 1803, at Fort Confederation .

referred to .

August 31, 1803, at Hoe Buckingtoopa .

November 16, 1805, at Mount Dexter .

referred to .

October 24, 1816 . .

October 18, 1820, near Doaks Stand . .

referred to . .

January 20, 1825, at Washington . .

referred to . .

September, 1830, at Dancing Babbit Creek .

referred to . . . .

August 24, 1835, at Camp Holmes .

January 17, 1837, at Doaksville .

supplemented .

November 4, 1854, at Doaksville . .

June 22, 1855, at Washington . .

April 28, 1866, at Washington .

Christian Indians. ( See also Munsee. )

Clackamas, referred to in Delaware treaty of May 6, 1854 .

treaty of January 22, 1855, at Dayton .

Clow-we-wal-la, or Willamette band of Tumwaters, treaty of January 22, 1855.

Colerain, treaty with Creeks at, June 29, 1796 . .

Columbia, agreement of July 7, 1883 (unratified) . .

Colvilles, agreement of July 7, 1883 (unratified) .

Comanche, referred to in Apache treaty of October 17, 1865 .

treaty of August 24, 1835, at Camp Holmes . . .

referred to .

May 15, 1847, at Council Springs .

July 27, 1854, at Fort Atkinson .

October 18, 1865, at Little Arkansas Biver .

October 21, 1867, at Council Camp .

Council Springs, treaty with Comache and others at, May 15, 1846 .

Cow Creek band of Umpqua, treaty of September 19, 1853 .

Cownantico band of Scotons, treaty of November 18, 1854 .

Cree, referred to in Blackfoot treaty .

Creeks, agreement at Broken Arrow referred to .

boundary line referred to in Cherokee treaty . . .

lands of, referred to in Chickasaw treaty .

referred to in treaty with Apalachicola band, J une 18, 1833 .

Cherokee treaty of March 22, 1816 .

October 27, 1805 . - - . .

February 14, 1833 .

Chickasaw treaty of October 19, 1818 .

Delaware treaty of July 4, 1866 .

Seminole treaty of May 9, 1832 .

March 28, 1833 . : .

Wyandot treaty of April 1, 1850 .

treaty of August 7, 1790, at New York .

referred to . - .

amended . .

June 29, 1796, at Colerain .

referred to .

June 16, 1802, at Fort Wilkinson .

amended . - . - .

November 14, 1805, at Washington . .

referred to .

January 22, 1818, on Flint Biver .

January 8, 1821, at Indian Springs .

referred to .

September 18, 1823 . .

February 12, 1825, at Indian Springs .

referred to .

January 24, 1826, at Washington .

amended . .

referred to . . .

November 15, 1827, at Creek Agency .

Page.

152

287

206

719

37,42

133

149

221

531

322

361

487

531

702

469

. 36

. 807

. 682

. 322

. 363

. 411

. 445

. 683

... 754,759

. 411

. 449

. 489

. 552

. 190

. 23,98

. 12

..... 294

. 87

. 61

. 283

. 122

. 719

. 250

. 291

. 436

. 19

.. 36,38,77

. 571

. 36

. 44

..... 44

. 571

. 62

. 109

... 136,137

. 152

. 141

. 151

. 188

... 288,571
204, 283, 285
. 204

814

INDEX.

Page.

Creeks, treaty of March 24, 1832, at Washington . . . 247

referred to . 408

February 14, 1833, at Fort Gibson . 285

referred to . 291, 407, 570, 571

August 24, 1835, at Camp Holmes . _ . . . . 322

May 26, 1837 . ; . . . 363

November 23, 1838, at Fort Gibson . . 388

amended . __ . . 484

J anuary 4, 1845 . 407

amended . 571

June 13, 1854 . 484

August 7, 1856, at Washington . 569

June 13, 1857 . 484

September 10, 1865, referred to . . . 714

February 6, 1866, referred to . 696

June 14, 1866, at Washington . 714

Crows, referred to in Blackfoot treaty . 552

treaty of August 4, 1825, at Mandan Village . 173

September 17, 1851, at Fort Laramie . . . 440

May 7, 1868, at Fort Laramie . . 775

May 14, 1880, at Washington (unratified) . 801

Cuthead Sioux, treaty of April 29, 1868 . . . 770

Dakota. (See Sioux. }

Dancing Babbit Creek, treaty with Choctaw at, September 27, 1830 . 221

Dayton, treaty with Kalapuya at, January 22, 1855 . . . 498

Delawares, boundary of lands referred to in Shawnee treaty . . . . 13, 414

claims against Osage to be paid . 155

referred to in Kickapoo treaty of May 18, 1854 . 412

Potawatomi treaty of June 5 and 17, 1846 . . 414

Shawnee treaty of November 7, 1825 . 186

Stockbridge treaty of November 24, 1848 . 427

Wyandot treaty of January 31, 1855 . 507

treaty of September 17, 1778 . 1

January 21, 1785, at Fort McIntosh . 4

January 25, 1785, amended . 13, 14, 16, 17

January 9, 1789, at Fort Harmar . 13

August 3, 1795, at Greenville . 30

referred to . . . 48, 52, 457

June 7, 1803, at Fort Wayne . 47

referred to . 52,457

August 18, 1804, at Vincennes . . . 51

referred to. . . 58

July 4, 1805, at Fort Industry . 56

August 21, 1805, at Grouseland _ . . 58

September 30, 1809, at Fort Wayne . 73

referred to . 457

July 22, 1814, at Greenville . . . 76

September 8, 1815, at Spring Wells . 83

September 29, 1817, on the Miami . . . 100

referred to . . . 217

October 3, 1818, at St. Mary’s . 118

referred to . 456, 457

supplemented . 217

August 3, 1829 . . 217

September 24, 1829 . 217

referred to . . . . . . . 270, 457, 613

October 26, 1832, at Castor Hill . 270

December 14, 1843, with Wyandot . 793

May 6, 1854, at Washington . 456

referred to . . 610, 612

May 30, 1860, at Sarcoxieville . 610

referred to . - . - . 620, 626, 723

July 2, 1861 . 620

July 4, 1866, at Delaware Agency . - . 719

Detroit, treatv with Chippewa at, January 14, 1837 . . 358

August 2, 1855 . 549, 550

Ottawa and others at, November 17, 1807 . . 68

referred to . 72,100

Ottawa and Chippewa at, July 31, 1855 . . . . 545

Doaksville, treaty with Choctaw at, January 17, 1837 . . 361

Choctaw and Chickasaw at, November 4, 1854 . . . 487

Dwamish, treaty of January 22, 1855, at Point Elliott . 501

INDEX.

815

Eastern Shoshoni, treaty of July 2, 1863 .

July 3, 1868 . '

Edwardsville, treaty with Illinois Nation at, September 25, 1818.

' . . Kickapoo at, July 30, 1819 .

Eel River, included in the Miami Nation .

treaty of August 3, 1795, at Greenville .

June 7, 1803, at Fort Wayne .

August 7, 1803, at Vincennes . ’ ’ ’ ’ ' ]

August 21, 1805, at Grouseland .

September 30, 1809, at Fort Wayne .

July 22, 1814, at Greenville .

Eel River band of Miami, referred to in Miami treaty of June 5, 1854 .

treaty of February 11, 1828. . . .

Flatheads, treaty of July 16, 1855, at Hell Gate

October 17, 1855 . . .

Flint River, treaty with Creeks at, January 22, 1818 . .

Chippewa at, December 20, 1837* .

Florida Indians, referred to in Seminole treaty .

treaty of September 18, 1823, at Camp Moultrie .

Appalachicola band, treaty of October 11, 1832 .

June 18, 1833 .

Fond du Lac, treaty with Chippewa at, August 5, 1826 .

August 2, 1847 .

Fort Adams, treaty with Choctaw at, December 17, 1801 .

Fort Armstrong, treaty with Sauk and Foxes at, September 3, 1822 .

September 21, 1832 .

Winnebago at, September 15, 1832 .

Fort Atkinson, treaty with Comanche and others at, July 27, 1853 . .

Makah at, October 6, 1 825 .

Oto and Missouri at, September 26, 1825 . .

Pawnee at, September 30, 1825 . .

Fort Berthold, treaty with Arikara and others at, July 27, 1866 . .

Fort Bridger, treaty with Eastern Shoghoni at, July 2, 1863 .

and Bannock at, July 3, 1868

Fort Childs, treaty with Pawnee at, August 6, 1848 . . .

Fort Clark, treaty with Great and Little Osage at, November 10, 1808 .

Fort Confederation, treaty with Choctaw at, October 17, 1802 . .

Fort Gibson, treaty with Creeks at, February 14, 1833 .

November 23, 1838 .

Osage at, January 11, 1839 . .

Seminole at, March 28, 1833 .

Western Cherokee at, February 14, 1833 .

Fort Harmar, treaty with Six Nations at, January 9, 1789 .

Wyandot and others at, January 9, 1789 .

Fort Harrison, treaty with Kickapoo at, August 30, 1819 .

Wea and Kickapoo at, June 4, 1816 .

Fort Industry, treaty with Wyandot and others at, July 4, 1805 .

referred to.. . . . .

Fort Jackson, treaty with Creeks at, August 9, 1814 .

referred to .

Fort Laramie, treaty with Crows at, May 7, 1868 .

Northern Cheyenne and Arapaho at, May 10, 1868

Sioux at, April 29, 1868 . .

and others at, September 17, 1851 .

referred to .

Fort Lookout, treaty with Sioux at, June 22, 1825 . .

Fort McIntosh, treaty with Wyandot and others at, October 22, 1784 . .

Fort Stanwix, treaty with Six Nations at, January 21, 1785 . . .

Fort Sully, treaty with Blackfeet at, October 18, 1865 . . . .

Hunkpapa Sioux at, October 20, 1865 .

Lower Brule Sioux at, October 14, 1865 . .

Miniconjou Sioux at, October 14, 1865 .

Oglala Sioux at, October 28, 1865 . .

Sans Arcs band of Sioux at, October 20, 1865 .

Two Kettle band of Sioux at, October 19, 1865 .

Upper Yanktonai Sioux at, October 28, 1865 .

Yanktonai Sioux at, October 20, 1865 . .

Fort Sumner, treaty with Navaho at, June 1, 1868 . . . .

Fort Wayne, treaty with Delawares and others at, June 7, 1803. ., .

Miami and others at, September 30, 1809 . .

referred to . .

Page.

649

786

115

127

482

205

. 542

552
109
372
576
141
255
293
191

421
42

141
253
251
445
184
181
183
794
649
. 786

422
69
47

285

388

389
290
283

18
13
N 129
90
56
72, 105
77
109
775
778
770
440

553
161

687

689

677

676

692

691
690
782
47
73, 74
75

816

INDEX.

Fort Wilkinson, treaty with Creek at, June 16, 1802 . 44

Fort Winnebago band of Winnebago, treaty of September 15, 1832 . 251

Fort Wise, treaty with Arapaho and Cheyenne at, February 18, 1861 . 614

Foxes. ( See also Sank and Foxes.)

Treaty of September 14, 1815, at Portage des Sioux . 85

Galeese Creek Indians. ( See Chasta, Scotons, and Umpqua.)

Genesee River, treaty with Seneca on, September 15, 1797, referred to . 45

Grand Pawnee, treaty of June 18, 1818, at St. Louis . 110

October 9, 1833 . . ’ 308

August 6, 1848 . 422

September 24, 1857 . 576

Grand River Band of Ute, treaty of March 2, 1868 . 765

Grave Creek Band of Umpqua, treaty of November 18, 1854 . 489

Great and Little Osage. (See Osage.)

Great Miami River, treaty with Shawnee at mouth of . 12

Green Bay, treaty with Winnebago and others at, August 25, 1828 . 209

Greenville, treaty with Wyandot and others at, August 3, 1795 . 30

referred to . 56,72,76,100,101

confirmed . 83, 91

July 22, 1814 . 76

Grosventres, treaty of September 17, 1851, at Fort Laramie . 440

October 17, 1855 . 552

July 27, 1866, at Fort Berthold (unratified) . 793

Grouseland, treaty with Delawares and others at, August 21, 1855 . . . 58

referred to . 73

Harrington, treaty with Quapaw at, November 15, 1824 . 147

Hidatsa. ( See Minnetsarwa.)

Hoe Buckingtoopa, treaty with Choctaw at, August 31, 1853 . 51

Hog Creek, treaty with Shawnee of, August 8, 1831 . - . 238

Holston River, treaty with Cherokee on, July 2, 1791 . 22

referred to . 26, 37, 39

Hoonepooey tribe of Snakes, referred to in Snake treaty of August 12, 1865 . 672

Hopewell, treaty with Cherokee at, November 28, 1785 . 6

referred to . 26

Chickasaw at, January 10, 1786 . . . . . 10

referred to . 37

Choctaw at, January 3, 1786 . 8

referred to . 37, 42

Hunkpapa band of Sioux, treaty of July 16, 1825, at Auricara Village . 166

October 20, 1865 . 689

April 29, 1868 . 770

Huron, Potawatomi residing on the, treaty of November 17, 1807 . 68

Illinois Nation, Kaskaskia embrace all tribes of . 49

Kickapoo claim land of, by conquest . 128

Treaty of September 25, 1818, at Edwardsville . . . . 115

October 27, 1832, at Castor Hill . 275

Illinois River Indians (Oregon). (See Chasta, Scotons, and Umpqua.)

Illinois, Potawatomi of the, treaty of August 19, 1825 . . . 177

Indiana, Miami of, treaty of October 23, 1834 . 315

Potawatomi of, treaty of October 26, 1832 . . 1 . 268

October 27, 1832 . 272

June 5 and 17, 1846 . 413

Wyandot and other tribes of, treaty of September 8, 1815 . . . 83

Indian Springs, treaty with Creeks at, January 8, 1821 . , . 136

February 12, 1825 . 151

Ioni. (See Aionai.)

Iowa, treaty of September 16, 1815, at Portage des Sioux . 85

August 4, 1824, at Washington . 146

amended . . 383

August 19, 1825 at Prairie du Chien . 177

••eferred to . 383

July 15, 1830, at Prairie du Chien . 218

referred to . 348,371,383

September 17, 1836,' at Fort Leavenworth . 348

referred to . . . 283

INDEX.

817

Iowa, treaty of November 23, 1837, at St. Louis ...

October 19, 1838 .

referred to .

May 17, 1854, at Washington .

referred to .

March 6, 1861, at Great Nemeha Agency .

Kamiltpah, treaty of June 9, 1855, at Camp Stevens .

Kalapuya, referred to in Molala treaty of December 21, 1855 .

treaty of November 29, 1854 .

referred to .

January 22, 1855, at Dayton .

Kankankee Band of Potawatomi, treaty of October 20, 1832 .

Kansa, referred to in Choctaw treaty of April 18, 1866 . . .

Delaware treaty of May 30, 1860 .

treaty of October 28, 1815, at St. Louis .

June 3, 1825, at St. Louis .

amended .

August 16, 1825 .

January 14, 1846, at Methodist Mission .

referred to .

October 5, 1859, at Kansa Agency .

referred to . . .

March 13, 1862, at Kansa Agency .

Kaskaskia, referred to in Piankashaw treaty of August 27, 1804 .

December 30, 1805 .

October 29, 1832 .

treaty of August 3, 1795, at Greenville .

June 7, 1803, at Fort Wayne . .

referred to .

August 7, 1803, at Vincennes .

referred to .

August 13, 1803, at Vincennes .

referred to . . .

September 25, 1818, at Edwardsville .

October 27, 1832, at Castor Hill .

amended .

May 30, 1854, at Washington .

February 23, 1867 .

Kataka, treaty of May 26, 1837 .

Kaughnawaugas, referred to in Oneida treaty .

Keechy, treaty of May 15, 1846, at Council Springs .

Keshena, treaty with Menominee at, February 11, 1856 .

Kickapoo, referred to in Delaware treaty of September 30, 1809 .

August 21, 1805 .

Iowa treaty of Septembor 30, 1836 .

May 17, 1854 . ^ .

Miami treaty of September 30, 1809 .

Wyandot treaty of July 22, 1814 .

relinquish claims under Potawatomi treaty of October 2, 1818

treaty of August 3, 1795, at Greenville .

referred to . . - .

June 7, 1803, at Fort Wayne . .

August 7, 1803, at Vincennes .

December 9, 1809, at Vincennes .

referred to . . .

July 22, 1814, at Greenville .

September 2, 1815, at Portage des Sioux .

October 28, 1815 .

June 4, 1816, af Fort Harrison .

July 30, 1819, at Edwardsville .

referred to .

amended .

August 30, 1819, at Fort Harrison .

July 19, 1820, at St. Louis . .

referred to . \

September 5, 1820, at Vincennes .

October 24, 1832, at Castor Hill .

referred to .

May 18, 1854, at Washington .

June 28, 1862, at Kickapoo Agency . .. .. .....

Wea consent to session by, in treaty of December 9, 1809 . ...

Page.

371

382

468

466

618

617

. . 47

. . 49

. 75

91, 118, 121, 128
. 76

S. Doc. 452-

818

INDEX.

rage.

Kickapoo, of the Vermilion, treaty of August 30, 1819 . 129

. . September 5, 1820, at Vincennes . 133

Kik-i-allua, treaty of January 22, 1855, at Point Elliott . 501

Kiowa, referred to in Apache treaty of October 17, 1865 . 682

treaty of May 26, 1837 . < . 363

July 27, 1853, at Fort Atkinson . 445

October 18, 1865, at Little Arkansas . 683

October 21, 1867, at Council Camp . 754, 759

Klamath, treaty of October 14, 1864, at Klamath Lake . . 663

referred to . 672

Klamath Lake, treaty with Klamath Modoc, and Snakes at, October 14, 1864 . 663

Klikitat, treaty of June 9, 1855, at Camp Stevens . 524

Klinquit, treaty of June 9, 1855, at Camp Stevens . . . 524

Konondaigua, treaty with Six Nations at, November 11, 1794 . 27

Kootenay. ( See Kutenai. )

Kow-was-say-we, treaty of June 9, 1855, at Camp Stevens . 524

Kutenai, treaty of July 16, 1855, at Hell Gate . 542

October 17, 1855 . 552

Kwedehtute, or Kwillehyute, referred to in Makah treaty of January 31, 1855 . 510

Lake Superior, Chippewa of, treaty of October 4, 1842 . 401

August 2, 1847 . 421

September 30, 1854 . 484

Lake Winnibigoshish band of Chippewa, treaty of February 22, 1855 . 513

March 11, 1863 . 642

May 7, 1864 . 660

La Pointe, treaty with Chippewa at, October 4, 1842 . 401

September 30, 1854 . 484

L’Arbre Croche, treaty with Ottawa an,d Chippewa at, July 6, 1820 . 132

Leech Lake, treaty with Pillager Chippewa at, August 21, 1847 . . 422

Lepan. ( See Lipan. )

Lewistown, treaty with Seneca and Shawnee at, July 20, 1831 . . 255

December 29, 1832 . 281

Seneca of, treaty of September 17, 1818 . 113

Liaywas, treaty of June 9, 1855, at Camp Stevens . 524

Lipan, treaty of May 15, 1846, at Council Springs . 411

Long Tom or Che-lam-e-la band of Kalapuya, treaty of January 22, 1855 . 498

Longwha, treaty of May 15, 1846, at Council Springs . 411

Lower Brule band of Sioux, treaty of October 14, 1865 . . . 677

McCutcheonsville, treaty with Wyandot at, January 19, 1832 . 24?

Maddy or Chem-a-pho band of Kalapuya, treaty of January 22, 1855 . 498

Maha. (Nee Makah.)

Mahican, referred to in Delaware treaty of September 30, 1809 . . . 73

Makah, referred to in Quinaielt treaty of July 1, 1855 . 539

treaty of July 20, 1815, at Portage des Sioux . 82

October 6, 1825, at Fort Atkinson . 184

January 31, 1855, at Neah Bay . 510

Mandan, treaty of July 30, 1825 . 171

September 17, 1851, at Fort Laramie . 440

July 27, 1866, at Fort Berthold (unratified) . . . .

Manetoowalk band of Illinois Indians, referred to . 180

Marysville, or Chep-em-a-pho band of Kalapuya, treaty of January 22, 1855 . . 498

Maumee, treaty with Ottawa at, February 18, 1833 . 288

Mdewakanton band of Sioux, referred to "in Sioux treaty of Febuary 19, 1867 . . . 737

resolution of Senate, June 27, 1860 . 597

treaty of July 15, 1830 . . . 218

November 30, 1836 . 357

September 15, 1830 . 366

August 5, 1851 . . . . . . . 438

June 19, 1858 . 590

Medwakanton. (Nee Mdewakanton.)

Medicine Creek, treaty with Nisqualli and others at, December 26, 1854 . 495

Mee-see-qua-guilch, treaty of January 22, 1855, at Point Elliott . 501

Mendota, treaty with Sioux at, August 5, 1851 . . . . 438

referred to in Chippewa treaty of August 5, 1826 . 192

Stock bridge treaty of November 24, 1848 . . . 427

treaty of March 30, 1817, at St. Louis . - . 95

August 19, 1825, at Prairie du Chien . 177

referred to . 201

INDEX.

819

Page.

Mendota, treaty of August 11, 1827, at Butte des Morts . 201

referred to . . 231, 344, 401

February 8, 1831, at Washington . 228

referred to . . . 276, 344, 426, 556

February 17, 1831, at Washington . 235

amended . 342

October 27, 1832 . 276

amended . 391, 345, 382

rpfpryprl f a OQC

September 3, 1836, at Cedar Point . . . 344

October 18, 1848, at Lake Powawhaykonnay . 423

supplemented . 465

May 12, 1854, at Falls of Wolf River . 465

February 11, 1856, at Keshena . 568

Miami, referred to in Kickapoo treaty of December 9, 1809 . 75

Stockbridge treaty of November 24, 1846 . . 427

treaty of August 3, 1795, at Greenville . 30

June 7, 1803, at Fort Wayne . 47

referred to . 52

August 21, 1805, at Grouseland . 58

September 30, 1809, at Fort Wayne . 73, 74

July 22, 1814, at Greenville . 76

September 8, 1815, at Spring Wells . 83

October 6, 1818, at St. Marys . 119

referred to . 195, 199, 205, 316

amended . . 384

October 23, 1826, at the Wabash . 199

referred to . . 315, 316, 384, 393, 480

February 11, 1828, at Wyandot Village . 205

October 23, 1834, at forks of Wabash . . 315

November 6, 1838, at forks of Wabash . . . 384

referred to . 394,480

November 28, 1840, at forks of the Wabash . 393

modified . . . 478, 480

June 5, 1854, at Washington. . . . . . . . . . . 478

February 23, 1867 . 740

Mitchigamia, now a part of the Kaskaskia . 49

treaty of September 25, 1818, at Edwardsville . . . 115

October 27, 1832, at Castor Hill . 275

Michigan, treatv with Chippewa and others in, September 8, 1815 . 83

of, May 9, 1836 . 342

Potawatomi of, treaty of October 27, 1832 . . . . . _> . 272

September 26, 1833 . 296

September 27, 1833, supplementary . 304

Michilimackinac, treaty with Ottawa and Chippewa at, July 6, 1830 . 132

Millewakee band of Illinois Indians, referred to . . . 180

Miniconiou band of Sioux, treaty of October 10, 1865 . ., . . . 676

April 29, 1868 . 770

Minitarwa. ( See Minnetsarwa. )

Minnetsarwa, treaty of July 30, 1825, at Lower Mandan village . 169

Missouri, treaty of J une 24, 1817 . 96

September 26, 1825, at Fort Atkinson . 181

July 15, 1830, at Prairie du Chien . 218

September 21, 1833, at Oto Village . . . 295

October 15, 1854, at Bellevue . 355

March 15, 1854, at Washington . 451

supplemented . 494

December 9, 1854, at Nebraska City . . . 494 .

Missouri, Oto of, treaty of June 24, 1817 . 96

Missouri, Sauk and Foxes of the, treaty of September 17, 1836 . 348

October 21, 1837 . 368

May 18, 1854 . 469

March 6, 1861 . 617

Mississippi band of Chippewa, treaty of October 4, 1842 . 401

August 2, 1847 . 421

September 30, 1854 . 484

February 22, 1855 . 513

March 11, 1863 . 642

May 7, 1864 . 660

March 19, 1867 . 752

Sauk and Foxes of, treaty of October 1, 1859 . 604

February 18, 1867 . 732

Modoc, treaty of October 14, 1864, at Klamath Lake . 663

referred to . 672

820

INDEX.

Page.

Mohawk, treaty of October 22, 1784, at Fort Stanwix . 8

supplemented . 18

January 9, 1789, at Fort Harmar . 18

November 11, 1794, at Konondaigua . 27

March 29, 1797 . 38

band of Kalapuya, treaty of January 22, 1855 . 498

Mohican. ( See Mahican. )

Mohuache band of Utahs, referred to in Utah treaty of October 7, 1863 . 656

Molala, treaty of January 22, 1855, at Dayton . 498

December 21, 1855, at Dayton . . . 555

Molel. (See Molala. )

Moses’s band, agreement with, July 7, 1883 (unratified) . 807

Mount Dexter, treaty with Choctaw at, November 16, 1805 . 63

referred to . 95

Muache band of Ute, treaty of March 2, 1868 . 765

Munsee, referred to in Stockbridge treaty of November 24, 1848 . 427

treaty of July 4, 1805, at Fort Industry . 56

January 15, 1838, at Buffalo Creek . 373

September 3, 1839, at Stockbridge . 391

amended . 559,561

February 5, 1856, at Stockbridge . - . 556

referred to . 568

July 16, 1859, at Sauk and Foxes Agency . 600

Muskogee. (Nee Creeks.)

Nataly band of Scotons, treaty of November 18, 1854 .

Nahelta band of Chasta, treaty of November 18, 1854 .

Navaho, treaty of September 9, 1849 .

June 1, 1868, at Fort Sumner .

Nebraska City, treaty with Oto and Missouri at, December 9, 1854 .

New Echota, treaty with Cherokee at, December 29, 1835 .

New York Indians, claim to Menominee lands .

contested claims to land .

declaration of chiefs as to Menominee lands .

referred to in Menominee treaty of October 27, 1832..

February 11, 1856

session by Menominee to, referred to .

treaty of August 11, 1827 .

amended .

January 15, 1838, at Buffalo Creek .

New York, State of, treaties with Onondaga and Cayuga acknowledged . .

City, treaty with Creeks at, August 7, 1790 .

referred to .

Seven Nations at, May 31, 1796 .

Mohawk at, March 29, 1797 .

Nez Perces, referred to in Yakima treaty of June 9, 1855 .

treaty of June 11, 1855, at Camp Stevens .

supplemented .

October 17, 1855 .

June 9, 1863, at Lapwai Valley .

amended .

August 13, 1868 . . . .

Nisqualli, treaty of December 26, 1854, at Medicine Creek .

Noisy Pawnee. ( See Pitavirate Noisy Pawnee. )

Nook-wa-cha-mish, treaty of January 22, 1855, at Point Elliott .

Noo-wa-ha, treaty of January 22, 1855, at Point Elliott .

North Carolina, boundary line referred to. .

Northern Cheyenne and Arapaho, treaty of May 10, 1868.. .

N’Quentl-ma-mish, treaty of January 22, 1855, at Point Elliott .

Oalinakana, referred to in Yakima treaty of June 9, 1855 .

Ochechotes, treaty of June 9, 1855, at Camp Stevens . - .

Oglala band of Sioux, treaty of July 5, 1825, at mouth of Teton River . . .

October 28, 1 865 . * - - -

April 29, 1868 .

Ohio, treaty with Ottawa in, August 30, 1831 . -

Seneca in, February 28, 1831 .

Wyandot and others in, September 8, 1815 .

Wyandot in, January 19, 1832 .

April 23, 1836 .

Old Settlers. ( See Western Cherokee.)

. 49

. 489

. 432

. 782

. 494

. 324

228, 231,232, 276

. 202,203

. 280

. 277

. 569

. 179

. 201

. 559

. 373

. 27

. 19

. 36,38

. 35

. . 38

. 525

. 528

. 644

. 552

. 644

. 789

. 495

. 501

. 23

. 778

. 501

525

524

163

692

770

242

233

246

341

INDEX.

821

Omaha, treaty of July 15, 1830, at Prairie du Chien . . 218

October 15, 1836, at Bellevue . 355

March 16, 1854, at Washington . 453

referred to . 669

March 6, 1865, at Washington . 668

referred to . 670

Oneida, treaty with State of New York acknowledged . . . . . . 37

of October 22, 1784, at Fort Stanwix . 3

referred to . 18

January 9, 1789, at Fort Harmar . 18

October 22, 1784, supplemented . 18

November 11, 1794, at Konondaigua . 27

December 2, 1794, at Oneida . 29

January 15, 1838, at Buffalo Creek . 373

February 3, 1838, at Washington . 382

First Christian and Orchard Parties, treaty of February 3, 1838 . . 382

treaty of December 2, 1794, with Oneida at . 29

Onondaga, treaty with State of New York acknowledged . . 37

of October 22, 1784, at Fort Stanwix . 3

supplemented . 18

January 9, 1789, at Fort Harmar . 18

November 11, 1794, at Konondaigua . 27

January 15, 1838, at Buffalo Creek . 373

Oquanoxie’s Village, treaty with Ottawa of July 30, 1831 . 242

Oregon, Confederated tribes of Middle Oregon, treaty of June 25, 1855 . . . 536

referred to . 693

November 15, 1865, at Warm Springs

Agency . 693

hostile tribes in southern Oregon . 556

Nez Percee in, treaty of June 11, 1855 . 528

Osage, referred to in Cherokee treaty of February 14, 1833 . 284

treaty with New York Indians, January 15, 1838 . 374

Sauk and Foxes, November 3, 1804 . 54

treaty of November 10, 1808, at Fort Clark . . 69

referred to . 117

amended . 389, 141

September 12, 1815, at Portage des Sioux . 83

September 25, 1818, at St. Louis . 116

August 31, 1822 . 141

treaty of June 2, 1825, at St. Louis . 153

referred to . 326

August 10, 1825, at Council Grove . 174

August 24, 1825, at Camp Holmes . . . . 322

May 26, 1837 . 363

January 11, 1839, at Fort Gibson . 389

September 29, 1865, at Canville Trading Post . 673

Oto, claims to Sauk and Foxes’ lands to be adjusted . . 178, 180

treaty of June 24, 1817 . 96

September 26, 1825, at Fort Atkinson . 181

July 15, 1830, at Prairie du Chien . 218

modified . 295

September 21, 1833, at Oto village . 295

October 15, 1836, at Bellevue . . . 355

March 15, 1854, at Washington . . . 451

supplemented . 494

December 9, 1854, at Nebraska City . 494

and Missouri, treaty of December 9, 1854, at Nebraska City . 494

Ottawa, referred to in Chippewa treaty of October 18, 1864 . 666

treaty of January 21, 1785, at Fort McIntosh . 4

January 25, 1785, amended . . 13, 14, 16, 17

January 9, 1789, at Fort Harmar . 13

August 3, 1795, at Greenville . 30

referred to . 69

July 4, 1805, at Fort Industry . 56

November 17, 1807, at Detroit . * . ' 68

referred to . 72, 288

modified . 242

November 25, 1808, at Brownstown . 72

July 22, 1814, at Greenville . 76

September 8, 1815, at Spring Wells . 83

August 24, 1816, at St. Louis . . 91

September 29, 1817, on the Miami . 100

modified . 242

referred to . : . 288

September 17, 1818, at St. Marys . . . . 113

822

INDEX.

Ottawa, treaty of July 6, 1820, at L’Arbre Croche and Michilimackinac
August 29, 1821, at Chicago .

August 19, 1825, at Prairie du Chien . . ’ 177

August 25, 1828, at Green Bay . 209

July 29, 1829, at Prairie du Chien . 218

August 30, 1831 . 242

referred to . ] 290

February 18, 1833, at Maumee . . . 288

September 26, 1833, at Chicago . ” 296

September 27, 1833, supplementary . 30-t

March 28, 1836, at Washington . 334

June 5 and 17, 1846, at Council Bluffs . 413

July 31, 1855, at Detroit . 545

June 24, 1862, at Washington . 633

amended . 744

February 23, 3867 . 740

of Blanchard’s Creek, treaty of July 22, 1814 . 76

June 24, 1862 . * 633

February 23, 1867 . 740

Blanchard’s Fork, treaty of July 30, 1831 . 242

Oquanoxie’s Village, treaty of July 30, 1831 . 242

Roche du Boeuf, treaty of June 24, 1862 . 633

August 30, 1831 . : . . 242

February 23, 1867 . 740

Paloos, treaty of June 9, 1855, at Camp Stevens . . 524

Palouse. ( See Paloos. )

Pania, referred to in Kansa treaty . 157

Pawnee. ( See also Grand Pawnee, Pitavirate Noisy Pawnee, Pawnee Republic, and Pawnee
Marhars.)

treaty of September 30, 1825, at Fort Atkinson . 183

October 9, 1833, at Grand Pawnee Village . . . 308

August 6, 1846, at Fort Cjilds . 422

September 24, 1857, at Table Creek . 576

Marhars, treaty of June 22, 1818, at St. Louis . Ill

Tappaye, treaty of October 9, 1833 . 308

August 6, 1848 . 422

September 24, 1857 . 576

Loups, treaty of October 9, 1833 . 308

August 6, 1848 . 422

September 24, 1857 . 576

Republic, treaty of June 20, 1818, at St. Louis . . . . . . Ill

Republicans, treaty of October 9, 1833 . 308

August 6, 1848 . • . 422

September, 24, 1857 . 576

Payne’s Landing, treaty with Seminole at, May 9, 1832 . . . . 249

Pembina band of Chippewa, treaty of October 2, 1863 . 653

April 12, 1864 . 659

Pend d’Oreille, treaty of July 16, 1855, at Hell Gate . 542

October 17, 1855 . 552

Peoria, referred to in Piankashaw treaty of October 29, 1832 . 280

treaty of September 25, 1818, at Edwardsville . 115

modified . 275

October 27, 1832, at Castor Hill . 275

modified . - . . . 474

May 30, 1854, at Washington . 474

February 23, 1867 . . 740

village of, referred to in Wyandot treaty . . . . 31

Philadelphia, treaty with Cherokee at, June 26, 1794 . 26

referred to . 39,41

Piankashaw, referred to in Delaware treaty of August 18, 1804 . 52

August 21, 1805 . 59

Kaskaskia treaty of October 27, 1832 . 275

treaty of August 3, 1795, at Greenville . 30

June 7, 1803, at Fort Wayne . 47

referred to . 53

August 7, 1803, at Vincennes . 49

August 27, 1804, at Vincennes . 53

December 30, 1805, at Vincennes . . . . . 65

referred to . . . 128, 129

July 18, 1815 . 79

INDEX.

828

Piankashaw, treaty of October 29, 1832, at Castor Hill .

modified .

May 30, 1854, at Washington . . .

February 23, 1867 .

Piegan, treaty of October 17, 1855 .

Pillager band of Chippewa, referred to in Chippewa treaty of August 2, 1847

treaty of August 21, 1847 .

February 22, 1855 . . .

March 11, 1863 .

May 7, 1864 .

Pisquose, treaty of June 9, 1855, at Camp Stevens . . .

Pitavirate Noisy Pawnee, treaty of June 19, 1818, at St. Louis .

Platte River, Oto and Missouri of, treaty of September 21, 1833 . .

Pawnee residing on, treaty of October 9, 1833 .

Point Elliott, treaty with Dwamish and others at, January 22, 1855 .

Ponca, treaty of June 25, 1817 .

June 9, 1825 . .

March 12, 1858, at Washington .

referred to .

March 10, 1865, at Washington . . .

Pontitock, treaty with Chickasaw at, October 20, 1832 .

Portage des Sioux, treaty with Foxes at, September 14, 1815 . .

Iowa at, September 16, 1815 .

Kickapoo at, September 2, 1815 .

Makahs at, July 20, 1815 . . .

Osage at, September 12, 1815 .

Piankashaw at, July 18, 1815 .

Potawatomi at, July 18, 1815 .

Sauk at, September 13, 1815 .

Sioux of St. Peters River at, July 19, 1815 ...

Sioux of the Lakes at, July 19, 1815 .

Teton at, July 19, 1815 .

Yankton Sioux at, July 19, 1815 .

Potawatomi, referred to in Chippewa treaty of October 18, 1864 .

Menominee treaty of February 8, 1831 .

Wyandot treaty of July 22, 1814 .

treaty of January 9, 1789, at Fort Harmar . .

August 3, 1795, at Greenville .

June 7, 1803, at Fort Wayne . . .

July 4, 1805, at Fort Industry .

August 21, 1805, at Grouseland .

November 17, 1807, at Detroit .

November 25, 1808, at Brownstown .

September 30, 1809, at Fort Wayne . . .

July 22, 1814, at Greenville . . .

July 18, 1815, at Portage des Sioux .

September 8, 1815, at Spring Wells .

August 24, 1816, at St. Louis .

referred to .

September 29, 1817, at the Miami .

October 2, 1818, at St. Mary’s . . .

referred to .

August 29, 1821, at Chicago .

referred to .

August 19, 1825, at Prairie duChien .

October 16, 1826, on the Wabash .

referred to .

September 19, 1827, at St. Joseph — .

referred to .

amended . . . .

August 25, 1828, at Green Bay .

September 20, 1828, on the St. Joseph River .

referred to .

July 29, 1829, at Prairie du Chien .

October 20, 1832, at Camp Tippecanoe .

referred to .

October 26, 1832, on Tippecanoe River .

referred to . . . . .

amended . .

October 27, 1832, on Tippecanoe River .

amended .

September 26, 1833, at Chicago .

September 27, 1833, supplementary .

December 4, 1834 . 1 .

December 10, 1834 .

Page.

280

474

740

552

421

422
513
642
660
524
110
295
308
501

159

582

670

259

. 79

. 84

. 81

. 80

. 81

. 666

. 228

. 76

. 13

. 30

. 47

. 56

. 58

. 68

. 72

. 73

. 76

. 79

. 83

. 91

. 180

. 100

. 117

. 128,195,268

. 138

. 413

. 177

. 195

. 268

. 203

. 272,360

. 304

. 209

. . 210

. 268,272,274

. 213

. 256

. 363

. 268

318, 340, 341, 343, 350

. 349

. 272

.... 319,320,333,339

. 296

. 304

. 318

824

INDEX.

Potawatomi, treaty of December 16, 1834 .

December 17, 1834 \ .

March 26, 1836 .

March 29, 1836 .

April 11, 1836 .

April 22, 1836 .

August 5, 1836, on Yellow River .

referred to . . .

September 20, 1836, at Chippewawaunung .

September 22, 1836, at Chippewawaunung .

September 23, 1836, at Chippewawaunung .

referred to .

February 11, 1837, at Washington .

June 5 and 17, 1846, at Council Bluffs .

referred to .

November 15, 1861, at Kansas River .

amended .

March 29, 1866 .

February 27, 1867, at Washington .

of Indiana, treaty of October 20, 1832 .

October 27, 1832 .

June 5 and 17, 1846 .

the Kankakee, treaty of October 20, 1832 .

Michigan, treaty of October 27, 1832 .

the Prairie, treaty of June 5 and 17, 1846 .

October 20, 1832 .

the Wabash, treaty of June 5 and 17, 1846 .

Prairie band of Potawatomi, treaty of October 20, 1832 .

June 5 and 17, 1846 . .

Prairie du Chien, treaty with Chippewa and others at, July 29, 1829 .

Sauk and Foxes and others at, July 15, 1830

Sioux and others at, August 19, 1825 .

Winnebago at, August 1, 1826 .

Band of Winnebago, treaty of, September 15, 1832 .

Puyallup, treaty of December 26, 1854, at Medicine Creek .

Page.
. 319

. 319

. 333

. 339

. 340

340, 341
. 343

. 362

. 349

. 350

. 362

. 413

. 628
. 628
700, 751
. 700

. 748

. 256

. 272

. 413

. 256

. 272

. 413

. 256

. 413

. 256

. 413

. 213

. 218
. 177

. 215

. 251

. 495

Quapaw, treaty of August 24, 1818, at St. Louis . 112

referred to . 148

November 15, 1824, at Harrington . 147

referred to . 291

May 13, 1833 . 291

amended . 742

August 24, 1835, at Camp Holmes . . . 322

February 23, 1867, at Washington . . . . 740

Quileute, treaty of July 1, 1855 . . 539

Quinaielt, treaty of July 1, 1855 . 539

Quilsieton band of Chasta, treaty of November 18, 1854 . 489

Red Lake band of Chippewa, treaty of, October 2, 1863 . .- . 653

April 12, 1864 . 659

Ricara, treaty of, July 18, 1825 . 167

* Roche de Boeuf, Ottawa of, treaty of, June 24, 1862 . . . 633

February 23, 1867 . 740

Rock River band of Winnebago, treaty of, September 15, 1832 . 251

Rogue Rivers, referred to in Chasta treaty of, November 18, 1854 . 490

treaty of, September 8, 1853, referred to. . . . 448

September 10, 1853, at Table Rock . 447

amended . . «... . 488, 555

November 15, 1854 . 488

Ruby Valley, treaty with Shoshoni at, October 1, 1863 . 651

Sac. (See Sauk.)

Sacagriton band of Scotons, treaty of, November 18, 1854
Saginaw, treaty with Chippewa at, September 24, 1819 . .

January 23, 1838 .

Chippewa of, treaty of December 20, 1837 .

January 23, 1838 .

February 7, 1839 .

August 2, 1855 .

October 18, 1864 .

489

129

381

372

381

390

550

665

INDEX. 825

Sa-heh-wamish, treaty of December 26, 1854, at Medicine Creek . ^495

Sah-ku-mehu, treaty of January 22, 1855, at Point Elliott . 501

St. Joseph, treaty with Potawatomi at, September 19, 1827 . 203

St. Louis, treaty with Iowa at, November 23, 1837 . . . * _ ! _ I . . 371

Kansa at, October 28, 1815 . 86

June 3, 1825 . 156

Kickapoo at, July 18, 1820 . 132

Menominee at, March 13, 1817 . 95

Osage at, September 25, 1818 . 116

June 2, 1825 . . . 153

Ottawa and others at, August 24, 1816 . 91

Quapaw at, August 24, 1818 . . 112

Sauk and Foxes at, November 3, 1804 . 54

confirmed . 84,85,89

referred to . 91

Sauk of Rock Eiver at, May 13, 1816 . 88

Shawnee at, November 7, 1825 . 166

Sioux at, June 1, 1816 . 89

Winnebago at, June 3, 1816 . 90

St. Marys, treaty with Delawares at, October 3, 1818 . 118

Miami at, October 6, 1818 . 119

Potawatomi at, October 2, 1818 . 117

Wyandot and others at, September 17, 1818 . 113

Wea at, October 2, 1818 . 118

St. Peters, treaty with Chippewa at, July 29, 1837 . 364

St. Regis, treaty of May 31, 1796, at New York . 35

January 15, 1838, at Buffalo Creek . 373

Sam-ahmish, treaty of January 22, 1855, at Point Elliott . 501

Sandusky, Delawares of, treaty of August 3, 1829 . 217

Sandusky, Seneca of, treaty of July 22, 1814 . . . 76

February 28, 1831 . 233, 236

December 29, 1832 . 281

San Arcs, referred to in Blackfoot treaty . . . . . 552

treaty of October 20, 1865 . 688

April 29, 1868 . 770

Santa Fe, treaty with Apache at, July 1, 1852 . . 444

Santee Sioux, treaty of July 15, 1830 . 218

October 15, 1836 . 355

February 19, 1867 . 737

April 29, 1868 . 770

Santian Band of Kalapuya, treaty of January 22, 1855 . 498

Sarcoxieville, treaty with Delawares at, May 30, 1860 . 610

Sault Ste. Marie, treaty with Chippewa at, June 16, 1820 . 131

Sauk, treaty of January 9, 1789, at Fort Harmar . 13

September 13, 1815, at Portage des Sioux . 84

May 13, 1816, at St. Louis . 88

and Foxes, referred to in Chippewa treaty of September 26, 1833 . 297

treaty of November 3, 1804, at St. Louis . 54

amended . 141

confirmed . 84, 85, 89

referred to . 91,369

September 3, 1822, at Fort Armstrong . 141

August 4, 1824, at Washington . 145

referred to . . 180, 369, 404

August 19, 1825, at Prairie du Chien . 177

referred to . 369, 383

July 15, 1830, at Prairie du Chien . 218

referred to . 1 . 251, 348, 351, 367, 369

September 21, 1832, at Fort Armstrong . 253

referred to . 367,404

September 17, 1836, at Fort Leavenworth . 348

referred to . 466

September 27, 1836 . 351

September 28, 1836 _• . 352, 353

October 21, 1837, at Washington . 367,368

referred to . . . 406, 471

October 11, 1842 . 404

May 18, 1854, at Washington . 469

October 1, 1859, at Sauk and Foxes Agency . 604

referred to . 732

March 6, 1861, at Great Nemaha Agency . 617

February 18, 1867 . . . 732

of the Mississippi, treaty of February 18, 1867 . 732

Missouri, may unite with confederated Sauk and Foxes . 734

treaty of September 17, 1836 . 348

October 21, 1837. . . 368

826

INDEX.

Sauk and Foxes, of the Missouri, treaty of May 18, 1854 . . . 469

of Rock River, referred to in Sauk treaty of September 13, 1815 . 84

treaty of May 13, 1816 . 88

Scoton, Cownantico, Sacaheriton, and Nalye bands, treaty of November 18, 1854 . 489

Seapcat, treaty of June 9, 1855, at Camp Stevens . . . 524

( See also Florida Indians. )

Seminole, referred to in Creek treaty of February 14, 1833 . 286, 287

June 14, 1866 . L . . 717

Delaware treaty of July 4, 1866 . . . 719

treaty of August 7, 1790 . 19

September 18, 1823 . V.'.V. 141

May 9, 1832, at Payne’s Landing . 249

referred to . 290, 294, 295

March 28, 1833, at Fort Gibson . . 290

January 4, 1845 . 407

August 7, 1856, at Washington . 569

referred to . ; . 695

September 10, 1865, at Fort Smith, referred to . 695

March 21, 1866, at Washington . 694

Seminole, Appalachicola band. ( See Appalacnicola band of Florida Indians.)

Seneca, referred to in Cherokee treaty of February 14, 1833 . . 284

Wyandot treaty of July 4, 1805 . 57

treaty of October 22, 1784, at Fort Stanwix . . 38

supplemented . 18

January 9, 1789, at Fort Harmar . 18

November 11, 1794, at Konondaigua . 27

September 15, 1797, on Gennessee River . 791

referred to . 45

June 30, 1802, at Buffalo Creek . . 45, 46

July 22, 1814, at Greenville . 76

September 8, 1815, at Spring Wells . 83

September 29, 1817, on the Miami . 100

referred to . 233, 236

September 17, 1818, at St. Marys . 113

modified . 234,236

February 28, 1831, at Washington . 1 . 233

referred to . . . 236, 281

July 20, 1831, at Lewistown . 235

referred to . 281

December 29, 1832, at Seneca Agency . . . 281

August 24, 1835, at Camp Holmes . . 322

January 15, 1838, at Buffalo Creek . . . 373

referred to . 397

May 20, 1842, at Buffalo Creek . , . 397

referred to . 579

November 5, 1857 . . 579

February 23, 1867, at Washington . 740

and Shawnee of Lewistown, treaty of December 29, 1832 . . 281

of Sandusky, treaty of July 22, 1814 . . . . . 76

December 29, 1832 . 281

of Stony Creek, treaty of July 22, 1814 . 76

Tonawanda band, treaty of November 5, 1857 . 579

Seven Nations of Canada, treaty of May 31, 1796, at New York . 35

Shawnee, boundary referred to . 414

lands of, claimed by W yandot . . . 17

referred to in Kaskaskia treaty of October 27, 1832 . . . 275

Potawatomi treaty of June 5 and 17, 1846 . 414

treaty of January 31, 1786, on the Miami . . . . 12

referred to . 17

August 3, 1795, at Greenville . 30

referred to . 48

June 7, 1803, at Fort Wayne . 47

July 4, 1805, at Fort Industry . . . . . 56

referred to . 105

November 25, 1808, at Brownstown . . . . . . 72

July 22, 1814, at Greenville . 76

September 8, 1815, at Spring Wells . 83

September 29, 1817, on the Miami . 100

modified . 236, 239

September 17, 1818, at St. Marys . . . . 113

modified . 236

November 7, 1825, at St. Louis . 186

referred to . . . . 239, 243, 270, 460

July 20, 1831, at Lewistown . 235

referred to . 281

INDEX.

827

Page.

Shawnee, treaty of August 8, 1831, at Wapaghkonnetta . . . 238

referred to . 460

October 26, 1832, at Castor Hill . 270

December 29, 1832, at Seneca Agency . 281

May 10, 1854, at Washington . 460

February 23, 1867, at Washington . 740

Sheepeater, agreement of May 14, 1880, at Washington (unratified) . 803

S’Homanish, treaty of December 26, 1854, at Medicine Creek . . - — ... 495

Shoshoni, referred to in Wallawalla treaty of June 9, 1855 . 52 1

treaty of July 2, 1863, at Fort Bridger . 649

referred to . 650

July 30, 1863, at Box Elder . 650

October 1, 1863, at Ruby Valley. . . . 651

July 3, 1868, at Fort Bridger . 649

May 14, 1880, at Washington (unratified) . 803

eastern band, treaty of July 2, 1863 . 649

July 3, 1868, at Fort Bridger . . 786

-Gosbip, treaty of October 12, 1863, at Tuilla Valley . 657

Northwestern bands, treaty of July 30, 1863 . . 650

Western bands, treaty of October 1, 1863 . . . 651

Shyiks, treaty of June 9, 1855, at Camp Stevens . . 524

Sioune band of Sioux, treaty of July 5, 1825, at mouth of Teton River . . 163

Sioux, referred to in Iowa treaty of October 19, 1838 . 383

f See also Hunkpapa band of Sioux. )

( See also Sioune band of Sioux, Oglala band of Sioux.)

Treaty of September 23, 1805 (unratified) . . . - - 793

July 19, 1815 . - . 80,81

June 1, 1816, at St. Louis . - . 89

June 22, 1825, at Fort Lookout . . . . . - - - - 161

July 5, 1825, at mouth of Teton River . 163

July 16, 1825, at Auricara Village . . . . 166

August 19, 1825, at Prairie du Chien . . . . . 177

Julv 15, 1830, at Prairie du Chien . . 218

referred to . . . 251, 347, 355, 357, 368

September 10, 1836 . 347

October 15, 1836, at Bellevue . - - - 355

November 30, 1836 . 357

September 29, 1837, at Washington . 366

amended . 439

referred to . 593

July 23, 1851, at Traverse des Sioux . 437

referred to . - . . 594

August 5, 1851, at Mendota . 438

referred to . 591

September 17, 1851, at Fort Laramie (unratified) . 440

referred to . . . . . . 586

April 19, 1858, at Washington . . 586

June 19, 1858, at Washington . . . * . 590,594

October 10, 1865, at Fort Sully . 676

October 14, 1865, at Fort Sully . . - . - 677

October 19, 1865, at Fort Sully . 686

October 19, 1865, with Blackfoot band of . 687

October 20, 1865, at Fort Sully . 688, 689, 690

October 28, 1865, at Fort Sully . 691, 692

February 19, 1867, at Washington . 737

April 29, 1868, at Fort Laramie . . 770

referred to and modified . ’. . 799

September 20, 1872, at Washington (unratified) . . 797

May 2, 1873 . 799

October 17, 1882, to January 3, 1883 (unratified) . 804

Aunce-pa-pas band, referred to in Blackfoot treaty . 552

Brule band, treaty of April 29, 1868, at Fort Laramie . 770

Cuthead band, treaty of April 29, 1868 . 770

Hunkpapa band, treaty of J uly 16, 1825 . 166

* October 20, 1865 . . . 689

April 29, 1868 . 770

Lower Brule band, treaty of October 14, 1865 . 677

Mdewakanton and Wahpakoota bands, resolution of Senate, June 27, 1860 . 597

treaty of August 5, 1851 . 438

referred to . 591

June 19, 1858 . 590

Mdewakanton band, treaty of July 15, 1830 . - - . 218

September 29, 1837 . 866

Miniconi ou band, treaty of October 10, 1865 - - = - 676

April 29, 1868 . 770

828

INDEX.

Sioux, of the Lakes, treaty of July 19, 1815 . . 80

St. Peters River, treaty of July 19, 1815 . 81

- W a-ha-shaw’ s tribe, treaty of September 10, 1836 . 347

Oglala band, treaty of July 5, 1825 . 103

October 28, 1865 . 092

April 29, 1868 . 770

Sana Arcs band, treaty of October 20, 1865 . 088

Santee band, treaty of July 15, 1830 . 218

October 15, 1836 . 355

April 29, 1868 . " 770

Sioune band, treaty of April 29, 1868 . 770

Sisseton and Wahpeton bands, resolution of Senate . 597

treaty of July 23, 1851 . 437

June 19, 1858 . 394

February 19, 1861 . 737

September 20, 1872 (unratified) . 797

May 2, 1873 . 799

band, treaty of July 15, 1830 . 218

November 30, 1836 . 357

July 23, 1851 . 437

Teton band, treaty of June 22, 1825 . . . 161

Two Kettle band, referred to in Sioux treaty of October 14, 1865 . 678

treaty of October 19, 1865 . 686

April 29, 1868 . 770

Upper Mdewankanton band, treaty of November 30, 1836 . 357

Upper Yanktonai band, treaty of October 28, 1865 . . . 691

Wahpacootah band, treaty of November 30, 1836 . 357

July 15, 1830 . 218

August 5, 1851 . 438

June 19, 1858 . . 590

Wahpeton band, treaty of July 15, 1830 . 218

July 23, 1851 . 437

Yankton band, referred to in Sioux treaty of August 19, 1825 . 178

treaty of July 19, 1815 . 81

June 22, 1825, at Fort Lookout . 161

July, 15, 1830 . 218

October 15, 1830 . 355

October 21, 1837 . 368

April 19, 1858, at Washington . 586

October 20, 1865 . 690

April 29, 1868 . 770

Yanktonai band, treaty of June 22, 1825, at Fort Lookout . 161

Sisseton band of Sioux, treaty of July 15, 1830 . . . 218

November 30, 1836 . 357

July 23, 1851 . 437

June 19, 1858 . 594

February 19, 1867 . 737

September 20, 1872 (unratified) . 797

May 2, 1873 . 799

Six Nations of New York Indians ( see Seneca, Mohawk, Onondaga, Cayuga, Oneida, Tuscarora),

treaty of October 22, 1784, at Fort Stanwix . 3

referred to.... . 18

January 9, 1789, at Fort Plarmar . 18

April 23, 1792, referred to . 28

November 11, 1794, at Konondaigua . 27

November 11, 1794, amended . 559

January 15, 1838 . .. . 373

referred to . 579

Skagit, treaty of January 22, 1855, at Point Elliott . . 501

Skai-wha-mish, treaty of January 22, 1855, at Point Elliott. . . 501

Skinpah, treaty of June 9, 1855, at Camp Stevens . 524

Sklallan, treaty of January 26, 1855, at Point No Point . 504

referred to . 510

Skokomish, treaty of January 26, 1855 . 504

Skope-ahmish, treaty of January 22, 1855, at Point Elliott . 501

Sk-tah-ie-jun, treaty of January 22, 1855, at Point Elliott . 501

Sk-tahl-mish; treaty of January 22, 1855, at Point Elliott . 501

Smalhkamish, treaty of January 22, 1855, at Point Elliott . 501

Snakes, referred to in Blackfoot treaty. . 552

Walla walla treaty of June 9, 1855 . 521

treaty of October 14, 1864 . 663

August 12, 1865, at Sprague River Valley . . . 671

Hoonepooey and Watakah tribes, referred to in Snakes treaty of August 12, 1865 . 672

Wollpahpe tribe, treaty of August 12, 1865 . 671

Yahooskin band, treaty of October 14, 1865 . 663

INDEX.

829

-Page.

Sno-ho-mish, treaty of January 22, 1855, at Point Elliott . 501

Snoqualmoo, treaty of January 22, 1855, at Point Elliott . 501

South Carolina, boundary line referred to . 23

Sprague River Valley, treaty with Snakes in, August 12, 1865 . ' 671

Spring Wells, treaty with Wyandot and others at, September 6, 1815 . 83

Squawskin, treaty of December 26, 1854, at Medicine Creek . 495

Squi-aiti, treaty of December 26, 1854, at Medicine Creek . . 495

Squin-a-mish, treaty of January 22, 1855 . . . 501

Stechass, treaty of December 26, 1854, at Medicine Creek . 495

Steilacoom, treaty of December 26, 1854, at Medicine Creek . 495

Stockbridge, treaty of December 2, 1794, at Oneida . 29

January 15, 1838, at Buffalo Creek . 373

September 3, 1839, at Stockbridge . 391

referred to . 559,561

November 24, 1848, at Stockbridge . 425

referred to . . . 559, 561

February 5, 1856 . . . 556

referred to . 568

and Munsee, referred to in Menominee treaty of February 8, 1831 . 233, 568

October 27 1832 277

Sfcoluck-wha-mish, treaty of January 22, 1855, at Point Elliott . .’ . 501

Stony Creek, Seneca of, treaty of July 22, 1814 . 76

Suquamish, treaty of January 22, 1855, at Point Elliott . 501

Swan Creek band of Chippewa, treaty of May 9, 1836 . 342

August 2, 1855 . 550

July 16, 1859 . 600

October 18, 1864 . 665

Swin-a-mish, treaty of January 22, 1855, at Point Elliott . 501

Tabaquache band of Ute, treaty of October 7, 1863 . . . 655

March 2, 1868 . 765

Table Creek, treaty with Pawnee at, September 24, 1857 . 576

Table Rock, treaty with Rogue Rivers at, September 10, 1853 . . . 447

Tahwacarro, treaty of May 15, 1846, at Council Springs . . . 411

Tamarois, now a part of the Kaskaskia . 49

treaty of September 25, 1818, at Edwardsville . 115

October 27, 1832, at Castor Hill . 275

Tawakaro, treaty of May 26, 1837 . 363

Tekopa band of Kalapuya, treaty of January 22, 1855 . 498

~ Tellico, treaty with Cherokee at, October 2, 1798 . 39

October 24, 1804 . 145

October 25, 1805 . 60

October 27, 1805 . 61

Teton band of Sioux, treaty of June 22, 1825 . 161

July 19, 1815, at Portage des Sioux . 80

Thorntown band of Miami, treaty of February 11, 1828 . 205

Toanhooch, treaty of January 26, 1855, at Point No Point . . 504

Tonawanda band of Seneca, treaty of November 5, 1857 . . ; . 579

T’Peeksin, treaty of December 26, 1854, at Medicine Creek . 495

Traverse des Sioux, treaty with Sioux at, July 23, 1851 . 437

Tualatin band of Kalapuya, treaty of January 22, 1855 . . 498

Tuilla Valley, treaty with Shoshoni-Goships at, October 12, 1863 . 657

Turn-waters, Wah-la-la band of, treaty of January 22, 1855 . 498

Clow-we-wal-la or Willamette band, treaty of January 22, 1855 . 498

Tuscarora, treaty of October 22, 1784, at Fort Stanwix . 3

referred to . 18

January 9, 1789, at Fort Harmar . 18

December 2, 1794, at Oneida . 29

November 11, 1794, at Konondaigua . 27

January 15, 1838, at Buffalo Creek . 373

Two Kettle band of Sioux, referred to in Sioux treaty of October 14, 1865 . 678

treaty of October 19, 1865 . 686

April 29, 1868 . 770

TJ.

Uintah band of Ute, treaty of March 2, 1868 . 765

Umatilla, referred to in Yakima treaty of June 9, 1855 . 525

treaty of June 9, 1855, at Camp Stevens . 521

Umpqua, referred to in treaty with Molala . . 556

treaty of November 29, 1854, at Calapooia Creek . . 491

September 19, 1853, at Cow Creek . 555

referred to... . 449

830

INDEX.

Umpqua, Cow Creek band, referred to in Chasta treaty of November 19, 1854 . . 490

Umpqua treaty of November 29, 1854. 492

treaty of September 19, 1853 . ’ ~ ” * * 449

Umpqua, Grave Creek band, treaty of November 19, 1854 . . .Ill” 489

Upper Sandusky, treaty with Miami at, March 17, 1842 . . "" 395

Upper Yanktonai band of Sioux, treaty of October 28, 1865 . * _ 691

Utahs, Mohuache band, referred to in Utah treaty of October 7, 1863 . 656

treaty of December 30, 1849 . - . 434

October 7, 1863 . 655

Utahs, Tabeguaehe band, treaty of October 7, 1863 . 655

Ute, treaty of March 2, 1868, at Washington . . 765

with Tabaguache, Muache, Capote, Weeminuche, Yampa, Grand
Elver, and Uinta bands . 765

Vincennes, treaty with Delawares at, August 18, 1804 . 51

Eel River at, August 7, 1803 . . . 49

Kaskaskia at, August 13, 1803 . . 49

Kickapoo at, December 9, 1809 . 75

Kickapoo of the Vermilion at, September 5, 1820 . 133

Piankashaw at, December 30, 1805 . 65

Wea at, October 26, 1809 . 75

Wabash, Potawatomi of the, treaty of June 5 and 17, 1846 .

Waco, treaty of May 15, 1846, at Council Springs .

Wa-ha-shaw’s tribe of Sioux, treaty of September 10, 1836 .

Wahpacoota band of Sioux, resolution of Senate, June 27, 1860 .

treaty of July 15, 1830 .

November 30, 1836 .

August 5, 1851 . . . . .

June 19, 1858 .

Wahpeton band of Sioux, treaty of July 15, 1830 .

July 23, 1851 .

June 19, 1858 .

February 19, 1867 .

September 20, 1872 (unratified) ....

May 2, 1873 (unratified) .

Wallawalla, referred to in Yakima treaty of June 9, 1855 .

treaty of June 9, 1855, at Camp Stevens .

June 25, 1855, at Wasco . .

November 15, 1865 . . .

Wapaghkonnetta, treaty with Shawnee at, August 8, 1831 .

Wasco, treaty with Wallawalla and Wasco at, June 25, 1855 .

November 15, 1865 .

Washington, treaty with confederated tribes in . . .

Flatheads and other tribes in, July 16, 1855...

Nez Perces in,' June 11, 1855 .

Quinaielt and Quileute in, July 1, 1855 .

Washington, treaty with Bois Forte Chippewa at, April* 7, 1866 .

Cherokee at, January 7, 1806 .

March 22, 1816 .

February 27, 1819 .

Cherokee at, August 6, 1846 .

July 19, 1866 .

Chickasaw at, May 24, 1834 .

June 22, 1852 .

Chippewa at, May 9, 1836 .

February 22, 1855 .

March 11, 1863 . .

April 12, 1864 .

May 7, 1864 .

of the Mississippi at, March 19, 1867

Choctaw at, January 20, 1825 .

and Chickasaw at, June 22, 1855 .

April 28, 1866 ....

Creeks at, November 14, 1805 .

referred to .

January 24, 1826 . .

March 24, 1832 .

June 14, 1866 .

Creeks and Seminole at, August 7, 1856 .

413
411
347
597
218
357
438
590
218
437
594
737
797
799
525
521
536
693
238
536
693
524
542
528
539
700
66
86, 87
124

309

442

342

513

642

659

660
752
149
531
702

109

188

247

714

569

INDEX.

831

Page.

Washington, treaty with Crows at, May 14, 1880 (unratified) . . . 801

Delawares at, May 6, 1854 . 456

Iowa at, August 4, 1824 . 146

May 17, 1854 . . . 466

Kaskaskia and others at, May 30, 1854 . 474

Kickapoo at, May 18, 1854 . 471

Mdewankanton and Wahpakoota bands of Sioux at, June 9, 1858 ...... 590

Menominee at, February 8, 1831 . 228

Miami at, June 5, 1854 . 478

Omaha at, March 16, 1854 . . . 453

March 6, 1865 . 668

Oneida at, February 3, 1838 . . . 382

Oto and Missouri at, March 15, 1854 . 466

Ottawa at, May 17, 1854 . 466

June 24, 1862 . 633

Ottawa and Chippewa at, March 28, 1836 . . . 334

Ponca at, March 12, 1858 . 582

March 10, 1865 . 670

Potawatomi at, February 11, 1837 . 362

February 27, 1867 . 748

Sauk and Foxes at, August 4, 1824 . . . : . . 145

October 21, 1837 . 367,368

May 18, 1854 . 469

Seminole at, March 21, 1866 . 694

Seneca at, February 28, 1831 . 233

and others at, February 23, 1867 . 740

Shawnee at, May 10, 1854 . . . . 460

Shoshoni and others at, May 14, 1880 . . 803

Sioux at, September 29, 1837 . 366

October 21, 1837 . 368

June 19, 1855 . 590, 594

September 20, 1872 (unratified) . 797

May 2, 1873 . 799

Sisseton and Wahpeton Sioux at, June 19, 1858 . 594

February 19, 1867 . 737

September 20, 1872 (unratified) . 797

May 2, 1873 . 799

Winnebago at, November 1, 1837 . 369

October 13, 1846 . 419

February 27, 1855 . 518

April 15, 1859 . 598

March 8, 1865 . 670

Wyandot at, April 1, 1850 . 436

January 31, 1855 . 506

Yankton Sioux at, April 19, 1858 . 586

Washington, allied tribes of, treaty of January 22, 1855 . . . 501

Watatkah tribe of Snakes, referred to in Snake treaty of August 12, 1865 . 672

Wea, included in Miami Nation . 76

referred to in Delaware treaty of September 30, 1809 . 74

Kaskaskia treaty of October 27, 1832 . . . 275

Miami treaty of September 30, 1809 . 75

treaty of August 3, 1795, at Greenville . 30

June 7, 1803, at Fort Wayne . . . . 47

August 21, 1805, at Grouseland . 58

October 26, 1809, at Vincennes . 75

July 22, 1814, at Greenville . 76

June 4, 1816, at Fort Harrison. . 90

* October 2, 1818, at St. Mary’s . 118

referred to . 132

August 11, 1820, at Vincennes . 132

October 29, 1832, at Castor Hill . . . 280

referred to . 474

May 30, 1854, at Washington . 474

February 23, 1867 . 740

Weeminuche band of Ute, treaty of March 2, 1868. _ . 765

Wenatshapam, treaty of June 9, 1855, at Camp Stevens . . . 524

Western Cherokee, treaty of May 6, 1828 . . . 206

February 14, 1833, at Fort Gibson . 283

Wichita, referred to in Choctaw treaty of June 22, 1855 . 531

treaty of August 24, 1835, at Camp Holmes . 322

May 15, 1846, at Council Springs . . 411

Willamette or Clow we walla band of Tumwaters, treaty of January 22, 1855 . 498

Winnebago, referred to in Chippewa treaty of August 5, 1826 . 192

Menominee treaty of February 8, 1831 . . 228

treaty with New York Indians January 15, 1838 . 373

832

INDEX.

Winnebago, referred to in Omaha treaty of March 6, 1865 .

Stockbridge treaty of November 24, 1848

treaty of September 8, 1815, at Spring Wells .

June 3, 1816, at St. Louis .

June 19, 1825, at Prairie du Chien .

referred to .

August 11, 1827, at Butte des Morts .

referred to .. . ..

August 25, 1828, at Green Bay .

August 1, 1829, at Prairie du Chien .

referred to .

September 15, 1832, at Fort Armstrong .

referred to .

November 1, 1837, at Washington .

referred to .

October 13, 1846, at Washington .

referred to .

February 27, 1855, at Washington .

August 6, 1853, referred to .

April 15, 1859, at Washington .

March 8, 1865, at Washington .

of Fort Winnebago, treaty of September 15, 1832 .

Prairie du Chien, treaty of September 15, 1832 .

Rock River, treaty of September 15, 1832 .

Winnefelly band of Kalapuya, treaty of January 22, 1855 .

Wisham, treaty of June 9, 1855, at Camp Stevens .

Wollpahpe tribe of Snakes, treaty of August 12, 1865 . . .

Wyandot, boundary of lands referred to in Shawnee treaty .

referred to in Delaware treaty of May 6, 1854 .

May 30, 1860 .

treaty of January 21, 1785, at Fort McIntosh .

amended .

January 9, 1789, at Fort Harmar .

August 3, 1795, at Greenville .

referred to .

August 7, 1803, at Vincennes .

July 4, 1805, at Fort Industry .

November 17, 1807, at Detroit .

November 25, 1808, at Brownstown .

July 22, 1814, at Greenville .

September 8, 1815, at Spring Wells . ..

September 29, 1817, on the Miami .

supplemented .

referred to .

September 7, 1818, at St. Marys .

modified .

September 20, 1818, at St. Marys .

January 19, 1832, at McCutcheonsville .

April 23, 1836 .

March 17, 1842, at Upper Sandusky .

referred to .

December 14, 1843, with Delawares .

April 1, 1850, at Washington .

January 31, 1855, at Washington .

February 23, 1867 .

Page.

. 669

427

. . 90

jf| ' 177

...... 201

. 401

. 209

. 215

. 251

296, 370, 420

. 369

. 420

. 419

.... 424,518

. 518

. 520

. 598

. 670

. 251

. 498

. 524

. 671

. 13

. 457

. 610

. 4

13, 14, 16, 17

. 13

. 30

. -48

. 49

. 56

. 68

. 72

. 76

. 83

. 100

. 113

341, 342, 396

. 113

. 246

. 115

. 246

. 341

. . 395

. 436

. . 793

. 436

. 506

. . 740

Yahooskin band of Snakes, treaty of October 14, 1864 .

Yakima, treaty of June 9, 1855, at Camp Stevens . .

Yam Hill band of Kalapuya, treaty of January 22, 1855 .

Yampa band of Ute, treaty of March 2, 1868 .

Yankton band of SiOux, council to be held in 1826 .

referred to in Sioux treaty of August 19, 1825

treaty of July 19, 1815 .

June 22, 1825, at Fort Lookout .

July 15, 1830 .

October 15, 1836 .

October 21, 1837 .

April 19, 1858 .

April 29, 1868 .

Yanktonai band of Sioux, treaty of June 22, 1825, at Fort Lookout. . .

October 20, 1865 .

663

524

498

765

180

178

161

218

355

368

586

770

161

690

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